Further and better particulars
- Further and better particulars
In pleading, further and better particulars refers to additional information required to provide sufficient accuracy with respect to a set of pleaded facts in an earlier document. The party who believes that the facts are insufficiently pleaded will issue a "request for further and better particulars" of the relevant document. An insufficiently pleaded allegation would otherwise cause difficulty to reply to.
An example of an insufficiently particularised allegation in a pleading might be:
*"Between the months of June and August, the Plaintiff repeatedly complained to members of the Defendant's family that the Defendant's family's dogs were trespassing on his property."
If the Defendant was aware of only two complaints that the Plaintiff had made to his wife, which related to a dog otherwise unconnected with the law suit, the Defendant would be very unwise to admit the allegation. Similarly, to either "not admit" or deny the allegation would invite a finding against himself on that point, and may lead to an award of costs. Accordingly, the Defendant could reasonably ask for the allegation to be better particularised so that he may plead to it properly.
A request for further and better particulars of the example above might read:
*"Of "Between the months of June and August, the Plaintiff repeatedly complained to members of the Defendant's family that the Defendant's family's dogs were trespassing on his property", please state::# On how many occasions the Plaintiff alleges he complained as aforesaid;:# When, during the months of June, July and August, the complaints were alleged to have been made;:# Whether the complaints were made alleged to have been made orally, in writing or otherwise;:# To which members of the Plaintiff's family the complaints are alleged to have been made; and:# Whether the Plaintiff avers that the complaints (or any of them) were made with respect to the dog which the Plaintiff alleges bit him.
If the respondent to the request believes that the allegation was sufficiently particularised, and that the requesting party is simply fishing for more information or just being difficult, they would issue a short reply: "Not entitled" or "Sufficiently pleaded".
Requests for further and better particulars are sometimes confused with interrogatories. However, requests for further and better particulars relate to pleadings (which define the issues), and interrogatories relate to evidence (which proves or disproves pleaded allegations).
Wikimedia Foundation.
2010.
Look at other dictionaries:
further and better particulars — (FBPs) A procedure whereby a party to a claim in a court or tribunal can request additional information about the other party s claim or defence. In the context of employment law there is no specified format in which this must be done, however,… … Law dictionary
Aristotle’s logic and metaphysics — Alan Code PART 1: LOGICAL WORKS OVERVIEW OF ARISTOTLE’S LOGIC The Aristotelian logical works are referred to collectively using the Greek term ‘Organon’. This is a reflection of the idea that logic is a tool or instrument of, though not… … History of philosophy
Seventeenth-century materialism: Gassendi and Hobbes — T.Sorell In the English speaking world Pierre Gassendi is probably best known as the author of a set of Objections to Descartes’s Meditations. These Objections, the fifth of seven sets collected by Mersenne, are relatively long and full, and… … History of philosophy
Aristotle: Aesthetics and philosophy of mind — David Gallop AESTHETICS Aesthetics, as that field is now understood, does not form the subjectmatter of any single Aristotelian work. No treatise is devoted to such topics as the essential nature of a work of art, the function of art in general,… … History of philosophy
Bacon (Francis) and man’s two-faced kingdom — Francis Bacon and man’s two faced kingdom Antonio Pérez Ramos Two closely related but distinct tenets about Bacon’s philosophy have been all but rejected by contemporary historiography. The first is Bacon’s attachment to the so called British… … History of philosophy
Mill, John Stuart: Logic and metaphysics — J.S.Mill Logic and metaphysics John Skorupski ENLIGHTENMENT AND ROMANTICISM IN MILL’S PHILOSOPHY Mill’s importance as one of the major figures of nineteenth century politics and culture, and the current interest in him as a moral and political… … History of philosophy
PROPHETS AND PROPHECY — This article is arranged according to the following outline: in the bible classifications nature of prophecy origin and function dreams divination pre classical prophets terminology group prophecy ecstasy group life of prophets role in society… … Encyclopedia of Judaism
Spinoza: the moral and political philosophy — The moral and political philosophy of Spinoza Hans W.Blom Spinoza as a moral and political philosopher was the proponent of a radical and extremely consistent version of seventeenth century Dutch naturalism. As a consequence of the burgeoning… … History of philosophy
PRACTICE AND PROCEDURE — CIVIL Court Sessions The courts of three (judges) exercising jurisdiction in civil matters (see bet din ) held their sessions during the day, but – following Jethro s advice to Moses that judges should be available at all times (Ex. 18:22) – they … Encyclopedia of Judaism
Opening of the Liverpool and Manchester Railway — The Duke of Wellington s train and other locomotives being readied for departure from Liverpool, 15 September 1830 The opening of the Liverpool and Manchester Railway (L M) took place on 15 September 1830 … Wikipedia
