‘Trojan Horses, Boilerplates, Kitchen Sinks and Perfect Ambushes: being particular about Particulars and Discovery in light of recent judgements’
A number of recent judgements on the topics of discovery and particulars – two sides of the same coin in terms of their potential to probe the strengths and weaknesses of an opponent’s case – have altered the landscape of personal injuries litigation.
The effect of these subtle but important fine-tunings will impact not just on the nature and extent of material to be shared, but will also shape the manner in which pleadings are drafted by both parties if they are to avoid incurring excessive obligations in terms of discovery and particulars, but also to preclude possible costs implications.
In this presentation, Brenda Power BL gives an overview of the requirements on parties in respect of particulars and discovery -
- the statutory basis of these requirements
- recent decisions touching on the extent of the obligations in respect of discovery and particulars and the matters to be considered when deciding same
- the need for practitioners to be conscious of the risks of relying on well-worn templates and ‘catch-all’ particulars when drafting their pleadings
Brenda Power BL was called to the Bar in 1996, practiced for two years and after a hiatus during which she pursued her journalistic and broadcasting career, and raised five children, returned to practice in 2015, and now works mainly in the area of personal injuries litigation.
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