Further information required

[bentls00]

Does the below letter make sense, its an outstanding invoice on building works

In order to defend Claim Number could the Claimant provideDescription of Works broken down by Materials and Labour on invoice numbers as detailed in the Particulars of Claim. It would also be prudent ifthe Claimant could provide the same information for invoice numbers within 14 days failing which to make application to count foramended particulars of claim.

We would therefore request an agreement of extension of time to file thedefence 28 days after service of furtherinformation.

[Ripped-Off]

Re: Further information required

Shouldn't this information have been requested before it got to the stage of a Particulars of Claim?

The information you have requested comes under the disclosure rules of the CPR. If they fail to disclose the information they cannot rely on it in Court. If they fail to provide the information tell them you will apply for the claim to be struck out for lack of evidence or seek cost sanctions based on a refusal to cooperate.

Reference to CPR31, particularly 31.16 may also help in terms of time limits and other matters.

[bentls00]

Re: Further information required

Shouldn't this information have been requested before it got to the stage of a Particulars of Claim?

The information you have requested comes under the disclosure rules of the CPR. If they fail to disclose the information they cannot rely on it in Court. If they fail to provide the information tell them you will apply for the claim to be struck out for lack of evidence or seek cost sanctions based on a refusal to cooperate.

Reference to CPR31, particularly 31.16 may also help in terms of time limits and other matters.

thanks, would the information requested come under disclosure. It is part of my defence to find out further details of the invoice, what materials are used, labour costs not just a lump sum this would assist with my defence and counterclaim. would the claimant have to provide this information and amend the particulars of claim

[Ripped-Off]

Re: Further information required

Yes it can be part of your defence, but this is something that ought to have been raised when you were in dispute, before the PoC was issued. I suppose it doesn't really matter now.

As I mentioned in a different thread, you should state that the Claimant is put to strict proof as to the cost incurred. You can then elaborate by stating that the Claimant should either send these to you now as part of the pre-disclosure process or you will rely on the lack of evidence and co-operation to justify the costs incurred if a hearing is convened. In any event if they want to rely on invoices they should send them now or at the exchange of documents deadline.