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MR ANDREW GREEN QC appeared on behalf of the Defendant
Crown Copyright ©
"(1) The court may at any time order a party to –
(a) clarify any matter which is in dispute in the proceedings; or
(b) give additional information in relation to any such matter,
whether or not the matter is contained or referred to in a statement of case."
"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."
"It will be observed that the emphasis, as always in the CPR, is on confining this part of any litigation (in which costs tended to get out of control in the pre-CPR regime) "strictly" to what is necessary and proportionate to the avoidance of disproportionate expense. Lord Woolf MR spoke trenchantly about the governing principles in his judgment in McPhilemy v Times Newspapers Ltd  3 All ER 775, pp 792-794."
"It is not part of the function of Part 18 to enable claimants to ask questions so as to elicit information which might give them claims against other defendants or, indeed, further separate claims against the defendants that have been sued. The claimant has to say what his claims are. If it wishes to ask questions by way of pre-action disclosure it would have to adduce evidence as to its reasons for thinking that there were in fact activities going on which were unlawful, which they could not easily discover without that information. That seems to be what counsel is asking for, but in my judgment is really outside the normal scope of Part 18. What he is doing is asking questions by issues which do not arise between the parties at this stage."
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