A few notes about Part 18 requests.
Part 18 requests cannot be used on the small claims track.
Cases are allocated to a track AFTER the allocation questionnaires are sent back
So a Part 18 request can only be done in the time from receiving the summons to sending back the Allocation Questionnaire
A part 18 request must follow a prescribed form (use my standard one which has all the right terms in).
A Part 18 request must give a timeframe or date by which a response should be received.
If a response is not received or is inadequate then an application must be filed in court to MAKE RTA, or other business agents, answer the questions
Only a court can decide if RTA(or another business sale agent) should answer the questions..
Here is the Part 18 info:
Requests for Further Information – CPR Part 18
Introduction
During the pre-trial stage of litigation proceedings, a party may sometimes take the view that the statement of case provided by the other party provides insufficient information about the nature of the claim or the defence.
In such circumstances a formal request may be made to the other party to either clarify which is in dispute in the proceedings or give additional information in relation to any such matter. Such a request can be made pursuant to a court order.
Generally a Part 18 Request (so called because of the Civil Procedure Rule governing its use) will be made shortly after the relevant statement of case is served.
Part 18 Requests are commonly used to obtain admissions; to reveal weaknesses in the other party’s case; to obtain information as to material facts which the applicant needs to prove in support of his case; to ascertain details of aspects of the other party’s case to reduce the element of surprise when witness statements are exchanged or at trial; to obtain clarification of the other party’s case and to limit the other party’s ability to depart from the clarified case; or to narrow the issues between the parties and reduce the expense and length of the trial.
Below is a template of a letter you could send requesting Part 18 info:
Your correspondence address goes here
?? Month 20??
By ‘Signed For’ Recorded Delivery
Legal Department, RTA (Business Consultants) Limited
Discovery House
Crossley Road
Stockport SK4 5BH
Ref : RTA (Business Consultants) Limited vs Mr …. and Ms xxxxClaim No :123xxx whatever in the xxxxxx County Court
Dear Sir or Madam
REQUEST MADE UNDER CPR PART 18
Please provide me with the following information
- Please provide a declaration of which clause(s) of the Agreement you are relying on and why.
[you won’t need the above if RTA quoted the clauses in your particulars of claim]
- Please provide the name of your Field Sales Agent who you instructed to undertake the visit to t the premises of xxxxx at xxxx
- Please also provide details of your agent’s experience and/or relevant qualifications in the valuation of businesses. If you are relying on knowledge rather than relevant qualifications, please provide a list of business that your agent has valued over the last 3 years (or the 3 years preceding his departure if he has already left your employ), the initial valuation, whether those businesses have resulted in a sale to a buyer introduced by RTA, and what the eventual selling price.
- Please provide proof of all advertising undertaken by yourselves in the period from xxx 201x until [date before you cancelled. Advertisement proofs would be preferable. Alternatively, third party invoices will suffice.
- Please provide proof of the identity of [name of person] who signed the document provided by the Salesperson.
PLEASE TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU.
Yours faithfully
[Sign in blue pen]
Mr/ Ms [Print Firstname and Surname]
