ROYAL COURT OF
- This Practice Direction concerns
Rule 6/15 and the power permitting the Royal Court to require a party to
either clarify any matter in dispute in the proceedings or to give
- Rule 6/15 replaces
previous more limited powers to request particulars of a pleading, a
statement of a party’s case or information by way of interrogatories.
- Rule 6/15 can also be
used to require a plaintiff to set out as far as possible the amount of damages
claimed, if it has not already done so.
- Before making an
application to the Court for an order under Rule 6/15 a written request
for the information sought, (‘the Request”) should be served on the other
party stating a date by which the response to the Request should be
provided. The Request must allow the other party a reasonable time to
- The Request should be
concise and should only relate to matters that are reasonably necessary
and proportionate for a requesting party to prepare its own case, or to
understand the case it has to meet.
- As far as possible all Requests
should be made in a single document.
- The Request may be made
in any written form provided it is clear that if the Request is not
answered an application may be made under Rule 6/15.
- The Request should be
separate from any other correspondence between the parties.
- Any response to the Request
should as far as possible be made in the same format as the Request is
received and should include the text of the Request.
- The response should make
it clear it is a response to the Request and should deal with no other
matters than the Request.
- If the party responding
refuses to agree to respond to the Request, the responding party must give
full reasons for its refusal.
- If a party intends to provide
the information requested but is unable to do so within the timeframe
stated in the Request, the response should set out the reasons for needing
more time and the date by which the other party intends to provide the
- The response to the Request
must be served on the other parties and filed with the Judicial Greffe.
- If no response to the Request
is received within the timeframe stipulated the party making the Request may
make an application to the Court to require the other party to comply with
- Where an application is
made to the Court all parties shall consider whether evidence in support
of or in opposition to the application is required. The applicant’s evidence shall be served
at the same time as the application is issued. Any evidence in opposition shall be
served a reasonable time in advance of the hearing. What is reasonable will be determined with
reference to the overriding objective.
direction shall come into force on 1st June 2017
Page Last Updated: 07 Apr 2017