Not a suitable matter for particulars?

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  • FOIL
  • FOIL Ireland

Order 19 of the Rules of the Superior Courts gives the parties to litigation the right to seek a further and better statement of the claim made against them. However, the rules do not specify what a party is entitled to and it has been left to the courts to decide what particulars one party may obtain from the other. The principles are essentially the same, irrespective of the nature and complexity of the claim. First, are the issues between the parties adequately defined; and secondly do the parties know in broad outline what is going to be said at the trial of the action?

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