UNIFORM CIVIL PROCEDURE RULES 2005 - REG 15.19 Particulars in relation to statements of claim for defamation

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 15.19

15.19 Particulars in relation to statements of claim for defamation

(cf SCR Part 67, rule 12; DCR Part 49, rule 11)

(1) The particulars required by rule 15.1 in relation to a statement of claim seeking relief in relation to the publication of defamatory matter must include the following--

(a) particulars of any publication on which the plaintiff relies to establish the cause of action, sufficient to enable the publication to be identified,

(b) particulars of any publication, circulation or distribution of the matter complained of or copy of the matter complained of on which the plaintiff relies on the question of damages, sufficient to enable the publication, circulation or distribution to be identified,

(c) if the plaintiff alleges that the matter complained of had a defamatory meaning other than its ordinary meaning--particulars of the facts and matters on which the plaintiff relies to establish that defamatory meaning, including--

(i) full and complete particulars of the facts and matters relied on to establish a true innuendo, and

(ii) by reference to name or class, the identity of those to whom those facts and matters were known,

(d) if the plaintiff is not named in the matter complained of--particulars of identification of the plaintiff together with the identity, by reference to names and addresses or class of persons, of those to whom any such particulars were known,

(e) particulars of the part or parts of the matter complained of relied on by the plaintiff in support of each pleaded imputation,

(f) particulars of the serious harm that the publication has caused, or is likely to cause, to the reputation of the plaintiff.

(2) Such of the following as is applicable must be filed and served with a statement of claim seeking relief in relation to the publication of defamatory matter (or any amended statement of claim) and be referred to in the statement of claim or amended statement of claim--

(a) a legible photocopy of the original publication or, in the case of an internet, e-mail or other computer displayed publication, a printed copy,

(b) a typescript, with numbered lines, of--

(i) if the original publication is in English--the text of the original publication, or

(ii) otherwise--a translation of the text of the original publication,

(c) a copy of the concerns notice in respect of the matter concerned that was given to the defendant.

(3) Subrule (2)(b) must be complied with in respect of radio and television publications.