#10340 - Requests For Further Information - BPC Civil Litigation

REQUESTS FOR FURTHER INFORMATION

WHEN APPROPRIATE

• can be made:

1. by court of own motion (inquiries into facts, for information for case management); OR

2. by a party (to clarify issues, facts relied on)

• CANNOT be used for:

1. seeking information about other party's financial support (insurance)

2. tactical reasons

3. obtaining explanation of matters clear in SoC

4. seeking explanations of other side's legal case

5. obtaining info for reasons unconnected with present litigation

Principles

• OO - request should be reasonably necessary and proportionate (less drastic alternative to strike out)

• court may direct that information gained following request can only be used in current proceedings, especially if sensitive information

2 types of request

1. request for further information about SoCs

2. request for clarification of facts in case

   • will be disallowed if:

     1. fishing expedition

     2. unfair purpose

     3. seek oppressive level of detail

     4. unnecessary for saving costs

THE REQUEST FOR FURTHER INFORMATION

• first party - party seeking information

• second party - party from whom information sought

• request must be:

1. concise; AND

2. for information reasonably necessary and proportionate to enable first party to prepare its case or understand 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

• format of request

  • contents

1. headed with name of court, title of claim, claim no

2. state that it is a request under Part 18

3. ID document relates to and if relevant paragraph / words

4. state date request made

5. state date by which first party expects response

   • must set out each request in a numbered paragraph

   • may:

1. be by letter if brief

2. resemble SoC if complex (but NOT SoC as no statement of truth)

3. have requests on left-hand side, with space for responses on right

2. Response

• may enter on request, if there is space on right hand side

• otherwise, must

1. be headed with name of court, title of claim, claim no

2. state in heading that it is a response to a request under Part 18

3. repeat text of each separate paragraph of request and set out under each paragraph the response to it

4. attach copy of any document not already in possession of first party which forms part of response

• response is a SoC must be verified by statement of truth

  • improper to set out matters departing from earlier SoC

• must serve on first party (and all other parties) AND file at court

3. Objecting to requests

• if second party objects to the request OR time stated for response is too short – must notify first party of objection promptly and, in any event, within time stated in request

• objection must:

1. be in writing

2. state reasons – may include:

   1. request disproportionate

   2. request infringes privilege

   3. request infringes OO

• if objection is too little time – must state date by which response will be served

4. Order for response

• if NO response - first party may apply to court for order compelling second party to respond

• procedure

  • application notice

  • attach draft order

  • ...