23Claimant to provide statement of particulars of claim

#### 23 Claimant to provide statement of particulars of claim 23 Claimant to provide statement of particulars of claim > > (1) The plaintiff on a claim must file and serve on each original defendant (with the plaintiff’s statement of claim) a statement of particulars of the plaintiff’s claim. > > > (2) The plaintiff’s statement of particulars— > > > > > (a) must be in the form set out in Form 1 in Schedule 2, and > > > > > (b) must specify the information required to complete that form, and > > > > > (c) must be accompanied by the documents and information required by the form (and is not required to be accompanied by any other documents or information). > > > (3) If documents or information required to accompany the plaintiff’s statement of particulars are not available to the plaintiff when the statement of particulars is filed and served— > > > > > (a) the statement must indicate this, and > > > > > (b) the plaintiff must provide the documents or information to each original defendant as and when they become available to the plaintiff. > > > > Note. > > > > The plaintiff should not obtain witness statements and expert or other reports before filing the statement of particulars. The defendant will indicate under clause 26(7) whether further information is required, having regard to the issues that remain in dispute. > > > (4) The plaintiff’s statement of claim in the proceedings is not properly served on the defendant until the statement of particulars has been served on the defendant. > > > > Note. > > > > Rules of court provide for the period for which a statement of claim remains valid for service after it is filed. > > > (5) Within 5 business days after serving the plaintiff’s statement of particulars on a defendant, the plaintiff must notify the registrar and each of the original defendants of the date on which the statement of particulars was served on the last of the original defendants. > > > (6) A defendant is entitled to be informed by the registrar, on request to the registrar, of the date of service of the plaintiff’s statement of particulars on the last of the original defendants. > > > (7) This clause does not apply if the plaintiff’s statement of claim is filed in conjunction with an application by the claimant under clause 20 for a determination by the Tribunal that the claim is urgent and the application results in the Tribunal making that determination. > > > > Note. > > > > When subclause (7) applies, the statement of claim will be regarded as having been served when it was actually served and a statement of particulars is not required.