okay in this video I'm gonna take a look at replies to particulars what our
replies to particulars what our know insisted particulars you may come across
this if you're involved a nineteen sort of litigation so let's take a look so
replace the particulars they occur to say in civil litigation if you're
involved in a litigation in Irish law well then you probably will face a
notice for particulars and you must do replies to particulars particulars are
essentially details so litigation just to recap is the process that you engage
in when you're involved in civil legal proceedings for example in a personal
injury claim or commercial dispute us examples of litigation important part of
it is serving a notice for particulars and the consequent replies to the notice
for particulars so the notes or particulars is essentially a series of
questions that the defendant will send to the plaintiff in order to see what
case he'll have to meet and to ascertain the details of the alleged wrongdoing
the circumstances giving rise to the claim and details of the injury or
damage suffered and so on it forces the plaintiff the seller of the exact
details of his claim and the defendant then obviously will be able to
understand what claim as to meet the former legal position of the parties is
set out in the pleadings and the pleadings combined with the particulars
allows a party to the proceedings to see in broader thing the case that he will
have to meet a trial in recent years however there has been some developments
in the whole area of particulars and that is in seeking to extensive and too
broad and sometimes too oppressive particulars and these situations have
been considered by courts because invariably the defendant the defendant
solicitor would reply system will only reply to some of the particulars
some questions is section 11 of the civil liability in
courts Act of 2004 allows the defendant in a personal injury action to seek
particular details particular particulars as well so you see the four
headings there on the screen particulars of any personal injuries action brought
by the plaintiff in which the court made an award of damages so this is only
previous claims particulars about a personal investment plaintiff which was
withdrawn or settled and this again covers previous claims particulars about
the injury sustained or treatment administer to the plaintiff that would
have a bearing on the personal injuries to which the personal injuries action
relates so essentially if you're complaining about a bad back broader
claim in respect of an injury to your back
you've been asked here to set out any details of previous injuries to your
back because it may be the re agitation as aware of a pre-existing injury and
then the name of any persons from whom the plaintiff received medical treatment
these are basic particulars that the section 11 of the civil liability in
course Act 2004 allow the defendant to seek there was a decision there know in
2013 and airboats in this case Armstrong versus Moffitt's High Court case two of
the defendants in this case are particulars of information over and
above what was provided for in section 11 and the plaintiff solicited and
refused to request appointed a section 11 and said this was the extent of his
clients obligations and the high court and was asked to determine the issue the
high court held that the particulars Charlie ordered if it is just to do so
that is in the interest of fair procedures and to ensure a party will
not be taken by surprise by the case he has to meet at trial however the judge
judge Hogan he went on to say that the courts should be more prepared to refuse
requests for particulars that are oppressive and indiscriminate and
possibly an abuse of process he also referred to the fact that the Arrakis
had set out in section 10 of the civil liability in court I could
for how a personal injury claim should be pleaded and if this was done
correctly the need for further extensive replace the particulars should be the
exception and not the rule he struck out particulars which fell
outside of section 11 in this particular case he also commented that even though
the discriminant indiscriminate use of excessive particulars was curtailed by
the act in respect of personal injury claims there's no break put on such
requests in other types of case in other words non personal injury cases in
conclusion notices for craters should be used to establish in broad outline the
case to defendant hostile meter trail anything over and above this should be
carefully considered by both parties because there's a risk of such requests
being struck down by the high court with consequent costs implications arising
from the dispute about what is to be answered and what's not to be answered
as the judge judge Hogan said in this particular case Armstrong and Moffat in
this as in much else in litigation the Fox is more likely to prevail than the
lion in other words you do need to be strategic and intentional about the
questions that you ask and not use a broad shotgun approach I hope you find
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