CPR 18: Requesting Further Information
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Questions and Answers

What is the primary purpose of CPR 18?

  • To assess the financial impact of a case
  • To expedite trial proceedings without information exchange
  • To clarify or obtain additional details on disputed matters (correct)
  • To enforce compliance with court orders
  • In the context of CPR 18, which of the following is considered a reasonable and proportionate request?

  • Requests that are vague and lack specificity
  • Requests that clarify specific disputed facts necessary for presenting a case (correct)
  • Requests for irrelevant documents not related to the dispute
  • Requests that seek extensive personal information about the opposing party
  • Which statement best describes the scope of information requests under CPR 18?

  • Limited strictly to what is mentioned in the statement of case
  • Only focused on documentary evidence submitted during hearings
  • Can go beyond the statement of case to seek broader clarification (correct)
  • Restricted to admissions and weaknesses in the other party's case only
  • What should a party do before making a formal application to the court for further information?

    <p>Attempt to request the information voluntarily from the other party (A)</p> Signup and view all the answers

    One example of a situation where further information may be requested is to:

    <p>Identify potential weaknesses in the other party's argument (C)</p> Signup and view all the answers

    What is the purpose of narrowing issues through requests for further information under CPR 18?

    <p>To save time and reduce costs by limiting the scope of disputes (C)</p> Signup and view all the answers

    During a multi-track claim, when are directions for requests for further information typically provided?

    <p>During the first case management conference (B)</p> Signup and view all the answers

    What type of information might a party seek to clarify before witness statements are exchanged?

    <p>Specific details about what a witness may state (A)</p> Signup and view all the answers

    What must a party include in a written response to a request for further information?

    <p>A statement of truth verifying the accuracy of the response (C)</p> Signup and view all the answers

    What is the maximum time frame within which a requesting party can apply to the court if there is no response to their request?

    <p>14 days (D)</p> Signup and view all the answers

    What should a party do if they object to providing the requested information?

    <p>Notify the requesting party within the time set out in the request (A)</p> Signup and view all the answers

    Which of the following is a common reason for objections when asked for further information?

    <p>The information is considered privileged (D)</p> Signup and view all the answers

    What is the proper format for a written response to a request for further information?

    <p>A written, signed, and dated document (D)</p> Signup and view all the answers

    Which action can the court take if one party does not provide the requested further information?

    <p>The court orders the other party to clarify or provide further information (B)</p> Signup and view all the answers

    When is it permissible for the court to issue restrictions on the use of further information provided?

    <p>If the information is provided voluntarily or under court order (D)</p> Signup and view all the answers

    What must requests for further information be focused on?

    <p>Concise matters that are reasonably necessary and proportionate (C)</p> Signup and view all the answers

    What document must be filed along with the response to a court order for further information?

    <p>A statement of truth (C)</p> Signup and view all the answers

    Flashcards

    What is the purpose of CPR 18?

    CPR 18 is a tool used in legal proceedings where a party requests detailed information from the other party to clarify or gather evidence regarding points of contention in the case.

    What is the key requirement regarding the scope of information requested under CPR 18?

    The request for information must be related to the disputed points in the case, meaning the issues that both parties are arguing about.

    Is CPR 18 limited just to the information found in the Statement of Case?

    Requests for information under CPR 18 can go beyond what’s stated in the Statement of Case, allowing for broader clarification on disputed issues.

    What principles should guide requests for information under CPR 18?

    The court may request information that is necessary and proportionate for two purposes: to gain clarity on the opposing party’s case and to build a more robust case for the requesting party.

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    How can CPR 18 help a party seeking information?

    Information requests under CPR 18 can be used to confirm or challenge statements made by the opposing party to identify weaknesses in their arguments.

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    When are specific directions typically given for requesting further information in multi-track cases?

    In multi-track cases, the first Case Management Conference (CMC) often establishes the timeline for requests and responses concerning further information.

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    What is the first step required before formally applying to the court for further information?

    A party must attempt to obtain requested information voluntarily from the opposing party before filing a formal application to the court.

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    How should a request for further information be submitted?

    When serving a formal request for further information, it must be done in writing and delivered to the opposing party.

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    Request for Further Information

    A legal document outlining what information is required and setting a deadline for the other party to respond.

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    Written Response to Information Request

    A written, signed, and dated response stating the truth about the information provided.

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    Objection to Information Request

    A formal objection to providing the requested information, including reasons why.

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    Irrelevant or Disproportionate Information

    The information requested is not relevant to the case or is too detailed.

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    Privileged Information

    The information requested is confidential or protected from disclosure.

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    Disproportionate Expense

    The cost of providing the requested information is too high compared to its value.

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    Court Order for Further Information

    A legal decision by the court to order a party to provide further information.

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    Application to Court for Further Information

    A formal application to the court to request an order for further information.

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    Restrictions on Using Further Information

    The court can decide to restrict the use of information provided to only the current case.

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    Voluntary Request for Information

    Parties should try to obtain information voluntarily before asking the court for help.

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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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    Quiz Team

    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.

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