Particulars of case

pirelli

In case where you are the plaintiff suing for damages is it better to give as much information as possible in your particulars or is better to hold back as much as possible.

I personally would think it better to give as much information as possible. A solicitor wishes to hold back as much information as possible.

Why would he do this. Is part of the legal process to generate costs or is it actually better to withold most of the evidence and just hint at it because Perhaps they would offer a generous settlement outright if they saw some of the harder evidence. I was thinking They might not offer any settlement if the particulars are vague.

What do you fellows think?

Tom Young

Actually that is a common misconception.

The Statement of Claim and Defence/Counterclaim are capable of being particularised further than the base information that may be set out in either the Statement of Claim and Defence/Counterclaim.

Order 19 of the Rules of the Superior Courts governs this.

It is not the case that a solicitor wishes to hold back information. The facts of a case are set out. In certain instances particulars assist the Plaintiff or Defendant in terms of further data to enable them to know the nature of the case they are to meet. This is not meant to ratchet up costs as you assume.

Particulars are not examinations on fact or matters for evidence but are further data relevant and requested and in many cases required in order to know the case you must meet.

Tom

PS: If this thread goes like the forensic thread I will close it.

pirelli

Would it better serve the plaintiff if he/she was to give as much data in the particulars as possible to the defence?

It was the with holding of some additonal data from the particualrs that makes me wonder if this is a mehcanism to drag out correspondance and hence ratchet costs.

I would thought the more data you can give the defence the better just to be clear in the event they think it is an easy case to fight when it isn't.

Tom Young

Often the Defendant raises the Notice for Particulars. Either party can. Though it is more common that a Defence and Notice for Particulars would travel in relative sequence.

Reloc8

It depends on the specific details of the case in question.

drkpower

Reloc8 wrote: »

It depends on the specific details of the case in question.

+1 (and this is the answer to almost every question on the legal forum!)

If you have the best case you ever had, get all the info out there in a show of strength that wil encourage the Defendant to cut his losses and make an early setlement.

Sometimes a Plaintiff may have a particular aspect of his case which has an inherent weakness; in such cases, perhaps it is better to leave certain particulars vague or absent.

All depends on the case, but also on your knowledge of the other set of solicitors, and how they usually manage and investigate claims, and various other factors.