A party may sometimes take the view that the statement of case provided by the other side is not as clear as it should be, or fails to set out the other side’s case with the precision that would be expected. In such cases a request may be made for further information about the facts on which the other side’s case is based. This chapter discusses the rules on requests for further information; the response; objecting to requests; orders for responses; requests in freezing injunctions; and collateral use.
Chapter
18. Requests for Further Information
Chapter
18. Requests for Further Information
A party may sometimes take the view that the statement of case provided by the other side is not as clear as it should be, or fails to set out the other side’s case with the precision that would be expected. In such cases a request may be made for further information about the facts on which the other side’s case is based. This chapter discusses the rules on requests for further information; the response; objecting to requests; orders for responses; requests in freezing injunctions; and collateral use.
Chapter
30. Striking Out, Discontinuance, and Stays
This chapter discusses striking-out orders, discontinuance, and stays in civil proceedings. Rule 3.4(2) of the Civil Procedure Rules 1998 (CPR) allows the court to strike out a statement of case if it appears to the court: that the statement of case discloses no reasonable grounds for bringing or defending the claim; that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or that there has been a failure to comply with a rule, practice direction, or court order. A party who realizes their case is doomed is often best advised to discontinue to prevent the accumulation of further costs, but often has to pay the costs of the other parties to date. Stays are temporary halts in proceedings, and can be granted for a range of reasons. A stay is normally lifted once the reason no longer applies.
Chapter
30. Striking Out, Discontinuance, and Stays
This chapter discusses striking-out orders, discontinuance, and stays in civil proceedings. Rule 3.4(2) of the Civil Procedure Rules 1998 (CPR) allows the court to strike out a statement of case if it appears to the court: that the statement of case discloses no reasonable grounds for bringing or defending the claim; that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or that there has been a failure to comply with a rule, practice direction, or court order. A party who realizes their case is doomed is often best advised to discontinue to prevent the accumulation of further costs, but often has to pay the costs of the other parties to date. Stays are temporary halts in proceedings, and can be granted for a range of reasons. A stay is normally lifted once the reason no longer applies.
Chapter
12. Drafting Statements of Case
A statement of case is a summary of allegations of fact which sets out all the elements required by law to show a cause of action, and entitlement to all remedies claimed. Clear, concise, and complete statements of case are central to effective litigation. A good statement of case encapsulates what the case is about, demonstrating good factual analysis, based on a proper understanding of the relevant law. This chapter deals with the rules and skill related to statements of case, and how statements of case can be refined. The discussions cover the process for drafting a statement of case; rules for drafting; principles for focusing on issues; headings for statements of case; framework for particulars of a claim; specifying remedies and relief; refining a statement of case; and challenging a statement of case.
