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Section 9:
Pleadings
The Interim Report identified various ways in which pleadings commonly fail to
perform their intended function of promoting fair and efficient litigation.
It raised
for discussion the introduction of reforms with four main thrusts :-
(a)
a rule requiring pleadings to comprise a concise statement of the nature of the
case and the facts relied on;
(b)
a rule requiring substantive defences to be pleaded;
(c)
a rule requiring pleadings to be verified as true;
(d)
a rule providing for proactive judicial scrutiny of pleadings for their
sufficiency.
The Interim Report also discussed the possibility of making it more difficult to obtain
leave to amend pleadings
and of providing that further and better particulars should
be refused if the request is disproportionate.
Those responding to the consultation generally acknowledged that pleadings were
often unsatisfactory and that there was a need for improvement. However, different
views were expressed in relation to the various proposals discussed in the Interim
Report.
Notes
Interim Report §§284-287.
Proposal 9.
Proposal 10.
Proposal 11.
Proposal 12.
Proposal 13.
As part of Proposal 12.
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