Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 4 June 2020 at 05:41)
Part 15
Part 15 Particulars
Division 1 General
15.1   Pleadings must give all necessary particulars
(cf SCR Part 16, rules 1 and 1A; DCR Part 9, rule 19; LCR Part 8, rule 2)
(1)  Subject to this Part, a pleading must give such particulars of any claim, defence or other matter pleaded by the party as are necessary to enable the opposite party to identify the case that the pleading requires him or her to meet.
(2)  Subrule (1) does not require a pleading to give particulars of any claim for interest up to judgment other than those required by rule 6.12(7).
15.2   Use of “Scott Schedule” in building, technical and other cases
(cf DCR Part 9, rule 19A; LCR Part 8, rule 7)
(1)  In proceedings involving a building, technical or other matter in which several items of a claim are in dispute as to liability or amount, or both, the party making the claim may, and if the court so orders must, prepare and file a “Scott Schedule” in the approved form.
(2)  A party on whom a Scott Schedule is served must complete and file the Schedule.
15.3   Allegations of behaviour in the nature of fraud
(cf SCR Part 16, rule 2; DCR Part 9, rule 20)
A pleading must give particulars of any fraud, misrepresentation, breach of trust, wilful default or undue influence on which the party relies.
15.4   Allegations as to condition of mind
(cf SCR Part 16, rule 3; DCR Part 9, rule 21)
(1)  A pleading that alleges any condition of mind must give particulars of the facts on which the party pleading relies.
(2)  In subrule (1), condition of mind includes any disorder or disability of mind, any malice and any fraudulent intention, but does not include knowledge.
15.5   Allegations of negligence and breach of statutory duty in common law claims in tort
(cf SCR Part 16, rule 4; DCR Part 9, rule 22; LCR Part 8, rule 4)
(1)  The particulars to be given by a pleading that alleges negligence (whether contributory or otherwise)—
(a)  must state the facts and circumstances on which the party pleading relies as constituting the alleged negligent act or omission, and
(b)  if the party pleading alleges more than one negligent act or omission, must, so far as practicable, state separately the facts and circumstances on which the party relies in respect of each alleged negligent act or omission.
(2)  The particulars to be given by a pleading that alleges breach of statutory duty—
(a)  must state the facts and circumstances on which the party pleading relies as constituting the alleged breach of statutory duty, and
(b)  if the party pleading alleges more than one breach of statutory duty, must, so far as practicable, state separately the facts and circumstances on which the party relies in respect of each alleged breach of statutory duty.
15.6   Claims for out of pocket expenses
(cf SCR Part 16, rule 5; DCR Part 9, rule 23; LCR Part 8, rule 5)
A party pleading who claims damages that include money that he or she has paid or is liable to pay must give particulars of that money.
15.7   Claims for exemplary damages
(cf SCR Part 16, rule 5A)
The particulars to be given by a pleading that claims exemplary damages must state the facts and circumstances on which the party pleading relies to establish that claim.
15.8   Claims for aggravated damages
(cf SCR Part 16, rule 5B)
The particulars to be given by a pleading that claims aggravated compensatory damages must state the facts and circumstances on which the party pleading relies to establish that claim.
15.9   Manner of giving particulars
(cf SCR Part 16, rule 6; DCR Part 9, rule 25; LCR Part 8, rule 6)
The particulars to be given by a pleading must be set out in the pleading or, if that is inconvenient, must be set out in a separate document referred to in the pleading and filed with the pleading.
15.10   Order for particulars
(cf SCR Part 16, rule 7; DCR Part 9, rule 26; LCR Part 8, rule 8)
(1)  The court may order a party to file—
(a)  particulars of any claim, defence or other matter stated in the party’s pleading or in any affidavit relevant to the proceedings, or
(b)  a statement of the nature of the case on which the party relies, or
(c)  if the party claims damages, particulars relating to general or other damages.
(2)  Without limiting subrule (1), if a pleading alleges that a person had knowledge or notice of some fact, matter or thing, the court may order that party to file—
(a)  if the pleading alleges knowledge, particulars of the facts on which that party relies, and
(b)  if the pleading alleges notice, particulars of the notice.
