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Proposal 12
Rules should be adopted to establish a power to require clarification of and information on
pleadings, exercisable by the court of its own motion or on application by a party, in
accordance with the principles contained in the overriding objective.
The court should have power to require, of its own motion and in such manner as it sees fit,
any party or parties to particularise or amend their pleadings where clarification is necessary
for disposing fairly of the cause or matter or for saving costs.
The existing rule should be amended to make it clear that a court will only order delivery of
further and better particulars where such order is necessary for disposing fairly of the matter
or for saving costs.
Voluntary particulars should be required to be verified by a statement of truth.
Proposal 13
Rules making it more difficult to amend with a view to encouraging carefully prepared
statements of case early in the proceedings should be adopted.
Proposal 13 (for introducing rules making it more difficult to amend pleadings) should not
be adopted.
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