Pleadings, Parties, and Causes of Action
What the exam tests
Pleadings, Parties and Causes of Action tests whether you can turn a client’s story into material facts, join the right parties, amend without prejudice and recognise when a claim is vulnerable to striking out or res judicata.
Core rules
- Plead material facts, not evidence or law. Every element of the cause of action must be alleged, and fraud, misrepresentation, malice and similar allegations must be pleaded with full particulars.
- A party must specifically traverse allegations; a bare denial or evasive non-admission may be treated as an admission. Inconsistent pleas are allowed only in the alternative and must be clearly flagged.
- Joinder is permitted where claims arise from the same transaction or series of transactions or share a common question. A necessary party should be joined; a party with no real interest may be struck out.
- Amendment is allowed to determine the real question, but a new cause of action cannot be added after limitation unless it arises from the same facts already pleaded.
- Striking out lies where the pleading discloses no reasonable cause or defence, is scandalous, may prejudice a fair trial, or is an abuse of process. Res judicata, issue estoppel and Henderson v Henderson abuse can bar re-litigation.
Worked example
A claimant pleads breach of contract and negligent misrepresentation but omits reliance and inducement. The defendant applies to strike out the misrepresentation claim. The court may allow amendment because the facts already pleaded show the pre-contract representation. However, if the representation concerned a different transaction and was first raised after limitation, amendment will be refused.
Traps
Pleading evidence; failing to particularise fraud; inconsistent facts; omitting a necessary party; adding a new claim after limitation; using a bare denial instead of a specific traverse.