15.11   Particulars concerning claims under Property (Relationships) Act 1984
The particulars to be given by a pleading with respect to a claim for relief under section 20(1) of the Property (Relationships) Act 1984 must include—
(a)  particulars of any payment on which the plaintiff relies as to any contribution referred to in that subsection, and
(b)  particulars of any document on which the plaintiff relies as evidence that any such payment has been made.
Division 2 Personal injury cases
15.12   Particulars required for proceedings generally
(cf DCR Part 9, rule 27(2)–(5))
(1)  This rule applies to a claim for damages in respect of personal injuries arising from any event (the accident), other than a claim that is the subject of proceedings under the Compensation to Relatives Act 1897.
(2)  On or as soon as practicable after serving the statement of claim, the plaintiff must serve on the defendant, or on the defendant’s insurer or solicitor, a statement accompanied by the following documents—
(a)  copies of all documents available to the plaintiff in support of a claim for special damage and economic loss, whether past, present or continuing, including—
(i)  hospital, medical and similar accounts, and
(ii)  letters from a workers’ compensation insurer indicating moneys paid to or for the plaintiff, and
(iii)  letters from employers, wage records, income records and group certificates, and
(iv)  reports, award rates and correspondence relied on to support any claim in respect of domestic assistance or attendant care,
(b)  copies of all hospital and medical reports available at the time of serving the statement on which the plaintiff intends to rely at the hearing.
(2A)  On or as soon as practicable after serving the statement required by subrule (2), the plaintiff must file a copy of that statement (without the accompanying documents required by this rule).
(3)  The statement must set out the following particulars—
(a)  particulars of injuries received,
(b)  particulars of continuing disabilities,
(c)  particulars of out-of-pocket expenses.
(4)  If the statement makes any claim in respect of domestic assistance or attendant care, it must also set out full particulars of the claim.
(5)  If the statement makes any claim in respect of loss of income, it must also set out the following particulars—
(a)  the name and address of each employer during the 12 months immediately before the accident, together with details of the periods of employment, capacity in which employed and net earnings during each period of employment,
(b)  the name and address of each employer since the accident, together with details of the periods of employment, capacity in which employed and net earnings during each period of employment,
(c)  the amount claimed in respect of loss of income to the date of the statement (by comparison between what the plaintiff has earned since the accident and what the plaintiff would have earned but for the accident) setting out, in respect of what the plaintiff would have earned but for the accident, including, where appropriate—
(i)  particulars of the earnings of comparable employees and the identity of those employees, or
(ii)  particulars of any payment that the plaintiff would have received under a relevant award or industrial agreement, together with the title of that award or industrial agreement,
(d)  particulars of any alleged loss of earning capacity and future economic loss,
(e)  if the plaintiff is self-employed or has been self-employed at any time during the 12 months immediately before the accident, such additional particulars as will achieve full disclosure of the basis of the claim for loss of income.
(6)  If the statement makes any claim in respect of loss of income, copies of the following documents must be served on all active parties—
(a)  a letter from the employer or employers (if any) of the plaintiff immediately before the accident the subject of the proceedings, providing particulars of—
(i)  the dates on which the plaintiff was absent from work due to the accident, and
(ii)  the total net remuneration lost by the plaintiff in respect of that absence, including overtime, and
(iii)  if the plaintiff returned to work for that employer, the plaintiff’s classification and duties, and any alteration in the remuneration paid to the plaintiff, after that return, and
(iv)  if that employment has been terminated, the date of and reason for the termination,
(b)  if the plaintiff was self-employed immediately before the accident, copies of any accountants’ reports or other documents on which the plaintiff intends to rely to establish his or her pre-accident income,
(c)  copies of the plaintiff’s income tax returns relating to income received during the period of 2 financial years ending immediately before the financial year that included the date of the accident, together with copies of any income tax returns lodged by the plaintiff since the date of the accident.
(7)  If any, or any part of, any document required to be served by subrule (6) cannot be served, a statement of the reasons why it cannot be served must be included in the documents served.
