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Dispute Resolution > 11: Focus on statements of case > Flashcards

11: Focus on statements of case Flashcards

1
Q

What documents are included in the definition of a “statement of case”?

A
  • claim form
  • particulars of claim
  • defence
  • counterclaims/additional claims (Part 20 claim)
  • defence to counterclaim
  • (reply to defence)
  • responses to requests for further information
  • statement of truth
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2
Q

List the objectives of a statement of case.

A
  • outline a party’s position
  • clarify facts and issues in dispute
  • identify legal requirements
  • identify relevant evidence
  • assist case management (no further issues are considered outside the statement of case)
  • avoid later problems with statements of case.
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3
Q

What must a defence be more than under the CPR?

A

More than a simple denial (bare denial) of the allegations in the particulars of claim.

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4
Q

Why are statements of case subject to judicial scrutiny at an early stage in the proceedings?

A

To identify the issues early, decide on justified time and expense, and ensure the trial proceeds efficiently.

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5
Q

What should be included in a statement of case when a claim is based upon a written agreement?

A

A copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim, and the originals should be available at the hearing.

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6
Q

Which CPR Part deals with the specifics of what should be included in the statement of case?

A

Part 16.

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7
Q

In which form should the statement of case be written?

A

In the third person, with numbered paragraphs.

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8
Q

What must be included in the heading of a statement of case?

A
  • the court
  • claim number
  • parties (identified as claimant/defendant)
  • type of statement of case (e.g. particulars of claim)
  • if relevant, details of the HRA 1998 provision.
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9
Q

What must be included in clinical negligence statements of case?

A

The words Clinical Negligence at the top of every statement of case.

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10
Q

What should be included in statements of case if they exceed 25 pages?

A

An appropriate short summary.

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11
Q

Why is it not necessary to refer to the law in a statement of case?

A

Because the judge is presumed to know it, but there is no prohibition against it.

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12
Q

What can happen if a statement of case gives inadequate detail?

A

A party may face a request from an opponent to give further information or the court may strike out part of the statement.

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13
Q

What is the general structure of the particulars of claim?

A
  1. Introduce the claimant and defendant.
  2. Outline relevant background.
  3. Detail the breach and consequences.
  4. Specify the remedy sought, including interest and a statement of truth.
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14
Q

What are some specific matters in that must be included in particulars of claim where the claimant wishes to rely on them?

A

A finding or adjudication of adultery or paternity, any allegation of fraud, the fact of any illegality, any misrepresentation, any breach of trust, notice or knowledge of a fact, any unsoundness of mind or undue influence, wilful default, any facts relating to a claim for mitigation expenditure, a claim for payment of a sum of money in a specified foreign currency, and evidence of a conviction of an offence.

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15
Q

What must be stated if a claimant wishes to rely on s11 Civil Evidence Act 1968 in particulars of claim?

A

The type of conviction, the court which made the conviction, and the issues in the claim to which the conviction relates.

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16
Q

What are the requirements in PD 16, paras 7.1 to 7.6, for some types of disputes?

A

An injunction or declaration relating to land, recovery of goods, a written agreement, an oral agreement, an agreement by conduct, and a Consumer Credit Agreement (if issued in High Court).

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17
Q

What are the specific short provisions for some types of disputes as per PD 16, paras 7.1 to 7.6?

A

An injunction or declaration relating to land,
the recovery of goods,
a written agreement,
an oral agreement,
an agreement by conduct,
and a Consumer Credit Agreement (if issued in the High Court).

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18
Q

What are the types of dispute where the particulars of claim need more detailed requirements than others?

A

Personal injury claims,
fatal accident claims,
hire purchase claims,
hire of replacement vehicle following a road traffic accident,
and Consumer Credit Agreement claims.

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19
Q

What must be included in proceedings if the employer does not confirm vicarious liability for a fellow employee’s actions?

A

Both the fellow employee and the employer until the employer confirms vicarious liability.

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20
Q

What must be included in the particulars of claim in a personal injury claim?

A

The claimant’s date of birth, brief details of the claimant’s personal injuries, a schedule of details of any past and future expenses and losses, and a report from a medical practitioner.

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21
Q

What special provisions apply to soft tissue injury claims?

