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DBP98

Drafting Better Pleadings

NZ $10.00
Author(s): Colin Carruthers QC
Published: 10 March, 1998
Pages: 26

   

Introduction


Each of these features is important to pleadings. Time and effort are required.

Otherwise:
process put together hurriedly in the dark eleventh hour is prone to error
Pontin v Wood [1962] 1 Q.B.594, 614

Leading to this result:
Now this, as it stands, is plainly an insufficient pleading, for there is no way in which (the defendants) are able to ascertain with any precision what the case is that is being made against them.
. . . on any analysis it was . . . hopelessly embarrassing as it stood.
 
Wharf Properties Limited v Eric Cumine Associates
(1991) 52 Build. LR 1

These examples illustrate the practical importance of pleadings.

This will be a practical seminar. The objective is to draw attention to points concerning the drafting of pleadings which from experience, have been and continue to be overlooked. The relevant rules of procedure will be considered but the seminar is not designed as one on the rules. It is probably best described as a collection of practical hints based on experience of pleadings and the comments, complaints and criticisms which are frequently made about them.

 

Content outline

  • Planning, preparation and presentation
  • Formal rules concerning pleadings
  • Practical aspects of pleadings
  • Problems
View contents page

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