15.13   Particulars required for proceedings under Compensation to Relatives Act 1897
(cf DCR Part 9, rule 27(6) and (7))
(1)  This rule applies to a claim for damages in respect of personal injuries arising from any act, neglect or default (the accident) that is the subject of proceedings under the Compensation to Relatives Act 1897.
(2)  On or as soon as practicable after serving the statement of claim, the plaintiff must serve on the defendant, or on the defendant’s insurer or solicitor—
(a)  in respect of each person on whose behalf the proceedings are commenced, a statement containing the following information—
(i)  the person’s name, address, relationship to the deceased person the subject of the proceedings, marital status and any anticipated alteration to that status,
(ii)  whether the person’s dependency on the deceased person, or the person’s reliance on services provided by the deceased person, is claimed to have been whole or partial, the circumstances in which the person received support or services from the deceased person, and the quantum of that support or those services during the 12-month period immediately before the death of the deceased person, and
(b)  in respect of each person on whose behalf the proceedings are commenced, copies of the following documents—
(i)  a copy or extract of the person’s birth certificate and, if the person has been married, a copy of the person’s marriage certificate,
(ii)  copies of any bank statements, financial records or other documents on which the person intends to rely to establish the extent of the support and other benefits provided to the person by the deceased person, covering a period of not less than 12 months immediately before the date of the death of the deceased person, and
(c)  in respect of the deceased person, copies of the following documents—
(i)  a letter from the employer (if any) of the deceased person immediately before the accident, providing particulars of the deceased person’s remuneration and prospects of promotion at the date of his or her death,
(ii)  copies of the deceased person’s income tax returns relating to income received during the period of 2 financial years ending immediately before the financial year that included the date of his or her death,
(iii)  copies of all documents, including accounts and receipts, in support of any claim for the cost of a funeral or headstone or for any other expenses relating to the deceased person’s death,
(iv)  copies of documents evidencing the net value of the estate of the deceased person.
(3)  On or as soon as practicable after serving the statement required by subrule (2), the plaintiff must file a copy of that statement (without the other documents required to be served by this rule).
(4)  If any, or any part of, any document required to be served by subrule (2) cannot be served, a statement of the reasons why it cannot be served must be included in the documents served.
15.14   Statements, documents and reports to be complete
(cf DCR Part 9, rule 27(8)–(10))
(1)  The statement and documents required by rule 15.12 or 15.13 to be served—
(a)  must be as final and complete as to the plaintiff’s case as they can, with the exercise of reasonable diligence, be made, and
(b)  must contain such information as the plaintiff can then provide as to any medical examination of the plaintiff to be conducted after the date of service.
(2)  As soon as practicable after becoming aware that any information contained in a statement or document that has been served as required by rule 15.12 or 15.13 is no longer accurate and complete as regards the plaintiff’s claim, the plaintiff must give to all active parties such advice as is necessary to make that information accurate and complete.
(3)  If the plaintiff gives advice as referred to in subrule (2), the court may direct the plaintiff to file an amended statement of particulars.
(4)  Unless the court orders otherwise, the plaintiff must file a copy of the final statement of particulars at least 42 days prior to the date fixed for hearing or arbitration of the proceedings.
(5)  Subject to subrules (3) and (4), an amended statement of particulars may not be filed except by leave of the court.
15.15   (Repealed)
15.16   Effect of failure to comply with Division
(cf DCR Part 9, rule 27(11))
If, after conducting a review or status conference or otherwise, the court is of the opinion that the plaintiff has not sufficiently complied with the requirements of this Division, the court may dismiss the proceedings or make such other order as it thinks fit.
15.17   Division not to apply in certain circumstances
(cf DCR Part 9, rule 27(1))
This Division does not apply to a claim that is accompanied by—
(a)  a notice of motion seeking a separate trial on the question of liability, or
(b)  a notice of motion seeking an order to defer the application of this Division to the proceedings.
