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#10151 - Part 18 Requests - Civil Litigation

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General

  • CPR r.18.1: the court may at any time order a party to (a) give clarification or (b) additional information to the other party, irrespective of whether the matter was referred to in a statement of case. T&F NOTE The Part 18 Request needs not be verified by a statement of truth, however, the response to the request does.

  • Part 22 requires a response to be verified by a statement of truth

  • PD 18.1.1: before applying to the court, the party seeking the info must first serve a written request on the other party (This Written Request is known as a Part 18 Request)
A Part 18 Request should include:

  • A reasonable date by which the other must respond (PD 18.1.1)

  • Concise and strictly confined to matters (PD 18.1.2)

  • A single comprehensive document and not piecemeal (PD 18.1.3)

  • The requirements under PD 18.1.6:

    • Name of the court, title and claim number

    • Headed with ‘Part 18 Request’

    • Identify applicant, respondent and date it is made

    • Separate numbered paragraphs
Format

  • It may be set out in either a letter (provided it is clearly headed as a Part 18 Request) or a separate formal document (PD 18.1.4)
Response

  • In writing, dated and signed by the party or his legal representative (PD 18.2.1)

  • If request was made in a letter, the response can also be in a letter provided it identifies itself as such (PD 18.2.2)

  • If request was made in a formal document, the reply must comply with the PD 18.2.3 requirements:

    • Name of the court, title and claim number

    • Identify itself as a response to the Part 18 Request

    • Repeat the text of each paragraph of the Request and set out under each paragraph the response to it

    • File at court and serve on all the parties

    • Verified by a statement of truth (PD 18.3)
No Response Given

  • The party failing to reply at all or within the permitted time period must comply with PD 18.4.1:

    • inform the first party promptly and in within that time

    • explaining why they cannot/will not reply
Applicant’s Options

  • The applicant can apply for a court order forcing the respondent to reply to the Part 18 Request

  • It will only be granted where the court is satisfied that the request is confined to matters that are reasonably necessary and proportionate to enable the applicant to prepare his case
How to deal with the Response received to a Request for Further Information

  • T&F NOTE Once the relevant party (usually the claimant) provides their Response to the Part 18 Request in the appropriate form:

there is no requirement thatthedefendantserve a Reply to the Response, and if they do, the permission of the court is not required. However here it is likely that they he will want to address theallegation that for example the Claimant failed to mitigate his losses.

CONDUCT

Cod of Con, principles 1, 2 4, 6 and 7

 T&F NOTE Your client is being sued for professional negligence and breach of contract. After looking at the Particulars of Claim your client says "I agree with everything they say but I'll be damned if I'm going to admit anything - that idiot needs teaching a lesson". He then instructs you to deny all allegations. You do not need to comply with your client’s instructions. Whilst you should as a general rule comply with your client's instructions, in this scenario it would mean that you would be misleading the court by presenting facts you know to be false. In addition, your client would be signing the statement of truth without an honest belief that the facts in the Defence were true and consequently your client would also be in contempt of court.

Part 18 Requests HOW TO APPLY IT

General

  • Whether you are acting for the Claimant or the Defendant, you may be asked to draft a Part 18 request in respect of the Particulars of Claim or the Defence that you have received.
Part 18 Request in respect of Particulars of Claim PoC

  • PoC are under CPR rule 16.

  • Veryfy that the Claim form has been filed out by the Claimant

  • Verify that the Names of the parties are correct.

  • If you are defending a company, verify who within the company the main contact was for the client and where, when, how the advice was given. If any of this info is missing in the PoC then you want to request further info on this.

  • Check that all the sections of the PoC have been completed by the claimant

  1. In a breach of contract (with/without negligence) (pg. 99 Civil Lit Book and WS 7)

  • Court + case Number

  • Parties

  • Particulars of Claim heading

  • Particulars of Breach heading

  • Particulars of Loss and Damage heading (with detailed description of calculations)

  • And the Claimant Claims heading

  • Statement of truth

  1. In negligence (damage) (pg. 403 Civil Lit Book)

  • Court + case

  • Parties

  • Particulars of Claim heading

  • Particulars of Negligence Heading

  • Particulars of Loss and Damage Heading(with detailed description of calculations)

  • And the Claimant Claims heading

  • Statement of Truth

  1. In...
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