TMI Blog1960 (6) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... isconceived 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 continued :] Counsel has referred us to several authorities but I do not think it is n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 defendant relies. That was a case where particulars of a pleading were sought, and the j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Pinson's case where he was dealing with three possible positions where there ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll. 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 is a negative pregnant. The admissions of counsel have made it even clearer that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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