CPR 31.14 or CPR 18

[jon1965]

When a claim has been received that will be small claims (in all likelihood) what is the difference/benefit to sending a CPR 31.14 request for documents as opposed to a CPR 18 request.
Clearly the usual suspects say they do not need to comply with 31.14, can they do the same with 18

Is it more complicated than that?

[FlamingParrot]

Re: CPR 31.14 or CPR 18

When a claim has been received that will be small claims (in all likelihood) what is the difference/benefit to sending a CPR 31.14 request for documents as opposed to a CPR 18 request.

The two are substantially different and not mutually exclusive, you could send both. Rule 31.14 refers only to documents and only those mentioned in the particulars of claim, so you can't ask for anything else.

This is rule 31.14: https://www.justice.gov.uk/courts/pr...s/part31#31.14

Documents referred to in statements of case etc.
31.14
(1) A party may inspect a document mentioned in –
(a) a statement of case;
(b) a witness statement;
(c) a witness summary; or

Part 18 is to ask for information rather than documents as such (although documents may provide you with the information). One example is to ask for the date of last payment, which wouldn't be found in any of the documents you'd find mentioned on the PoCs, which are usually just the agreement, the assignment and the DN, occasionally 'termination', but that's about it.

This is PD 18: https://www.justice.gov.uk/courts/pr...rt18/pd_part18

1.1 Before making an application to the court for an order under Part 18, the party seeking clarification or information (the first party) should first serve on the party from whom it is sought (the second party) a written request for that clarification or information (a Request) stating a date by which the response to the Request should be served. The date must allow the second party a reasonable time to respond.
1.2 A Request should be concise and strictly confined to matters which are reasonably necessary and proportionate to enable the first party to prepare his own case or to understand the case he has to meet.

Both requests can be enforced using an unless order, if you don't mind paying for it. There used to be a lot more of them used on here a year or so ago and some yielded quite good results, if they couldn't provide the documents the case was struck out as opposed to being dragged out to end up stayed for ages, however, some OPs came across unfriendly judges. As with everything, there's more than one way to skin a cat and generic defences - v - unless orders would be the subject of a number of discussion threads no doubt. :decision: The value of the claim is also a factor, hardly worth doing an unless order for a few hundred quid on an O/D or mobile contract but worth considering if we're talking higher $um$. :grin:

Clearly the usual suspects say they do not need to comply with 31.14, can they do the same with 18

Is it more complicated than that?

Yes, they can say the same about a Part 18 request because neither part applies to small claims. The idea is that small claims should be quick and cheap for all parties to deal with so the process is a cut down version of the fast-track and multi-track process: https://www.justice.gov.uk/courts/pr...es/part27#27.2

Extent to which other Parts apply

27.2
(1) The following Parts of these Rules do not apply to small claims –
(a) Part 25 (interim remedies) except as it relates to interim injunctions^(GL);
(b) Part 31 (disclosure and inspection);
(c) Part 32 (evidence) except rule 32.1 (power of court to control evidence);
(d) Part 33 (miscellaneous rules about evidence);
(e) Part 35 (experts and assessors) except rules 35.1 (duty to restrict expert evidence), 35.3 (experts – overriding duty to the court), 35.7 (court’s power to direct that evidence is to be given by single joint expert) and 35.8 (instructions to a single joint expert);
(f) Subject to paragraph (3), Part 18 (further information);

In case you're wondering, here's paragraph (3):

(3) The court of its own initiative may order a party to provide further information if it considers it appropriate to do so.

[jon1965]

Re: CPR 31.14 or CPR 18

Thanks FP. Explains it well, I have been reading some horrific defenses on a site.

[MissFM]

Re: CPR 31.14 or CPR 18

That's one reason I love this forum :wub: - you learn stuff you didn't even know you didn't know! x