Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 4 June 2020 at 05:44)
Part 15 Division 1
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.