1.6 Statement of Case

Question 1

What is required in a claim form?

Answer 1

1) Drafting
- Court heading (Claim no + court division + party names and capacity)
- Type of statement of case
- Refer to parties (in third person)
- Paras, subparas, subheadings
- Clear language (NO anachronisms)

2) Statement of truth (signed) > Form PD22
- By party > Preferable to show he read and agreed, protects legal rep
- By legal rep > Must include that he is duly authorised
- Otherwise > Maybe contempt of court (known false contents)

3) Factual allegations
- Exhibits

4) Legal basis
5) Issues in dispute

6) Party’s case
- Liability
- Causation
- Damages

Question 2

What is required in a Particulars of Claim?

Answer 2

1) Parties
- Claimant
- Defendant
- Their relationship

2) Statutory provisions covering
- Parties
- Their relationship
- Agreements

3) Agreement relevant to claim
- Contract relations
- D’s duty of care
- Exhibits
OR
Accident/Event => Cause of action

4) Allegations + Breach of contract/Negligent breach of duty of care

5) Losses flowing
- Medical evidence (annexed)
- Schedule of special damages (injury claims)

6) Interest

7) Prayer for relief
- Damages
- Interest

8) Statement of truth
9) Date
10) Author

Question 3

What is required in a defence?

Answer 3

Address ALL material allegations > Particulars (referenced in each para)

If particulars not clear => Draft defence like claim form
- Traverse clause => Allows denial of allegations in entirety/para/particulars sections

Admit allegations

• Requires client instruction + authority
• NOT costs/case mgmt/professional conduct effects

Deny allegations

• Alternative version of events/Denial explanation
• May blame another party > Particularise allegations/Issue separate proceedings (additional claims re indemnity/contribution)

NO admissions on allegations
- D has no knowledge re basis/facts/circumstances

Question 4

When may a reply to a defence be made?

Answer 4

Optional statement of case

• Matters raised but NOT covered in Particulars > Needs response
• NOT amend Particulars

Question 5

What is required in a Counterclaim?

Answer 5

Set out as particulars

Repeat Defence paras

• Deny allegations
• Basis for counterclaim

=> ALL parties w/ defence

Question 6

What is required in a Part 20 Additional claim?

Answer 6

Annex, reference and summarise Statement of Case

Deny original claim vs D

Particularise allegations vs D

Losses claimed from TP (NOT particularised)
- Prayer allowed (indemnity/contribution/damages)

=> D (within 14 days after additional claim issued by court)

Question 7

What is required for requests for further information (Part 18)?

Answer 7

Request (NO prescribed form)

• Expressly stated as request
• Party making/receiving request
• Requests w/ references > Opponent’s statement of case (numbered paras)
• Date for response (reasonable time)
• Statement of truth (signed)

=> Tactically obtain admissions + reveal weaknesses in other party’s case

Question 8

How may party be required to respond to request for further information?

Answer 8

1) Court makes order to comply
2) File response > Other parties (within time specified)
3) Writing
4) Dated
5) Statement of truth (signed)

> Otherwise > Requesting party can apply to court > Order compelling response

Question 9

What is required for amendments to statements of case?

Answer 9

1) Form PD17
- Re-verified statement of truth
- Amendments change the statement of case substance

2) All parties/Court consent
3) Before service of process

4) Deemed commenced on same date as original claim
- If issued within limitation

5) Party seeking amendment > Pays;
- Own costs
- Costs caused by amendment