Division 3 Interim payments
15.18   Interim payments
(cf SCR Part 16, rule 8)
If an application for an order under section 82 of the Civil Procedure Act 2005 is made in any proceedings, the plaintiff must serve on the defendant against whom the order is sought, no later than the date of filing of notice of the motion—
(a)  if the application relates to a claim for damages in respect of personal injuries, the statement and documents referred to in rule 15.12, or
(b)  if the application relates to a claim for damages under the Compensation to Relatives Act 1897 that includes a claim for loss of maintenance and support, the statement and documents referred to in rule 15.13.
Division 4 Defamation
Note.
 The Defamation Act 2005 applies to the publication of defamatory matter after the commencement of that Act. The Act commenced on 1 January 2006. However, the Defamation Act 1974 (as in force before its repeal by the Defamation Act 2005) continues to apply to the following causes of action by virtue of clause 2 (Application of this Act) of Schedule 4 (Savings, transitional and other provisions) to the Defamation Act 2005
(a)  a cause of action for defamation that accrued before 1 January 2006,
(b)  a cause of action for defamation that accrued after the commencement of the Defamation Act 2005, but only if—
(i)  the action is raised in proceedings that include other causes of action that accrued before 1 January 2006, and
(ii)  the action accrued no later than 12 months after the earliest pre-1 January 2006 action accrued, and
(iii)  each action in the proceedings arose out of the publication of the same, or substantially the same, matter on different occasions.
Clause 2 of Schedule 4 to the Defamation Act 2005 also ensures that any other law (both legislative and common law) that would have applied to such causes of action but for the enactment of the new Act will continue to apply to such causes of action.
15.19   Particulars in relation to statements of claim for defamation
(cf SCR Part 67, rule 12; DCR Part 49, rule 11)
(1)  The particulars required by rule 15.1 in relation to a statement of claim seeking relief in relation to the publication of defamatory matter must include the following—
(a)  particulars of any publication on which the plaintiff relies to establish the cause of action, sufficient to enable the publication to be identified,
(b)  particulars of any publication, circulation or distribution of the matter complained of or copy of the matter complained of on which the plaintiff relies on the question of damages, sufficient to enable the publication, circulation or distribution to be identified,
(c)  if the plaintiff alleges that the matter complained of had a defamatory meaning other than its ordinary meaning—particulars of the facts and matters on which the plaintiff relies to establish that defamatory meaning, including—
(i)  full and complete particulars of the facts and matters relied on to establish a true innuendo, and
(ii)  by reference to name or class, the identity of those to whom those facts and matters were known,
(d)  if the plaintiff is not named in the matter complained of—particulars of identification of the plaintiff together with the identity, by reference to names and addresses or class of persons, of those to whom any such particulars were known, and
(e)  particulars of the part or parts of the matter complained of relied on by the plaintiff in support of each pleaded imputation.
(2)  Such of the following as is applicable must be filed and served with a statement of claim seeking relief in relation to the publication of defamatory matter (or any amended statement of claim) and be referred to in the statement of claim or amended statement of claim—
(a)  a legible photocopy of the original publication or, in the case of an internet, e-mail or other computer displayed publication, a printed copy,
(b)  a typescript, with numbered lines, of—
(i)  if the original publication is in English—the text of the original publication, or
(ii)  otherwise—a translation of the text of the original publication.
(3)  Subrule (2)(b) must be complied with in respect of radio and television publications.
15.20   Particulars in relation to statements of claim by corporations
The particulars required by rule 15.1 in relation to a statement of claim seeking relief in relation to the publication of defamatory matter about a corporation must include particulars of the facts, matters and circumstances on which the plaintiff relies to establish that the corporation is not precluded from asserting a cause of action for defamation.
Note.
 Subject to limited exceptions, corporations are precluded from bringing defamation proceedings—
(a)  in relation to causes of action to which the Defamation Act 1974 applies, by section 8A of that Act, and
(b)  in relation to causes of action to which the Defamation Act 2005 applies, by section 9 of that Act.
