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Matt J
Matt J, Solicitor
Category: UK Property Law
Satisfied Customers: 671
Experience:  LLB(HONS)
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Im involved in a small claims as a claimant. Ive made

This answer was rated:

I'm involved in a small claims as a claimant.

I've made a Part 18 request for information.

The request is for information which should be freely available. i.e. how an agent references its prospective tenants - the methodology used (financial criteria etc.)

They say this is a witness statement and should come later.

I do not agree.

Whats the ruling on Part 18 requests? Should the defendant provide this information.

If they don't what is the next step? Can I apply to the court for them to do so?

Matt J :

Hi I will try and help

Matt J :

Part 18 of the CPR do not apply to Small claims court matters. You cannot therefore make an application to the small claims court to make an order for this.

Matt J :

Please note Part 27.2 (f)

Matt J :

However as you will see from 27.2(3) the Court can requests this of its own initiative

Matt J :

so you could chance it and writing to the court and pointing this out, and ask the judge if he would consider making an order

Matt J :

by as I say he has no obligation to do so

Matt J :

I trust this helps. if you have any follow up questions then by all means ask. If not please leave positive feedback if you would so I can be paid for my advice

Customer:

So if the defendant also requests a part 18 do I have to reply?

Customer:

Also - I'm asking for basic information - they should reply, yes? Or is this a tactic on their behalf not to repsond to a later date.

Customer:

?

Matt J :

No you don't, same rules apply. However again the Court may make the order of its own volition

Matt J :

I think it is more of a tactic. they don't have to reply but you may remind them they do have to comply with the overriding objective which is

Matt J :

1.1


(1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost.


(2) Dealing with a case justly and at proportionate cost includes, so far as is practicable –


(a) ensuring that the parties are on an equal footing;


(b) saving expense;


(c) dealing with the case in ways which are proportionate –


(i) to the amount of money involved;


(ii) to the importance of the case;


(iii) to the complexity of the issues; and


(iv) to the financial position of each party;


(d) ensuring that it is dealt with expeditiously and fairly;


(e) allotting to it an appropriate share of the court’s resources, while taking into account the need to allot resources to other cases; and


(f) enforcing compliance with rules, practice directions and orders.

Matt J :

does this help further

Matt J :

?

Customer:

thanks last question.

Customer:

i expect them to reply to my part 18 - is there any reason for me to reply to them?

Customer:

ie citing that smalls claims there is no part 18

Customer:

?

Matt J :

well I suppose that if you were to then wait until you have your reply! The botXXXXX XXXXXne is the rule doesn't apply to small claims matter. Just because they have replied to you doesn't mean you have to reply to them. however they may try and score a point off you at trial, or they may refer to you not complying with the overriding objective later down the line in any question of conduct. it is a matter for you to see if you wish to play to tactics.

Customer:

Thanks. Agreed. I will rate you now.

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