2 PoC Flashcards
Court and/or division
IN THE HIGH COURT OF JUSTICE QUEEN’S BENCH DIVISION
Check names
Full name of each party
Do not use abbreviations – LIMITED, not LTD
1st paragraph
At all material times the Claimant was …, and the Defendant was …
Statement of truth - if person signing doc IS actual party to proceedings
‘I believe that the facts stated in this Particulars of Claim are true
Signed [party’s signature]’
Statement of truth - if person signing doc NOT actual party to proceedings
‘The Claimant believes that the facts stated in this Particulars of Claim are true. I am duly authorised to sign this statement.
Signed [party’s signature]’
How would a managing D sign PoC?
‘The Claimant believes that the facts stated in this Particulars of Claim are true. I am duly authorised to sign this statement.
Signed [party’s signature]’
DUTY - contract
It was an express/implied term of the Contract (at clause x) that the Defendant …
DUTY - tort
It was an express/implied term of the Contract (at clause x) that the Defendant …)
‘The Defendant owed the Claimant a duty of care in tort’
What should you consider first?
BREACH
DUTY - if express written
16 PD 7.3: claim based on written agreement ⇾ include copy contract / docs
DUTY - if express oral
16 PD 7.4: claim based on oral agreement ⇾ set out contractual words used & state by whom, to whom, when & where they were spoken
If both express & implied term
plead express term & then ‘further or in the alternative’ implied term
If both contractual term & duty at common law
plead ‘further or in the alternative’ duty owed at CL (tort).
Where should background facts as to the duty be included?
before stating the duties
background facts if implied term for goods
include details of the standard that has not been met – the description which the goods don’t fit / the quality / the fact that the D was informed of the particular purpose
background facts if tort
If standard of care was higher duty than normal ⇾ insert paragraph to show this
BREACH - wording
In breach of the [express/implied term / duty of care in tort] referred to in paragraph Y …
What MUST be set out in relation to the breach?
Show what C has actually done ⇾ show court that C has fulfilled his side of the bargain
Where should background facts in relation to the breach be set out?
after stating the breach(es).
PARTICULARS OF BREACH
CAUSATION - wording
As a result of the breach(es) referred to in paragraph Y above, the Claimant [had to purchase / wasn’t advised…] …
LOSS OF REPUTATION WORDING
Further, as a result of the breaches set out above, the Claimant has suffered damage to its reputation
LOSS - wording
As a result of the breach(es) referred to in paragraph Y above, the Claimant has suffered loss and damage
LOSS - setting out details
PARTICULARS OF LOSS AND DAMAGE
Always put a total as a headline figure for judge reading the ‘PARTICULARS OF LOSS AND DAMAGE’, even if you have unspecified amounts to add
Interest - can be pursuant to…
CONTRACT or STATUTE:
a. HC: s.35 Senior Courts Act 1981
b. CC: s.69 County Courts Act 1984
Interest SPECIFIED - WORDING
The Claimant also claims interest pursuant to…from the due date of [the invoice] to today’s date at the rate of 8% per annum in the total sum of X
Particulars of Interest
8% of [X claimed] for the period of A to B inclusive (C days at the daily rate of Y) = X
- Further, the Claimant claims interest as above from today’s date until judgment or earlier payment at a daily rate of Y
Interest UNSPECIFIED - WORDING
The Claimant claims interest on the damages referred to in paragraph [] above pursuant to [clause [A] of the contract or section 35A Senior Courts Act 1981 or section 69 County Courts Act 1984] at such rate and for such period as the court thinks fit
summary of remedies - specified claim
AND THE CLAIMANT CLAIMS:
(i) the said sum of [];
(ii) interest under paragraph A above to today’s date in the sum of Y; and
(iii) further interest under paragraph B above at a daily rate of Z until judgment or earlier payment
summary of remedies - unspecified claim
AND THE CLAIMANT CLAIMS:
(i) damages under paragraph X above; and
(ii) interest under paragraph Y above
what should you use if client doesn’t know exact date of event?
‘on or about’
what should parties be referred to in doc?
Claimant or Defendant
NEVER their name!!
what DOESNT need an extra paragraph number
PARTICULARS OF BREACH
&
PARTICULARS OF LOSS AND DAMAGE