15.21   Particulars of defamation defences generally
(cf SCR Part 67, rule 18; DCR Part 49, rule 17)
(1)  The particulars of a defamation defence required by rule 15.1 must, unless the court orders otherwise, include particulars of the facts, matters and circumstances on which the defendant relies to establish—
(a)  that any imputation, notice, report, comment or other material was or related to a matter of public interest,
(b)  that any imputation was published under qualified privilege,
(c)  that any imputation or contextual imputation was true or was a matter of substantial truth,
(d)  that any material being proper material for comment was a matter of substantial truth.
(2)  If a defendant in proceedings for defamation intends to make a case in mitigation of damages by reference to—
(a)  the circumstances in which the publication complained of was made, or
(b)  the reputation of the plaintiff, or
(c)  any apology for, or explanation or correction or retraction of, any imputation complained of, or
(d)  any recovery, proceedings, receipt or agreement to which section 48 of the Defamation Act 1974 or section 38(1)(c), (d) or (e) of the Defamation Act 2005 applies,
the defendant must give particulars of the facts, matters and circumstances on which the defendant relies to make that case.
(3)  If a defendant in proceedings for defamation intends to show, in mitigation of damages, that any imputation complained of was true or was a matter of substantial truth, the defendant must give particulars identifying the imputation, stating that intention, and of the facts, matters and circumstances the defendant relies on to establish that the imputation was true or was a matter of substantial truth.
(4)  The particulars required by subrules (2) and (3) must be set out in the defence, or, if that is inconvenient, may be set out in a separate document, referred to in the defence and that document must be filed and served with the defence.
15.22   Particulars in relation to defence of justification
(1) Defence under section 15 of Defamation Act 1974 Without limiting rule 15.21, the particulars required by rule 15.1 for a defence under section 15(2) of the Defamation Act 1974 must (unless the court orders otherwise) include particulars of the facts, matters and circumstances on which the defendant relies to establish—
(a)  that the imputation in question was a matter of substantial truth, and
(b)  either—
(i)  that the imputation in question related to a matter of public interest, or
(ii)  that the imputation in question was published under qualified privilege.
Note.
 The defence of justification under section 15(2) of the Defamation Act 1974 applies to the exclusion of the common law defence of justification. See section 15(1) of the Defamation Act 1974.
(2) Defences under section 25 of Defamation Act 2005 and at common law Without limiting rule 15.21, the particulars required by rule 15.1 for a defence of justification under section 25 of the Defamation Act 2005 or at common law must (unless the court orders otherwise) include particulars of the facts, matters and circumstances on which the defendant relies to establish that the imputation in question was substantially true.
Note.
 The defence of justification under section 25 of the Defamation Act 2005 is in addition to, and does not vitiate, limit or abrogate, the common law defence of justification. See section 24(1) of the Defamation Act 2005.
15.23   Particulars in relation to the defence of contextual truth
(1) Defence under section 16 of Defamation Act 1974 Without limiting rule 15.21, the particulars required by rule 15.1 for a defence under section 16 of the Defamation Act 1974 must include particulars of the facts, matters and circumstances on which the defendant relies to establish—
(a)  that the imputation in question related to a matter of public interest or was published under qualified privilege, and
(b)  that the contextual imputations on which the defendant relies—
(i)  related to a matter of public interest or that they were published under qualified privilege, and
(ii)  are matters of substantial truth.
(2) Defence under section 26 of Defamation Act 2005 Without limiting rule 15.21, the particulars required by rule 15.1 for a defence of contextual truth under section 26 of the Defamation Act 2005 must include particulars of the facts, matters and circumstances on which the defendant relies to establish that the contextual imputations on which the defendant relies are substantially true.
15.24   Particulars in relation to defence of absolute privilege
(1)  This rule applies—
(a)  to a defence of absolute privilege under Division 3 of Part 3 of the Defamation Act 1974 or under section 27 of the Defamation Act 2005, and
(b)  to the defence of absolute privilege at common law.
(2)  Without limiting rule 15.21, the particulars required by rule 15.1 for a defence of absolute privilege to which this rule applies must include particulars of the facts, matters and circumstances on which the defendant relies to establish that the imputation or matter complained of was published under absolute privilege.
