How Do I Make a Request for Clarification of a Claim Against Me?
If a claim has been issued against you there are various important steps that need to be taken fairly promptly to protect your position. Importantly you are only required to meet the case put to you and to the extent it is unclear, you may need clarification on certain aspects of it so that you can respond or understand the case against you. This is obviously incredibly important.
Our commercial, property and construction litigation teams routinely use requests for clarification to narrow the issues in dispute, and to pin down precisely that needs to be done or actioned moving forwards.
The civil procedure rules govern litigation. In accordance with CPR Part 18, you can make a Part 18 request for further information or clarification at any time, unless your type of claim or request is an exception to this rule. The exception that is most likely to be relevant to you is if your claim is a small claims matter – you cannot make a Part 18 request in a claim which has been allocated to the small claims track. Technically, you can make a Part 18 request at any time, but in practice, there is an appropriate time to make the request because the information you seek needs to be reasonably necessary to know now. Typically, this means that a Part 18 request is usually made once you receive an unclear statement of case.
Your Part 18 requests must be concise and strictly confined to matters reasonably necessary and proportionate to enable you to prepare your case or understand the case you need to meet.
You can make a Part 18 request in the form of a stand-alone letter (if it is simple) or a separate document. You must allow the other side a reasonable time to respond. The more detailed or complicated the request, the longer they will need to comply. Your request must comply with CPR 18 and Practice Direction 18.
The other side must respond by serving their response on you and any other parties, and filing it with the court. If they cannot answer any aspect of the request, they must explain why.
If the other side fails to provide a satisfactory response, in the first instance it is usually sensible to ask for further clarification. If the response remains unsatisfactory, you can apply to the court for an order compelling a response. For most claims, you can apply to the court on Form N244 for an order forcing the claimant to provide the necessary clarification. You should try to resolve the request amicably first as there is a risk that if you make an application, and it is unsuccessful, the court might order you to pay the other side’s costs of the application.
Our expert litigation solicitors at Helix Law routinely make use of the Part 18 procedure and we can assist you by considering and drafting Part 18 requests, and applications to the court. We act in disputes nationally. If you find yourself in a dispute or where a claim has been issued against you and you need assistance; we’d love to help you.
