Received an Unclear Claim or Defence? Here’s What You Can Do

In litigation, it is not uncommon for one party to feel that the other side’s case is unclear, vague, or missing important details. A claim or defence may contain broad allegations without properly explaining what is being alleged, how losses are calculated, or what factual basis the other party relies upon. In these situations, the Civil Procedure Rules (“CPR”), in particular CPR Part 18 and its Practice Direction, set out a procedure allowing parties to request clarification or additional information about matters in dispute 

What is a Request for Further Information? 

A Request for Further Information is a formal request asking another party to clarify matters contained in their statement of case, such as the Particulars of Claim or Defence. 

Statements of case are important because they define the issues in dispute and allow each party to understand the case they must meet.  Where a statement of case lacks sufficient detail, the opposing party may serve a CPR Part 18 Request seeking further clarification or information before the matter progresses further, provided this is reasonably necessary and proportionate to understanding or preparing their own case. 

When Might a Request Be Necessary? 

A request for further information may be appropriate where: 

• allegations are vague or unclear;  

• important facts or dates are missing;  

• losses have not been properly explained;  

• contractual terms relied upon have not been identified; or  

• the defence does not clearly explain why liability is denied.  

For example, a claimant may allege breach of contract without specifying which contractual term was breached or how the breach occurred. Clarifying these issues early can help narrow the dispute, avoid unnecessary costs, and assist parties in evaluating the strengths and weaknesses of the case. 

Is There a Formal Procedure? 

Under CPR Part 18 and Practice Direction 18, a party seeking clarification should first serve a written Request on the other side, stating the information sought and a reasonable date for a response. Requests should be concise, focused, and strictly confined to matters reasonably necessary and proportionate to prepare the requesting party’s own case or to understand the case they have to meet. If the responding party refuses to clarify their position or provides an inadequate response, the requesting party may apply to the court for an order requiring a response, but the court retains a wide discretion whether to grant such an order having regard to relevance and proportionality. Parties should therefore be cautious when making requests; overly broad or unnecessary requests may be challenged and could have costs consequences. 

What Are the Limits? 

A Request for Further Information is not intended to be a “fishing expedition” or a way to obtain all of the other side’s evidence before disclosure. 

The court may refuse requests that are: 

• overly broad;  

• disproportionate; or  

• unnecessary for resolving the real issues in dispute.  

Careful drafting and strategic consideration are therefore important. 

Conclusion 

Requests for Further Information can be an important procedural and strategic tool in litigation. They may help clarify the issues in dispute, identify weaknesses in the opposing party’s case, and avoid unnecessary delays or costs later in proceedings. 

However, deciding whether a request is appropriate, how it should be drafted, and how to respond to requests from the opposing party often requires careful legal and tactical consideration. 

As a multilingual law firm, Chan Neill Solicitors LLP regularly advises UK and international clients on commercial disputes, civil litigation, and court proceedings. Our experienced dispute resolution team provides strategic and commercially focused advice at every stage of a claim.

If you require advice on a dispute or have received court documents, please contact our team to discuss your matter.