15.25   Particulars in relation to defences for publication of public and official documents
(1) Defence under section 25 of Defamation Act 1974 Without limiting rule 15.21, the particulars required by rule 15.1 for a defence under section 25 of the Defamation Act 1974 must include particulars of the facts, matters and circumstances on which the defendant relies to establish that the matter complained of was—
(a)  a document or record specified as a document or record to which that section applies or a copy of such a document or record, or
(b)  a fair extract or fair abstract from, or a fair summary of, such a document or record.
(2) Defence under section 27 of Defamation Act 1974 Without limiting rule 15.21, the particulars required by rule 15.1 for a defence under section 27 of the Defamation Act 1974 must include particulars of the facts, matters and circumstances on which the defendant relies to establish that the matter complained of was a notice published in accordance with the direction of a court.
(3) Defence under section 28 of Defamation Act 2005 Without limiting rule 15.21, the particulars required by rule 15.1 for a defence under section 28 of the Defamation Act 2005 must include particulars of the facts, matters and circumstances on which the defendant relies to establish that the matter complained of was contained in—
(a)  a public document or a fair copy of a public document, or
(b)  a fair summary of, or a fair extract from, a public document.
15.26   Particulars in relation to defences of fair report of proceedings of public concern
(1) Defences under section 24 of Defamation Act 1974 Without limiting rule 15.21, the particulars required by rule 15.1 for a defence under section 24 of the Defamation Act 1974 must include particulars of the facts, matters and circumstances on which the defendant relies to establish that—
(a)  the matter complained of was a fair protected report, or
(b)  the matter complained of was a later publication by the defendant of—
(i)  a protected report or a copy of the protected report, or a fair extract or fair abstract from, or fair summary of, a protected report that was previously published by another person, or
(ii)  material purporting to be a protected report or a copy of the protected report, or of a fair extract or fair abstract from, or fair summary of, material purporting to be a protected report that was previously published by another person,
and the defendant did not have knowledge that should have made the defendant aware that the protected report is not fair or the material purporting to be a protected report was not a protected report or is not fair.
(2) Defences under section 29 of Defamation Act 2005 Without limiting rule 15.21, the particulars required by rule 15.1 for a defence under section 29 of the Defamation Act 2005 must include particulars of the facts, matters and circumstances on which the defendant relies to establish that—
(a)  the matter complained of was, or was contained in, a fair report of any proceedings of public concern, or
(b)  the matter complained of—
(i)  was, or was contained in, an earlier published report of proceedings of public concern, and
(ii)  was, or was contained in, a fair copy of, a fair summary of, or a fair extract from, the earlier published report,
and the defendant had no knowledge that would reasonably make the defendant aware that the earlier published report was not fair.
15.27   Particulars in relation to defence of qualified privilege
(1)  This rule applies—
(a)  to a defence under Division 4 of Part 3 of the Defamation Act 1974 or section 30 of the Defamation Act 2005, and
(b)  to any other defence of qualified privilege other than any of the following—
(i)  a defence under Division 5, 6 or 7 of Part 3 of the Defamation Act 1974,
(ii)  a defence under section 28, 29 or 31 of the Defamation Act 2005,
(iii)  the defence of fair comment at common law.
(2)  Without limiting rule 15.21, the particulars required by rule 15.1 for a defence of qualified privilege to which this rule applies must include particulars of the facts, matters and circumstances on which the defendant relies to establish that the imputation or matter complained of was published under qualified privilege.
15.28   Particulars in relation to defences of comment and honest opinion
(cf SCR Part 67, rule 17(3)–(6); DCR Part 49, rule 16(3)–(6))
(1) Defences under Division 7 of Part 3 of Defamation Act 1974 Without limiting rule 15.21, the particulars required by rule 15.1 for a defence of comment under Division 7 of Part 3 of the Defamation Act 1974 must include—
(a)  particulars identifying the material on which it is alleged that the matter alleged to be comment was comment and identifying to what extent that material is alleged to be proper material for comment, and
(b)  as to material alleged to be proper material for comment, particulars of the facts, matters and circumstances on which the defendant relies to establish that allegation.
