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#4684 - Request For Further Information - BPC Civil Litigation
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REQUEST FOR FURTHER INFORMATION Usually made shortly after relevant statement of case or Witness Statement served Can be by Court of its own motion or by a party - to clarify issues, facts relied on, for information for purposes of case-management. May be made:
*
After service of statement of case:
* if not as clear as it should be
* if fails to set out party's case precisely
*
To clarify any matter in dispute, and/or
*
To seek information about any matter in dispute (even if issue not contained in statement)
Cannot be used for seeking information about other party's financial support (insurance) Should not be used for:
*
tactical reasons,
*
obtaining explanation of matters clear in statement of case,
*
seeking explanation of other party's legal case, or
*
obtaining information for purposes unconnected with the present litigation.
2 Types of Request:
1. Request for information,
2. Request for clarification Request for Information "first party" - party seeking information "second party" - party from whom information sought Must be for Information reasonably necessary and proportionate to enable the first party to prepare its own case or understand the case to be met
1. Preliminary Request First party serves second party with written request, stating date by which response should be served (must allow reasonable time to respond) If practicable - serve request by email
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