STAEMENTS OF CASE, PRIVILEGE AND DISCLOSURE - STATEMENTS OF CASE(PLEADINGS Jacob\"The present importance of pleadings in Jacob The Reform of Civil

STAEMENTS OF CASE, PRIVILEGE AND DISCLOSURE - STATEMENTS OF...

This preview shows page 1 - 3 out of 13 pages.

STATEMENTS OF CASE (PLEADINGS) Jacob, "The present importance of pleadings" in Jacob, The Reform of Civil Procedural Law , (1982), 243; also in (1960), 23 C.L.P. 171. Still worth reading despite the many changes which have occurred since it was written. 1 Introduction Common law pleadings Pleadings under the R.S.C. (post 1875) `Notice' pleadings (US) Statements of case under the CPR “The basic purpose of pleadings is to enable the opposing party to know what case is being made in sufficient detail to enable that party properly to prepare to answer it. To my mind it seems that in recent years there has been a tendency to forget this basic purpose and to seek particularisation even when it is not really required. This is not only costly in itself, but is calculated to lead to delay and to interlocutory battles in which the parties and the court pore over endless pages of pleadings to see whether or not some particular point has or has not been raised or answered, when in truth each party knows perfectly well what case is made by the other and is able properly to prepare to deal with it.” (Per Saville L.J. in British Airways Pension Trustees Ltd. v. Sir Alfred McAlpine & Sons Ltd. (1994) 45 Con LR 1, 4) “The need for extensive pleadings including particulars should be reduced by the requirement that witness statements are now exchanged. In the majority of proceedings identification of the documents upon which a party relies, together with copies of that party’s witness statements, will make the detail of the nature of the case the other side has to meet obvious. This reduces the need for particulars in order to avoid being taken by surprise. This does not mean that pleadings are now superfluous. Pleadings are still required to mark out the parameters of the case that is being advanced by each party. In particular they are still critical to identify the issues and the extent of the dispute between the parties. What is important is that the pleadings should make clear the general nature of the case of the pleader. That is true both under the old rules and the new rules.” (Per Lord Woolf M.R. in McPhilemy v. Times Newspapers Ltd. [1999] 3 All E.R. 775 at 792). 2 The order of pleadings Particulars of Claim (Statement of Claim, Points of Claim) Defence (Points of Defence) [and Counterclaim] Reply [and Defence to Counterclaim] Also available under the RSC but now abolished: Rejoinder Surrejoinder 1
Image of page 1
Rebutter Surrebutter Under the CPR no statement of case subsequent to a Reply is permitted. 3 The new system There are four main differences between the new system and the old one: (1) Statements of case must be verified by a statement of truth. (2) A Defence must provide a comprehensive response to the particulars of claim; a simple denial of an allegation will not suffice.
Image of page 2
Image of page 3

You've reached the end of your free preview.

Want to read all 13 pages?

  • Fall '16
  • Martin Trybus
  • Law, The Land, Evidence law, Self-incrimination, Theft Act 1968, Crown Proceedings Act 1947, cpr r.

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes