Principle

CIVIL PROCEDURE — Pleadings — Particulars of Negligence — Failure to Plead Specific Particulars Does Not Invalidate Claim Where Facts Are Clearly Averred

Area of law
CIVIL PROCEDURE
Court
Supreme Court

The rules of pleading require material facts, not evidence, to be pleaded. While many High Court (Civil Procedure) Rules mandate particulars of negligence be given where necessary, the law prioritizes substance over form. If the body of the statement of claim, read holistically, sets out…

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