Request for further information and clarification
Disputes & Litigation

Requests for further information and clarification are filed by parties in UK litigation to ascertain better particulars in respect to facts pleaded in a statement of case, such as particulars of claim or a defence. The recipient must answer each request unless it is oppressive or irrelevant to the dispute before the court, after having a reasonable time to respond.

Purpose

The purpose of these requests in litigation is to clarify matters that are in dispute in the proceedings, so that the party issuing them is able to understand the case that they are required to answer. Requests may be made for additional information and are not limited to matters expressly raised in the pleadings. The request must be concise and proportionate to the issues in dispute in the litigation.

Example

For example, the claimant may allege that an oral contract was formed between the parties involved in the dispute in the particulars of claim, but not provide sufficient information for the defendant to ascertain the contractual terms alleged to have been agreed in the contract. The defendant is entitled to file and serve a request for further information and clarification requiring the claimant to:

1. specify the words used by the parties that have contractual effect;
2. the person who spoke those words;
3. when the words were spoken; and
4. where the persons involved were located when the words were spoken.

In the event that a party unreasonably refuses to answer a request for further information and clarification, the party issuing the request may apply for an order requiring them to answer the request within a specified timeframe.

Limitations

There is a limitation to the information provided in responses to requests for further information and clarification. The court may order that the information provided pursuant to a request for further information and clarification may not be used other than for the purposes of the proceedings for which they were filed.

Such requests are also called "Part 18 Requests", as the power to issue them is derived from Part 18 of the Civil Procedure Rules. The answers to requests made under the this Part are called “Responses to Request for Further Information and Clarification”.