Order for further and better particulars refused in breach of contract proceedings

Application for further and better particulars - breach of contract admitted by bank - apology made, and remedial steps taken that include an offer of compensation – relevant authorities – legal principles – particulars should not be ordered unless they can be said to be necessary or desirable to enable the party seeking them to plead - should not be ordered unless they are necessary or desirable for the purpose of a fair hearing - save unnecessary expense, and avoid allowing parties to be taken by surprise – know the case they have to meet - courts will look askance on over-expansive requests for particulars – must relate to the pleadings - court will not entertain an application for further and better particulars which are oppressive or unreasonable - court will not direct a party to provide particulars of a denial in a pleading - particulars of a denial will be ordered where the denial amounts in substance to a positive allegation - party is not entitled to hide behind a traverse in those cases governed by O. 19, r. 15 RSC - court may refuse to allow the party responsible to subsequently make a positive case - no answer to a request for particulars for a party to contend that the relevant facts are already known by the party making the request - may be circumstances where it is appropriate to direct that particulars should only be furnished after discovery – ensure that the issues in the case are sufficiently identified – discovery is a separate process – requirement to engage – risk of costs - plaintiffs are not entitled to the details of a denial - request for interrogatories disguised as particulars – particulars do not arise from the pleadings – matters for evidence - no obligation on the bank to identify at this time the experts that it intends to call – application refused –