A

The type of medical report required (a fixed cost medical report), how the report is arranged, and how any further expert evidence is arranged.

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22
Q

What must the prayer section of the particulars of claim usually contain?

A

Just damages and interest, unless there are claims for provisional damages and/or periodical payments.

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23
Q

What must the claimant provide grounds for when claiming provisional damages?

A

For any disease expected to develop in the future and the expected nature of the deterioration.

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24
Q

What must be included in the particulars of claim for a fatal accident claim?

A

The fact that it is brought under the Fatal Accidents Act 1976, the dependants on whose behalf the claim is made, the date of birth of each dependant, and details of the nature of the dependency claim.

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25
Q

What information must be included in the particulars of claim for the cost of hire of a replacement motor vehicle?

A

The need for the replacement vehicle, the period of hire, the rate of hire, the reasonableness of the period and rate, and impecuniosity if the claim relates to credit hire.

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26
Q

Can a statement of truth be signed by a legal representative?

A

Yes, a statement of truth may be signed by a legal representative on behalf of their client if they have had instructions to that effect from the client.

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27
Q

What happens if there is no signed statement of truth on a statement of case?

A

It will remain effective until struck out, but it cannot be used as evidence in support of an application.

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28
Q

What are the potential consequences if a statement of truth in a statement of case or witness statement is false?

A

The party is guilty of contempt of court.

29
Q

What must the defendant do in their defence once they have the particulars of claim?

A

Respond to every allegation made by the claimant by either admitting, denying, or requiring the claimant to prove the allegation.

30
Q

What options does a defendant have when responding to an allegation in the particulars of claim?

A
  • Admit the allegation
  • Deny the allegation (providing reasons and any different version of events)
  • Neither admit nor deny (require claimant to prove it)
31
Q

What should the defence include, along with the main admission/denial/request to prove?

A

Limitation Periods: Include details of any expired relevant limitation periods.
Dispute Statement of Value: Dispute the claimant’s valuation and provide the defendant’s valuation.
Representative Capacity: State if defending in a representative capacity and specify the capacity.
Address for Service: Provide if not previously done.
Defendant’s Details: Include date of birth if an individual.
Statement of Truth: Required to validate the defence.

32
Q

What specific matters should be included in the defence in personal injury claims?

A
  • response to the claimant’s medical report
  • defendant’s own medical report
  • a counter-schedule addressing the claimant’s schedule of past and future expenses and losses
33
Q

If a defendant fails to deal with an allegation, what happens?

A

The defendant is deemed to have admitted that allegation, unless it is clear that the defendant needs it to be proved (i.e. always in a money claim).

34
Q

What governs counterclaims and additional claims?

A

Part 20 of the Civil Procedure Rules.

35
Q

When can a counterclaim be made without permission?

A

If it is filed with the defence; otherwise, permission from the court is needed.

36
Q

Is a reply to defence compulsory?

A

No, the claimant has the choice whether or not to file a reply to defence.

37
Q

Is there a fee to file a counterclaim against the claimant?

A

Yes, it is calculated according to the full value of the counterclaim.

38
Q

What must a reply to defence contain?

A

A statement of truth.

39
Q

Does the additional claim have to be against the claimant?

A

No, it can be against a third party but is in some way connected to the claim brought by the claimant (e.g. faulty work, additional claim against insurance company).

40
Q

Does the claimant admit the matters in the defence if they do not file a reply to defence?

A

They are not taken to admit the matters in the defence, it instead means the defendant needs to prove the matters.

41
Q

What can a party do if they are dissatisfied with the statement of case?

A

They can make a request for further information under Part 18 to clarify any matter in dispute or obtain additional information.

42
Q

What is the scope of a request for further information?

A

Requests can go beyond the terms of a statement of case and cover any matter in dispute in the proceedings, whether or not it is contained in a statement of case.

43
Q

What are alternatives to a request for further information?

A

If the case is poorly drafted, by:

  • making an application to strike out the case under Part 3
  • seeking summary judgment under Part 24

Although sometimes it is better to leave a poorly drafted case tactically.

44
Q

What is the impact of making a request for further information on the opponent’s case?

A

It doesn’t affect the timescale for responding to the opponent’s statement of case.

