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Civ Pro - General SoC & SoD
Terms in this set (17)
What rule provides for requirements of a statement of claim?
What rule provides for the requirements of a statement of defence
Per rule 5.26- what are the requirements of a statement of claim?
Must show: (a) the general nature of the plaintiff's claims to the relief sought;
(b) sufficient particulars of time, place, amounts, names of persons, nature and dates of instruments, and other circumstances to inform the court and the other party of the P's cause of action;
(c) the basis for any claim of interest and the rate claimed;
(d) if action is against the Crown, the particular government department or employee of the Crown concerned.
Per Rule 5.48 - what are the requirements of a statement of defence?
Must: (a) either admit or deny the allegations of fact in the statement of claim (but doesn't have to plead to those that don't affect them);
(b) denial must not be evasive and must be answered in substance;
(c) any allegation not denied is treated as being admitted;
(d) any affirmative defence must be pleaded; and
(e) sufficient particulars of time, place, amounts, namer of persons, nature and dates of instruments and any other circumstances sufficient to inform the court and parties of the defendant's defence.
What remedies are available to an opposing party where the pleadings have shortcoming?
Rule 5.21 - issue a notice requiring further particulars or more explicit pleading or seek strike out.
What are the objectives when drafting SoCs or SoDs?
1. For the parties to know the matters in dispute;
2. For the parties to know what facts will have to be proved at trial;
3. To focus the trial; and
4. To provide a record of the matters decided in the action.
What are a lawyers ethical obligations in the preparation of SoCs and SoDs?
Per Duncan Webb:
1. Duty to the court to draft documents in an accurate and clear manner;
2. Duty to ensure that the pleadings are supported by facts that they reasonably believe to be true and are reasonably arguable in law;
3. Duty to plead honestly; and
4. Duty to not pursue a case that is revealed to be hopeless.
What must a statement of claim achieve (+ case law that states this)?
Per McGechan J in Price Waterhous v Fortex, the statement of claim must 'state' the 'claim' so that (a) the court knows what to rule on; and (b) the defendant knows the case which must be met.
What factors govern a decision to plead more than one cause of action?
Rule 5.28 allows a plaintiff to plead more than one cause of action.
However, lawyers are advised not to do 'shot-gun' pleadings and all actions pursued should be legitimate.
What is the function of particulars?
Particulars are the details of the cause of action brought i.e. they are the material facts which a party to litigation alleges are true and which that party will seek to prove at trial. Particulars serve to inform the other side of the case to be met and to define the issues.
What rule provides for pleading multiple causes of action?
What rule provides for special damages?
How do the requirements for pleading claims for general damages and special damages differ from each other?
According to rule 5.33, a P seeking to recover special damages must state their nature, particulars and the amount in the statement of claim. Per Rule 5.31(1) then, it is not necessary to ask for general damages that the court may grant.
What is the difference between particulars and interrogatories?
Per Buckley LJ in GW Young v Scottish Union Insurance - particulars are given in order to make the plaintiffs case plan, interrogatories are to assist the other side in making out its case.
Rule for notice requiring further particulars or more explicit pleading?
Rules for needing to specify relief sought in SoC?
5.27 & 5.31
Rule for inclusion of several causes of action in SoC?
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