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Questions and Answers
What is the primary purpose of CPR 18?
What is the primary purpose of CPR 18?
In the context of CPR 18, which of the following is considered a reasonable and proportionate request?
In the context of CPR 18, which of the following is considered a reasonable and proportionate request?
Which statement best describes the scope of information requests under CPR 18?
Which statement best describes the scope of information requests under CPR 18?
What should a party do before making a formal application to the court for further information?
What should a party do before making a formal application to the court for further information?
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One example of a situation where further information may be requested is to:
One example of a situation where further information may be requested is to:
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What is the purpose of narrowing issues through requests for further information under CPR 18?
What is the purpose of narrowing issues through requests for further information under CPR 18?
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During a multi-track claim, when are directions for requests for further information typically provided?
During a multi-track claim, when are directions for requests for further information typically provided?
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What type of information might a party seek to clarify before witness statements are exchanged?
What type of information might a party seek to clarify before witness statements are exchanged?
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What must a party include in a written response to a request for further information?
What must a party include in a written response to a request for further information?
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What is the maximum time frame within which a requesting party can apply to the court if there is no response to their request?
What is the maximum time frame within which a requesting party can apply to the court if there is no response to their request?
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What should a party do if they object to providing the requested information?
What should a party do if they object to providing the requested information?
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Which of the following is a common reason for objections when asked for further information?
Which of the following is a common reason for objections when asked for further information?
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What is the proper format for a written response to a request for further information?
What is the proper format for a written response to a request for further information?
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Which action can the court take if one party does not provide the requested further information?
Which action can the court take if one party does not provide the requested further information?
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When is it permissible for the court to issue restrictions on the use of further information provided?
When is it permissible for the court to issue restrictions on the use of further information provided?
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What must requests for further information be focused on?
What must requests for further information be focused on?
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What document must be filed along with the response to a court order for further information?
What document must be filed along with the response to a court order for further information?
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Study Notes
CPR 18: Requesting Further Information
- Purpose: Clarify disputed matters and gather crucial details for case preparation.
- Scope: Clarify disputed points, regardless of whether they're explicitly mentioned in the case statement.
- Disputed Matters: The request must pertain to items in dispute, as evident from case statements.
- Proportionality: Requests must be reasonable and proportionate to the information sought.
Examples of Requests
- Admissions: May request admissions (but not common).
- Identifying Weakness: Seek information to expose weaknesses in the opponent’s case.
- Fact Information: Gather details to support or challenge factual claims.
- Witness Information: Obtain details about a witness's expected testimony before exchanging formal statements.
- Clarify Case: Prevent the other party from shifting their stance later.
- Narrowing Issues: Limit the scope of the case and lessen costs.
Multi-Track Claims
- Directions for requests are often set during the first case management conference.
Making and Responding to Information Requests
- Voluntary Request First: Attempt a voluntary request prior to formal application.
- Written Request: Send a concise, written request, outlining a response deadline.
- Format Guidelines: Follow CPR guidelines for format and layout.
- Written Response: Include a statement of truth and file the documents with the court.
- Objections: Justify reasons for not supplying the requested information (e.g., irrelevance, excessive cost).
Applying to the Court for Information Requests
- Court's Role: The court can order a clarification or provide further information, even for matters outside the case statements.
- Applying to the Court: Make an application if a party fails to respond or objects. Use interim application under CPR 23.
- 14-day Rule: A 14-day lack of response allows a request without prior notice.
- Court Orders: The court enforces a response deadline and a statement of truth verification.
Restrictions on Information Use
- Confidentiality: Information obtained can be restricted for use only within the current proceedings.
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Description
This quiz focuses on the principles and applications of CPR 18 concerning the request for further information in legal cases. Participants will learn how to clarify disputed matters, gather crucial details, and ensure proportionality in requests. Examples and best practices are included to enhance understanding.
