THE CURRENT IMPORTANCE OF PLEADINGS 92: THE NEED TO PROVIDE PARTICULARS OF SIGNIFICANT ALLEGATIONS: DEFENDANTS’ (LARGELY) SUCCESSFUL REQUEST FOR FURTHER INFORMATION NEEDED BEFORE THEY FILED A DEFENCE
Reports relating to requests for further information are relatively rare. In this case the judge considers the defendants’ request in detail. The claimant was not ordered to answer all of the questions raised. However the judgment does illustrate important issues…
DOES THE HEADING MATTER? IS A PART 18 REQUEST VALID IF IT DOES NOT COMPLY WITH THE RULES?
What should the court’s approach be if a party serves a Part 18 request but, for various reasons, it does not comply with the rules? The respondent to the request in this case took the point. The Master had to…
PART 18 REQUEST FOR INFORMATION ABOUT DAMAGES REFUSED: “NEITHER REASONABLE OR PROPORTIONATE”
In Kings Security Systems Ltd v King & Anor [2019] EWHC 3620 (Ch) Master Kaye refused an application that a party provide further information in relation to damages. “Part 18 requests should be for the purpose of providing further information…
FAILURE TO GIVE ADEQUATE REPLIES TO PART 18 QUESTIONS LEADS TO ACTION BEING STRUCK OUT: RELIEF FROM SANCTIONS REFUSED
In his judgment today in Griffith -v- Gourgey [2015] EWHC 1080 (Ch) Mr Justice Simon addressed the issue of whether an action stands struck out if a party gives inadequate replies to Part 18 questions after a peremptory order has…
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