further and Better Particulars in UK Law

Leading Cases
  • Allen v Sir Alfred McAlpine & Sons Ltd
    • Court of Appeal (Civil Division)
    • 11 Enero 1968

    But also, if after the plaintiff has been guilty of unreasonable delay the defendant so conducts himself as to induce the plaintiff to incur further costs in the reasonable belief that the defendant intends to exercise his right to proceed to trial notwithstanding the plaintiff's delay, he cannot obtain dismissal of the action unless the plaintiff has thereafter been guilty of further unreasonable delay.

    There certainly was no further fault on the part of the plaintiff, save possibly in failing to take advantage of the defendants' delay. ultimately, instead of delivering their defence, the defendants applied, with surprising success, for the action to be dismissed for want of prosecution. There was here about as clear a case of waiver or acquiescence on the part of the defendants as it is possible to imagine.

  • Samuels v Linzi Dresses Ltd
    • Court of Appeal (Civil Division)
    • 28 Noviembre 1979

    In my judgment, therefore, the law today is that a Court has power to extend the time where an "unless" Order has been made but not been complied with; but that it is a power which should be exercised cautiously and with due regard to the necessity for maintaining the principle that orders are made to be complied with and not to be ignored. Presumably it is a question for the discretion of the Master or the Judge in Chambers whether the necessary relief should be granted or not.

  • Senate Electrical Wholesalers Ltd v Alcatel Submarine Networks Ltd (formerly STC Submarine Systems Ltd)
    • Court of Appeal (Civil Division)
    • 22 Junio 1998

    Certainty is only achieved when the vendor is left in no reasonable doubt not only that a claim may be brought but of the particulars of the ground upon which the claim is to be based. Notice in writing is required in order to constitute the record which dispels the need for further argument and creates the certainty.

  • Peyman v Lanjani
    • Court of Appeal (Civil Division)
    • 11 Abril 1984

    If A wishes to allege that B, having had a right of rescission has elected to affirm a contract, he should in his pleadings, so it seems to me, expressly allege B's knowledge of the relevant right to rescind, since such knowledge will be an essential fact upon which he relies. In many cases the best particulars that A will be able to give will be to invite the court to infer knowledge from all the circumstances.

  • Eagle Star Insurance Company Ltd v Yuval Insurance Company Ltd
    • Court of Appeal (Civil Division)
    • 04 Julio 1977

    Like any election, it must be an unequivocable act done with Kacwledge of the material circumstances. On those authorities, it seems to me that in order to deprive a defendant of his recourse to arbitration a"step in the proceedings" must be one which impliedly affirms the correctness of the proceedings and the willingness of the defendant to go along with a determination by the courts of law instead of arbitration.

  • Lonrho Plc and Others v Fayed and Others (No 5)
    • Court of Appeal (Civil Division)
    • 22 Julio 1993

    If an action is not brought bona fide for the purpose of obtaining relief but for some ulterior or collateral purpose, it may be struck out as an abuse of the process of the Court. The time of the Court should not be wasted on such matters and other litigants should not have to wait till they are disposed of. But for the Court to strike it out on this basis at this stage it must be clear that his is the case.

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  • Administration of Justice Act 1705
    • UK Non-devolved
    • 1 de Enero de 1705
    ... ... Act for the Amendment of the Law, and the better Advancement of Justice. (4 & 5 Ann.) C A P. XVI ... R the Amendment of the Law in several Particulars, and for the easier, speedier, and better ... II. And be it further enacted by the Authority aforesaid, That from and ... ...
  • Bankrupts Act 1731
    • UK Non-devolved
    • 1 de Enero de 1731
    ... ... Majesty's Reign, intituled, An Act for the better preventing Frauds committed by Bankrupts ... , ... IV. And be it further enacted by the Authority aforesaid, That every ... shall remain out standing, and the Particulars thereof; and shall, if the Creditors ... then ... ...
  • Common Law Procedure Act 1852
    • UK Non-devolved
    • 1 de Enero de 1852
    ... ... upon the same shall be stayed, and no further Proceedings shall be taken thereupon without ... Special Indorsement of the Particulars of Debts orliquidated Demands may be made on the ... the further Amendment of the Law, and the better Advancement of Justice ... , if it shall appear ... ...
  • Companies Act 1862
    • UK Non-devolved
    • 1 de Enero de 1862
    ... ... be entered therein the following Particulars: (1.) The Names and Addresses, and the ... a Penalty not exceeding Two Pounds, and a further Penalty not exceeding Two Pounds for every Day ... Eleven, and intituled An Act for the better Protection of Purchasers against Judgments, Crown ... ...
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Books & Journal Articles
  • The Efficacy of Action at a Distance as a Control Mechanism in the Construction Industry When a Trust Relationship Breaks Down: an Illustrative Case Study
    • No. 12-4, December 2001
    • British Journal of Management
    A paper published by one of the authors (Woodward and Squires, 1996), described a situation where the accounting information system used by a geographically‐remote project manager to report progres...
    ... ... seems likely that the PM was concerned to further his own self- interest, by representing a rating project situation in a far better light than was in fact the case, since ... to compile a claim and further better particulars on both packages. He will be the ‘historics’ ... ...
  • Police History: A Bibliography
    • No. 34-4, July 1961
    • Police Journal: Theory, Practice and Principles
    Few subjects have been as neglected by historians as the Police. Anyone studying the history of the 19th century in particular, when the modern era of policing began, cannot fail to be struck by th...
    ... ... listifanyofour readers care tosend particulars (in the same detail as in the present ... belittle doubt that increased numbers and better discipline were themost urgent needs at the time ... ...
    • No. 49-1, January 1986
    • The Modern Law Review
    ... ... about legal judgments and particulars, and the nature of facts in general, ... conclusions would perhaps have been better left for another more detailed text. I1 ... Indeed he goes further by re-affirming many of the other ... ...
  • Drafting Documents for Small Claims Cases
    • Part 1. Claims
    • Small Claims Procedure in the County Court A Practical Guide - Seventh edition
    • Patricia Pearl/Tim Parker
    • 179-212
    ... ... That term covers a claim form, particulars of claim, defence, third party claims, and ... 13), CPR PD 16, paragraph 12 sets out further requirements for the defence ... 6.3.4 Reply ... It is better, as above, to make it plain exactly how the ... ...
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Law Firm Commentaries
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