1960 (6) TMI 27

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.... give particulars of paragraph 2 of the amended defence. In my view, the appeal is misconceived and the judge came to a right conclusion on this matter. We have listened to the argument of Mr. Lewis and it seems to me that, if we were to grant the appeal, he would be in a greater difficulty then perhaps he has appreciated. [His Lordship stated the facts as to the pleadings set out above, and co....

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....they stand the defendant proposes to set up that there was reasonable excuse for not giving the information required. Unless the particulars of the defence which have been asked for are given before the trial there may well be surprise, delay and undue expense. The point argued here was considered by Harman J. in Dukes Court Estates Ltd. v. Associated British Engineering Ltd., on which the defe....

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....ounsel or otherwise, that it is intended to set up an affirmative case, so that the traverse is what has been described as a negative pregnant, it seems to me that particulars of the affirmative case ought to be delivered. Otherwise, the opposite party and the court will be in doubt as to what issues are to be determined at the trial." Then there is a quotation from Stable J. in his judgment in....

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....ess, though the affirmative case is concealed, albeit imperfectly, in a negative shell." It was pointed out that if the particulars are not given then it may preclude a defendant in those circumstances from advancing an affirmative case at the trial. I think Salmon J.s order was right and I would dismiss this appeal Pearce, L. J. I agree. It is clear from the pleadings that the traverse i....