45
Q

When can a request for further information be made?

A

At any time after proceedings are started.

46
Q

What is the procedure for making and responding to requests for information?

A
  • serves a written request for information
  • the responding party serves a written response that satisfies or does not satisfy the requesting party
  • if not satisfied, the requesting party may then apply to the court for an order compelling a response.
47
Q

In what form should a request for further information be made?

A

There is no form, it can be made by letter or separate document.

48
Q

What should a request for further information contain?

A
  • the action title and number
  • identification as a request under Part 18
  • numbered paragraphs with specific requests
  • identification of related documents
  • the unclear part of the statement of case
  • a response deadline
49
Q

What should a response to a request for further information contain?

A

Format: Be in writing (by letter if requested by letter, otherwise by separate document).
Heading: Name of the court, title, and number of the claim, and identify it as a response.
Identification: If it is a second or supplementary response, state so.
Content: Repeat each request’s text and provide the corresponding response under each paragraph.
Attachments: Include any documents not already in possession that are part of the response.
Document Reference: Identify any relevant document and specific parts if applicable.
Signature and Date: Be signed and dated by the responding party or their legal representative.
Verification: Include a statement of truth.

50
Q

On whom should the response to a request for further information be served?

A

It should be served on the requesting party, all other parties, and filed at court with a copy of the request. The request however does not need to be filed at court.

51
Q

What are common grounds for objecting to a request for further information?

A

The request is unnecessary, irrelevant, improper, gives insufficient time to respond, can be complied with at disproportionate expense, or is protected by privilege.

52
Q

What should the responding party do if they object to a request for further information?

A

Inform the requesting party promptly, provide reasons, and suggest an alternative compliance date if possible.

53
Q

What is required to apply for an order compelling a response to a request for further information?

A

FIRST - informally request, then:
- File an application notice (Form N244)
- attach the order sought
- describe responses to the request
- consider evidence to be filed
- serve the application notice.

54
Q

What does Part 17 deal with in relation to statements of case?

A

Part 17 deals with amendments to statements of case other than those involving amending a party.

55
Q

What must later statements of case not do?

A

They must not contradict or be inconsistent with an earlier one.

56
Q

When can amendments be made without the court’s permission?

A

At any time before the statement of case has been served.

57
Q

What consent is required to amend a statement of case after it has been served?

A

Written consent of all other parties or the permission of the court.

58
Q

Can the court disallow an amendment even if permission was not required initially?

A

Yes, the court can disallow an amendment at a later stage if it would not have permitted it had parties applied to amend.

59
Q

What must be included in an application to amend a statement of case?

A

The application notice, a copy of the statement of case with proposed amendments, and the amendments clearly shown.

60
Q

Who is responsible for costs when amending a statement of case?

A

The party applying to amend is usually responsible for its own costs and any additional costs caused by the amendment.

61
Q

What should be shown in an amended statement of case?

A

The amendments should be shown by coloured amendments or numerical code, with deleted text struck through in colour and new text inserted or underlined in the same colour. Plus a statement saying it has been amended.

62
Q

What is the order of colours for amendments?

A

Red, green, violet and yellow.

63
Q

What does Part 19 deal with?

A

The removal, addition, or substitution of a party in existing proceedings.

64
Q

What must any application to add or substitute a party be supported by?

A

Evidence explaining why the change is required.

65
Q

Under what conditions can a person be added as a new party?

A

If it is desirable for resolving the matters in dispute or there is an issue involving the new party connected to the matters in dispute.

66
Q

Under what conditions can a person be substituted for an existing party?

A

If the existing party’s interest or liability has passed to the new party, and it is desirable for resolving the matters in dispute.

67
Q

What special provisions apply if the limitation period for adding or substituting a party has expired?

A

The court may add or substitute a party only if the limitation period was current when proceedings started, and the addition or substitution is necessary.

68
Q

What does Part 3 provide in relation to striking out a statement of case?

A

The court may strike out a statement of case if it discloses no reasonable grounds for bringing or defending the claim.

69
Q

What are examples of when a statement of case might be struck out?

A

If it sets out no facts indicating the claim, makes no sense, or consists of a bare denial in a defence.

Dispute Resolution (20 decks)

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