Progressing a claim - Requests for further information about statements of case

Learning Outcomes

This article explains the procedure and purpose of requests for further information regarding statements of case under CPR Part 18. After reading this article, you should understand when and how to make such requests, how to respond effectively, the grounds for objection, and the potential consequences of non-compliance. This knowledge will assist you in applying the relevant rules to SQE1 assessment questions concerning case progression and clarification of issues in dispute.

SQE1 Syllabus

For SQE1, you are required to understand the procedures involved in progressing a claim, including methods for clarifying statements of case. This involves applying the rules relating to requests for further information under CPR Part 18. Your revision should focus on:

  • The purpose and scope of requests for further information under CPR Part 18.
  • The procedure for making a request for further information, including the initial written request and subsequent court application.
  • The requirements for responding to a request, including time limits and verification with a statement of truth.
  • The grounds upon which a party may object to providing the information requested.
  • The potential sanctions for failing to comply with a request or court order under CPR Part 18.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Under which Part of the Civil Procedure Rules are requests for further information about statements of case governed?
    1. Part 16
    2. Part 17
    3. Part 18
    4. Part 23
  2. Before applying to the court for an order for further information under CPR Part 18, what procedural step should a party normally take first?
    1. File a defence
    2. Serve a witness statement
    3. Make a written request to the other party
    4. Apply for summary judgment
  3. Which of the following is NOT a valid ground for objecting to a request for further information?
    1. The information requested is not reasonably necessary.
    2. Providing the information would be disproportionately expensive.
    3. The information is contained within a privileged document.
    4. The information requested relates to a matter not currently in dispute.

Introduction

During the course of civil litigation, it is essential that each party clearly understands the case they have to meet. Statements of case (such as the particulars of claim or the defence) set out the basis of each party's position. However, sometimes these documents may lack clarity or sufficient detail, leaving the opposing party uncertain about specific allegations or the factual basis relied upon. CPR Part 18 provides a mechanism for parties to seek clarification or additional information about matters raised in statements of case or other relevant matters in dispute. Properly utilised, Part 18 requests can help to narrow the issues, prevent surprise at trial, and facilitate fair and efficient case management in line with the overriding objective.

Purpose of CPR Part 18

The primary purpose of CPR Part 18 is to enable a party to obtain the information reasonably required to understand the case they have to meet, or to prepare their own case effectively. It aims to ensure that litigation proceeds on the basis of clearly defined issues, avoiding ambiguity and potential misunderstandings.

Requests under Part 18 should be focused on clarifying matters genuinely in dispute or seeking necessary additional details. They should not be used as a ‘fishing expedition’ to obtain broad disclosure of evidence or to harass the opponent. The court expects requests to be proportionate to the needs of the case, considering factors such as the complexity of the issues and the amount of money involved.

Key Term: Statement of Case
A formal court document setting out a party's case, such as the claim form, particulars of claim, defence, counterclaim, or reply to defence.

Procedure for Requesting Further Information

CPR Part 18 and its accompanying Practice Direction (PD 18) outline a two-stage process for seeking further information.

Initial Written Request

The first step, required by PD 18 para 1, is for the party seeking information (the requesting party) to serve a written request on the party from whom the information is sought (the responding party).

Key Term: Request for Further Information
A formal written request made by one party to another seeking clarification of a matter in dispute or additional information relating to such a matter, usually concerning a statement of case.

The request must:

  • Be concise and strictly confined to matters reasonably necessary and proportionate to enable the requesting party to prepare their case or understand the case they have to meet.
  • Ideally be made in a single, comprehensive document.
  • State a reasonable date by which the response should be served.
  • If practicable, be served in a separate document from other correspondence and be headed as a Part 18 Request.

Application to the Court

If the responding party fails to provide the information requested within the specified time, or if the response is considered inadequate, the requesting party may apply to the court for an order under CPR 18.1.

The court has the power to order a party to:

  • (a) clarify any matter which is in dispute in the proceedings; or
  • (b) give additional information in relation to any such matter.

