(1) A party must not in any pleading make an A party must not plead inconsistent allegation of fact, or raise any ground or claim, allegations of fact or inconsistent grounds inconsistent with any of his or her previous or claims except as alternatives. pleadings. (2) Subrule (1) does not affect the right of a party to make allegations of fact, or raise grounds or claims, in the alternative. Specifying the relief or remedy sought R 6.12 Contents of Statement of Claim and FCR 16.02(1)(f) Summons The pleading should contain particulars of A pleading must state the specific relief damages sought and the basis on which (1) A statement of claim or summons must sought or claimed. they have been worked out or estimated. specifically state the relief claimed by the FCR 16.02(4) plaintiff. A failure to adequately particularise A party is not entitled to seek any damages will expose you to a request for (2) If the relief claimed requires the additional relief to the relief that is further particulars which will have time determination or direction of the court on any claimed in the originating application. and cost implications. question, the statement of claim or summons See FCR 8.03(1) must state the question. (3) Costs referred to in section 329(1)(c) of the Legal Profession Act 2004 (costs payable for the FCR 2011 Div 16.4 [particulars] enforcement of a lump sum debt or liquidated sum for damages) must be specifically claimed. (4) Costs, other than those referred to in section 329(1)(c) of the Legal Profession Act 2004, need not be specifically claimed. (5) Exemplary damages and aggravated compensatory damages must be specifically claimed. (6) An order for interest up to judgment must be specifically claimed.
(1) A party must not in any pleading make an allegation of fact, or raise any ground or claim, inconsistent with any of his or her previous pleadings. (2) Subrule (1) does not affect the right of a party to make allegations of fact, or raise grounds or claims, in the alternative. A party must not plead inconsistent allegations of fact or inconsistent grounds or claims except as alternatives. Specifying the relief or remedy sought The pleading should contain particulars of damages sought and the basis on which they have been worked out or estimated. A failure to adequately particularise damages will expose you to a request for further particulars which will have time and cost implications. R 6.12 Contents of Statement of Claim and Summons (1) A statement of claim or summons must specifically state the relief claimed by the plaintiff. (2) If the relief claimed requires the determination or direction of the court on any question, the statement of claim or summons must state the question. (3) Costs referred to in section 329(1)(c) of the Legal Profession Act 2004 (costs payable for the enforcement of a lump sum debt or liquidated sum for damages) must be specifically claimed. (4) Costs, other than those referred to in section 329(1)(c) of the Legal Profession Act 2004, need not be specifically claimed. (5) Exemplary damages and aggravated compensatory damages must be specifically claimed. (6) An order for interest up to judgment must be specifically claimed. FCR 16.02(1)(f) A pleading must state the specific relief sought or claimed. FCR 16.02(4) A party is not entitled to seek any additional relief to the relief that is claimed in the originating application. See FCR 8.03(1) FCR 2011 Div 16.4 [particulars]
BASIC-REQUIREMENTS-FOR-PLEADINGS.docx