UCPR Rules 3 (Pleadings) (160-171)

Question 1

Rule 160

Answer 1

Way to give particulars

(1)If rules 157 to 159 require particulars to be given, the particulars must be stated in the pleading or, if that is inconvenient, in a separate document mentioned in, and filed and served with, the pleading.

(2)Further particulars may be given by correspondence.

(3)A party giving further particulars must file a copy of the particulars.

Question 2

Rule 161

Answer 2

Application for order for particulars

(1)A party may apply to the court for an order for further and better particulars of the opposite party’s pleading.
Note—

Chapter 11 (Evidence), part 8 (Exchange of correspondence instead of affidavit evidence) applies to an application under this part. Note, particularly, rule 447 (Application to court).

(2)The court may, on an application under subrule (1), make the consequential orders and give the directions for the conduct of the proceeding the court considers appropriate.

(3)The making of an application under this rule does not extend the time for pleading.

(4)Particulars required under an order under this rule must repeat the relevant part of the order so the particulars are self-explanatory.

Question 3

Rule 162

Answer 3

Striking out particulars

(1)This rule applies if a particular—
(a)has a tendency to prejudice or delay the fair trial of the proceeding; or
(b)is unnecessary or scandalous; or
(c)is frivolous or vexatious; or
(d)is otherwise an abuse of the process of the court.

(2)The court, at any stage of the proceeding, may strike out the particular and order the costs of the application to be paid on the indemnity basis.

(3)On the hearing of an application under subrule (2), the court is not limited to receiving evidence about the particular.

Question 4

Rule 163

Answer 4

Failure to give particulars

If a party does not comply with an order made under rule 161, the court may make the order, including a judgment, it considers appropriate.

Question 5

Rule 164

Answer 5

Time for serving answer to counterclaim and reply

(1)Unless the court orders otherwise, any answer to counterclaim must be filed and served within—
(a)14 days after the day the counterclaim is served; or
(b)if the defendant to the counterclaim is not a party to the original proceeding, 28 days after the day the counterclaim is served.

(2)Unless the court orders otherwise, any reply must be filed and served within 14 days after the day of the service of the defence or answer to counterclaim.

Question 6

Rule 165

Answer 6

Answering pleadings

(1)A party may, in response to a pleading, plead a denial, a non-admission, an admission or another matter.

(2)A party who pleads a non-admission may not give or call evidence in relation to a fact not admitted, unless the evidence relates to another part of the party’s pleading.

Question 7

Rule 166

Answer 7

Denials and non-admissions

(1)An allegation of fact made by a party in a pleading is taken to be admitted by an opposite party required to plead to the pleading unless—
(a)the allegation is denied or stated to be not admitted by the opposite party in a pleading; or
(b)rule 168 applies.

(2)However, there is no admission under subrule (1) because of a failure to plead by a party who is, or was at the time of the failure to plead, a person under a legal incapacity.

(3)A party may plead a non-admission only if—
(a)the party has made inquiries to find out whether the allegation is true or untrue; and
(b)the inquiries for an allegation are reasonable having regard to the time limited for filing and serving the defence or other pleading in which the denial or non-admission of the allegation is contained; and
(c)the party remains uncertain as to the truth or falsity of the allegation.

(4)A party’s denial or non-admission of an allegation of fact must be accompanied by a direct explanation for the party’s belief that the allegation is untrue or can not be admitted.

(5)If a party’s denial or non-admission of an allegation does not comply with subrule (4), the party is taken to have admitted the allegation.

(6)A party making a non-admission remains obliged to make any further inquiries that may become reasonable and, if the results of the inquiries make possible the admission or denial of an allegation, to amend the pleading appropriately.

(7)A denial contained in the same paragraph as other denials is sufficient if it is a specific denial of the allegation in response to which it is pleaded.

Question 8

Rule 167

Answer 8

Unreasonable denials and non-admissions

If the court considers an allegation of fact denied or not admitted should have been admitted, the court may order the party who denied or did not admit the allegation to pay additional costs caused by the denial or non-admission.

Question 9

Rule 168

Answer 9

Implied non-admission

(1)Every allegation of fact made in the last pleading filed and served before the pleadings close is taken to be the subject of a non-admission and rule 165(2) then applies.

(2)However, nothing in these rules prevents a party at any time admitting an allegation contained in a pleading.

Question 10

Rule 171

Answer 10

Striking out pleadings

(1)This rule applies if a pleading or part of a pleading—
(a)discloses no reasonable cause of action or defence; or
(b)has a tendency to prejudice or delay the fair trial of the proceeding; or
(c)is unnecessary or scandalous; or
(d)is frivolous or vexatious; or
(e)is otherwise an abuse of the process of the court.

(2)The court, at any stage of the proceeding, may strike out all or part of the pleading and order the costs of the application to be paid by a party calculated on the indemnity basis.

(3)On the hearing of an application under subrule (2), the court is not limited to receiving evidence about the pleading.