K5.3. Requests for further and better particulars
| 295. |
CPR 18 also provides the basis for the equivalent of a
request for further and better particulars under the existing system. |
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| 295.1 |
The associated Practice Direction stipulates that a party who
seeks clarification or information about some matter in a claim or defence should seek it
first by correspondence and if this is not forthcoming, apply to the court for a Part 18
order. (Note 235) |
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|
| 295.2 |
If the other party objects to providing the information or
clarification, he gives reasons why, including a reason based on overriding objective, eg,
that the request is disproportionate. (Note 236) |
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| 295.3 |
If the court makes an order, it may at the same time (as is
generally encouraged) (Note 237) provide
for the consequences of non-compliance. Such an order takes effect automatically unless
the defaulting party applies for and obtains relief from the sanction. (Note 238) |
Notes
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