(c)  if the defendant relies on a defence under section 33 of that Act—particulars identifying the servant or agent of the defendant whose comment it is alleged to be.
Note.
 A defence of fair comment under Division 7 of Part 3 of the Defamation Act 1974 applies to the exclusion of the common law defence of fair comment. See section 29 of the Defamation Act 1974.
(2) Defences under section 31 of Defamation Act 2005 Without limiting rule 15.21, the particulars required by rule 15.1 for a defence of honest opinion under section 31 of the Defamation Act 2005 must include—
(a)  particulars identifying the material on which it is alleged that the matter alleged to be an opinion was an opinion and identifying to what extent that material is alleged to be proper material, and
(b)  as to material alleged to be proper material, particulars of the facts, matters and circumstances on which the defendant relies to establish that allegation, and
(c)  if the defendant relies on a defence under section 31(2) of that Act—particulars identifying the employee or agent of the defendant whose opinion it is alleged to be, and
(d)  if the defendant relies on a defence under section 31(3) of that Act—particulars identifying the commentator whose opinion it is alleged to be.
Note.
 A defence of honest opinion under section 31 of the Defamation Act 2005 is in addition to, and does not vitiate, limit or abrogate, the common law defence of fair comment. See section 24(1) of the Defamation Act 2005.
(3) Defence of fair comment at common law Without limiting rule 15.21, the particulars required by rule 15.1 for a defence of fair comment at common law must include—
(a)  particulars identifying the material on which it is alleged that the matter alleged to be comment was comment and identifying to what extent that material is alleged to be based on true facts or material that was published under privilege, and
(b)  as to material alleged to be true facts or material that was published under privilege, particulars of the facts, matters and circumstances on which the defendant relies to establish that allegation.
Note.
 See note to subrule (2).
15.29   Particulars in relation to defence of innocent dissemination
Without limiting rule 15.21, the particulars required by rule 15.1 for a defence under section 32 of the Defamation Act 2005 must include particulars of the facts, matters and circumstances on which the defendant relies to establish that—
(a)  the defendant published the matter complained of merely in the capacity, or as an employee or agent, of a subordinate distributor, and
(b)  the defendant neither knew, nor ought reasonably to have known, that the matter was defamatory, and
(c)  the defendant’s lack of knowledge was not due to any negligence on the part of the defendant.
15.30   Particulars in relation to defence of triviality
(1)  This rule applies to—
(a)  a defence under section 13 of the Defamation Act 1974, and
(b)  a defence under section 33 of the Defamation Act 2005.
(2)  Without limiting rule 15.21, the particulars required by rule 15.1 for a defence to which this rule applies must include particulars of the facts, matters and circumstances on which the defendant relies to establish that the circumstances of publication of the matter complained of were such that the plaintiff was unlikely to sustain any harm.
15.31   Particulars concerning grounds that defeat defamation defences
(cf SCR Part 67, rule 19(1); DCR Part 49, rule 18)
(1)  If a plaintiff intends to meet any defamation defence—
(a)  by alleging that the defendant was actuated by express malice in the publication of the matter complained of, or
(b)  by relying on any matter which, under the Defamation Act 1974 or the Defamation Act 2005, defeats the defence,
then the particulars required by rule 15.1 in relation to the reply must include particulars of the facts, matters and circumstances on which the plaintiff relies to establish that allegation or matter of defeasance.
(2)  The particulars required by subrule (1) must be set out in the reply, or, if that is inconvenient, may be set out in a separate document, referred to in the reply, and that document must be filed and served with the reply.
15.32   Particulars concerning damages
(cf SCR Part 67, rule 19(2) and (3); DCR Part 49, rule 18)
The plaintiff must give—
(a)  particulars of facts, matters and circumstances on which the plaintiff will rely in support of a claim for aggravated damages, and
(b)  particulars of any claim the plaintiff makes by way of—
(i)  special damages, or
(ii)  any claim for general loss of business or custom.