As with all High Court procedures, the Notice of Particulars is governed by the Rules of the Superior Courts, specifically Order 17.

This stage comes after the Statement of Claim is served and allows the defendant to request further detail and clarification about the plaintiff’s case.

The Notice of Particulars typically includes a list of specific, targeted questions—and may also request supporting documents on which the claim is based. These questions are intended to ensure that the defendant fully understands the nature of the allegations before drafting their defence.

Our Experience at This Stage
In our case, shortly after serving the Statement of Claim, we received a Notice of Particulars containing over 45 questions. Each question was specific and relevant, asking for details such as:

• A full narrative of how the incident occurred
• Who was present
• When and how the first complaint was made
• Copies of any documentation supporting the allegations

The Notice also reserved the right to request further particulars later, should new issues arise.
Reply to Notice of Particulars
Under the Rules of the Superior Courts, a party served with a Notice of Particulars must reply within 21 days, unless an extension is agreed or granted by the court.

In our case, responding to the questions gave us the opportunity to consolidate our position and present a clear, structured timeline of events. We included further evidence and documentation, which strengthened the credibility of our claim.

Failure to Respond to Particulars
If the plaintiff fails to provide an adequate reply, the defendant has two procedural options:

1. Request Clarification in Writing
The defendant may write to the plaintiff pointing out the deficiencies or gaps in the answers and request proper responses.

2. Apply to Court for an Order
If no adequate reply is provided, the defendant may apply to the court by Notice of Motion, requesting an order compelling a reply.
The judge will then decide whether the requested information is relevant and, if so, may order the plaintiff to respond or refuse the application if it lacks merit.