CPR Part 18

[MondeoST24]

Hi,

 

I am a little confused on this. I found the text below on the internet. I might be getting confused but I thought it read like only the court can ask the party to provide the documents. Is that correct?

 

If a defendent simply asks the claimant for this do they have to comply?

 

Thanks

 

Obtaining further information

 

18.1

 

(1) The court may at any time 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,

 

whether or not the matter is contained or referred to in a statement of case.

 

(2) Paragraph (1) is subject to any rule of law to the contrary.

 

(3) Where the court makes an order under paragraph (1), the party against whom it is made must –

(a) file his response; and

 

(b) serve it on the other parties,

 

within the time specified by the court.

 

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

(Part 53 (defamation) restricts requirements for providing further information about sources of information in defamation claims)

 

Restriction on the use of further information

 

18.2

 

The court may direct that information provided by a party to another party (whether given voluntarily or following an order made under rule 18.1) must not be used for any purpose except for that of the proceedings in which it is given.

[GaryH]

In a claim allocated to the fast or multi track, either party can request the other party to provide further information (see the practice direction to p18)), and if the other party does not reply then an application can be made to the court to order them to do so. Any request, however, is subject to the requirement of proportionality and the information requested must be reasonably necessary to enable the party making the request to understand the case it has to meet. The court doesn't approve of tactically onerous requests or "fishing expeditions".

 

In a claim allocated to the small claims track, part 18 does not apply (see r27.2). So technically you do not have to respond at all and the other side could not apply for an order. Having said that, refusing to respond to a reasonable and proportionate request on this basis is risky, as the court may consider it unreasonable and penalise you in costs later on (especially if the information requested would have been likely to mean a settlement would have been acheived).

 

Hope that helps.