Requests for information

Question 1

is this a statement of case?

Answer 1

the request isn’t but the response is

Question 2

what power does the court have in relation to RFIs?

Answer 2

The court may at any time order a party to (inc. matters not in SOC):
o Clarify any matter in dispute; or
o Give additional information

Question 3

what is the RFI procedure? (inc. timescales)

Answer 3

1. party should make a written request
2. if they do not reply/they are dissatisfied with the response (they should be asked for clarification before making an application), a formal application can be made

NB: the application cannot feb made until at least 14 days after the RFI was made

Question 4

when is it useful to make an RFI?

Answer 4

o Pleadings are confusing / clarification as to case to be answered required
o Explore weaknesses in pleaded case

Question 5

what are the formalities for an RFI?

Answer 5

o Be in writing (separate document or letter if short)
o Inc. response date (must be reasonable)
o Confined to reasonably necessary + proportionate matters to enable requesting party to understand case they need to meet
o Properly headed i.e. court, parties, case no., state it is an RFI
o Should be 1 document and not piecemeal

Question 6

what are the formalities for the response to the RFI?

Answer 6

o In writing, signed, dated + verified by a statement of truth
o Response states info requested followed by answer
o Filed & served

Question 7

how can the application be made and determined?

Answer 7

Can be made without notice + on papers if party didn’t respond to RFI

Question 8

when will the application be granted?

Answer 8

granted if RFI was confined to reasonably necessary + proportionate matters to enable requesting party to understand case they need to meet