Identify four (4) significant shortcomings with respect to particulars in the Statement of Claim. Explain fully:

(a) Each of the particulars you are specifically seeking.

(b) How those particulars will assist your client in defending the action.

(c) How you would seek to obtain those particulars.

(d) The advice you would give your client in relation to the steps that should be taken if those particulars you are seeking are not received. (15 marks)

Question 4

The additional particulars you sought on behalf of your client in the previous question 3 have not been provided by the plaintiff despite the efforts you have taken. It is now, through the application of the UCPR that you will seek an Order of the Court to obtain the additional particulars.

(a) Draft an Application for Further and Better Particulars. Please do not worry about formatting footers, just put a line across the page and put the information below the line that goes in the footer. You will not be penalised for formatting errors, it is the content of what you include in the draft that is marked. Also, there is no need to include in your Application all of the formal, standard text that would be included in this document – you can do this by reference to these. (6 marks)

(b) Advise what other documents will be needed in obtaining the Order you are seeking. (3 marks)