The application must identify the specific clarification or information sought and explain why it is reasonably necessary and proportionate. The court will consider the application in light of the overriding objective, ensuring that any order made is just and manages the case efficiently.

Responding to a Request for Further Information

Obligations of the Responding Party

The party receiving a Part 18 Request has a duty to respond within the time specified in the request (or ordered by the court). The response must be in writing, dated, and signed by the responding party or their legal representative.

Key Term: Response
The formal written answer provided by a party to a Request for Further Information made under CPR Part 18.

Importantly, the response must be verified by a statement of truth (PD 18 para 5). This emphasises the seriousness of the information provided, as making a false statement without an honest belief in its truth can lead to contempt of court proceedings.

Objecting to a Request

A responding party is not obliged to answer every request made. They may object to providing some or all of the information sought if there are valid grounds for doing so (PD 18 para 2). Common grounds for objection include:

  • The request is not reasonably necessary for the requesting party to prepare their case or understand the case they have to meet.
  • Providing the information would be disproportionate in terms of cost or effort compared to the benefit gained.
  • The request amounts to a 'fishing expedition' seeking evidence rather than clarification.
  • The information sought is privileged (e.g., subject to legal advice privilege or litigation privilege).
  • The information requested relates to matters not currently in dispute.

If objecting, the responding party must explain the grounds for objection clearly in their written response.

Worked Example 1.1

A Claimant issues proceedings for breach of contract, alleging numerous defects in goods supplied. The Particulars of Claim state: "The goods supplied were defective in multiple respects rendering them unfit for purpose." The Defendant finds this allegation too vague. What should the Defendant do?

Answer: The Defendant should first send a written Request for Further Information under CPR Part 18 to the Claimant. The Request should ask the Claimant to clarify precisely which goods were allegedly defective, what the specific defects were for each item, and why these defects rendered the goods unfit for their intended purpose. The Request should specify a reasonable deadline for the response (e.g., 14 days). If the Claimant fails to provide adequate clarification, the Defendant can then apply to the court for an order compelling the Claimant to provide the information.

Consequences of Non-Compliance

Failure to respond adequately or at all to a Part 18 Request, or failure to comply with a court order made under CPR 18.1, can lead to sanctions. The court has various case management powers it can exercise, including:

  • Making an 'unless order', requiring the defaulting party to comply by a specific date, failing which their statement of case (or part of it) may be struck out.
  • Making an adverse costs order against the defaulting party.
  • Preventing the defaulting party from relying on certain evidence at trial.
  • Drawing adverse inferences from the failure to provide information.

Exam Warning

Remember the two-stage process: a written request must precede a court application. An application made without first requesting the information informally is likely to be criticised by the court and may carry adverse costs consequences, unless there is a very good reason for not making the initial request (e.g., urgency or previous refusal to engage).

Worked Example 1.2

In response to a Defendant's Part 18 Request, the Claimant provides answers but fails to verify the Response with a statement of truth. The Defendant's solicitor notices this omission. What is the significance of this failure?

Answer: The failure to verify the Response with a statement of truth means it does not comply with PD 18 para 5. Consequently, the Response cannot be relied upon as evidence by the Claimant. The Defendant's solicitor should write to the Claimant's solicitor pointing out the defect and requesting that a compliant, verified Response be served. If this is not done, the Defendant could apply to the court for an order compelling compliance or potentially to strike out parts of the Claimant's case related to the unverified information.

Key Point Checklist

This article has covered the following key knowledge points:

  • CPR Part 18 allows parties to request further information to clarify disputed matters in statements of case or other relevant issues.
  • The purpose is to ensure clarity, narrow issues, avoid surprise, and manage cases efficiently in line with the overriding objective.
  • A written request should be made first before applying to the court.
  • Requests must be concise, proportionate, and reasonably necessary.
  • Responses must be timely, address each point, and be verified by a statement of truth.
  • Parties can object to requests on valid grounds (e.g., proportionality, privilege, relevance).
  • Failure to comply with requests or court orders can lead to sanctions, including costs orders or striking out.

Key Terms and Concepts

  • Statement of Case
  • Request for Further Information
  • Response
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