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Part 19

Preliminary request for further information or clarification 19.5 - 19.12

19.5

Before making an application to the Court for an order under Rule 19.1, the party seeking clarification or information should first serve on the party from whom it is sought a written request for that clarification or information (“a Request”), stating a date by which the response to the Request should be served. The date must allow the party providing clarification or further information a reasonable time to respond.

19.6

A Request should be concise and strictly confined to matters which are reasonably necessary and proportionate to enable the first party to prepare his own case or to understand the case he has to meet.

19.7

Requests must be made as far as possible in a single comprehensive document and not piecemeal.

19.8

A Request may be made by letter if the text of the Request is brief and the reply is likely to be brief; otherwise the Request should be made in a separate document.

19.9

If a Request is made in a letter, the letter should, in order to distinguish it from any other that might routinely be written in the course of a case:

(1) state that it contains a Request made under Part 19, and

(2) deal with no matters other than the Request.

19.10

A Request (whether made by letter or in a separate document) must:

(1) be headed with the title and number of the claim;

(2) in its heading state that it is a Request made under Part 19, identify the party seeking clarification or information and the party from whom it is sought and state the date on which it is made;

(3) set out in a separate numbered paragraph each request for information or clarification;

(4) where a Request relates to a document, identify that document and (if relevant) the paragraph or words to which it relates; and

(5) state the date by which the party seeking clarification or information expects a response to the Request.

19.11

A Request which is not in the form of a letter may, if convenient, be prepared in such a way that the response may be given on the same document:

(1) to do this, the numbered paragraphs of the Request should appear on the left hand half of each sheet so that the paragraphs of the response may then appear on the right;

(2) where a Request is prepared in this form an extra copy should be served for the use of the second party.

19.12

Subject to Rules 9.3(1) to (4) a Request should be served by e-mail if reasonably practicable.