What authority governs the refusal of applications for particulars?

The authority that governs the refusal of applications for particulars is rooted in case management principles. These principles are designed to ensure that court proceedings are conducted efficiently and fairly. They provide guidance on how parties should manage their cases, including the submission of particulars, which are detailed statements of claims or defenses that clarify issues in dispute.

Case management principles allow for the Court to oversee the progress of a case and ensure that all necessary information is exchanged in a timely manner. When a party refuses to provide particulars, the principles come into play to assess whether that refusal is justified. The Court will consider whether the request for particulars is relevant, necessary, and proportionate to the issues at hand.

While common law precedents and statutory provisions also influence how particulars are handled, it is the overarching case management principles that specifically guide the refusal of applications for particulars by setting the framework for procedural fairness and efficient case conduct. Informal agreements between the parties, while potentially relevant to negotiations, do not provide authoritative governance for refusals; they simply reflect the parties’ own considerations rather than a procedural rule established by the court.