Topic
In civil litigation, it is often necessary for one party to seek additional details or clarifications regarding the opposing party's statements of case. Requests for further information (RFIs) are a formal mechanism provided under the Civil Procedure Rules (CPR), specifically Part 18, allowing parties to obtain such information. These requests help to narrow the issues, clarify ambiguities, and ensure that each party fully understands the other's case.
The primary purposes of RFIs include:
In *Swain-Mason v. Mills & Reeve* [2011], the Court of Appeal emphasized that RFIs should not be used as a tactical device to complicate the litigation or cause unnecessary delay. Instead, they should focus on obtaining genuinely necessary information to clarify the issues in dispute. The court discouraged the use of RFIs for fishing expeditions and reiterated the importance of proportionality and relevance.
An RFI should be clearly drafted and specific in its queries. It should focus on obtaining necessary details without being overly broad or burdensome. Key elements include:
In a contract dispute, a claimant might issue an RFI requesting clarification on a defendant's assertion that a particular contractual term was not breached. The RFI might ask the defendant to specify the exact actions or inactions that led them to this conclusion, referencing specific clauses in the contract. This precise request helps focus the dispute and avoid unnecessary arguments.
The party receiving an RFI is generally obliged to respond in a timely manner. The response should address each question directly and provide the requested information or clarify why the information cannot be provided. Key aspects of the response include:
Disputes may arise regarding the scope or appropriateness of an RFI. The CPR provides mechanisms to resolve such disputes, including:
In a personal injury case, the defendant may receive an RFI requesting detailed medical records unrelated to the injury claimed. The defendant could object, arguing that the request is overly broad and irrelevant to the issues at hand. If the claimant insists, the court may need to intervene to decide whether the information is necessary and proportionate.
Requests for further information are an essential tool in civil litigation, facilitating the exchange of necessary details and clarifications between parties. They help to refine the issues in dispute, ensuring that all parties are adequately prepared for trial. Properly handling RFIs—whether making or responding to them—requires careful consideration of the relevance and necessity of the information, adherence to procedural rules, and a commitment to maintaining fairness in the litigation process.