Part 35

Requests for information

Contents of this part

Right of parties to obtain information Rule 35.1

Orders compelling a reply to a request for information Rule 35.2

Time limits for compelling a reply Rule 35.3

Information obtained under Part 35 not to be used in other

proceedings Rule 35.4

 

Right of parties to obtain information

35.1 (1) This Part enables a party to obtain from any other

party information about any matter which is in

dispute in the proceedings.

(2) To do so he must serve a request for information that

he wants on that other party.

(3) He must state in his request precisely what

information he wants.

 

Orders compelling a reply to a request for information

35.2 (1) If a party does not give information which another

party has requested under rule 35.1 within a

reasonable time, the party who served the request may

apply for an order compelling him to do so.
    1. An order may not be made under this rule unless it is necessary in order to dispose fairly of the claim or to save costs.

(3) When considering whether to make an order the court must have regard -
    1. to the likely benefit which will result if the information is given; and
    2. to the likely cost of giving it; and
    3. to whether the financial resources of the party against whom the order is sought are likely to be sufficient to enable that party to comply with such an order.

 

 

Time limits for compelling a reply

35.3 An application for an order compelling a reply to a request for

information may not be made before the time for serving

witness statements has expired nor less than 42 days before

the date fixed for the trial.

(The time for serving witness statements will be specified in

directions given by the court under Part 27)

 

Information obtained under Part 35 not to be used in other proceedings

35.4 A party may use information which he obtains -

(a) in response to a request under rule 35.1; or

(b) in compliance with an order under rule 35.2

only for the purpose of the proceedings in which the request or order was made.