2.1 General rules, claim forms and POCs

Question 1

What must the case heading / title on your statements of case contain?

Answer 1

7APD 4.1
The claim form and every other statement of case, must be headed with the title of the proceedings. The title should state:
(1)the number of proceedings,
(2)the court or Division in which they are proceeding,
(3)the full name of each party,
(4)each party’s status in the proceedings (i.e. claimant/defendant).

Question 2

What are the rules for formatting statements of case?

Answer 2

5APD 2

2.1
The name of the person who drafted it.

2. 2
   (4) have the pages numbered consecutively,
   (6) have all numbers, including dates, expressed as figures, and
   (7) give in the margin the reference of every document mentioned that has already been filed.

CPR 22.1(1)(a)
A statement of truth for every statement of case.

Question 3

What happens if you make a false statement or cause another to make a false statement to court?

Answer 3

CPR 32.14(1)

Proceedings for contempt of court may be brought against you for making a false statement in a document verified by a statement of truth without an honest belief in its truth.

Question 4

What happens if you submit a statement of case without a statement of truth?

Answer 4

CPR 22.1(3)
If an applicant wishes to rely on matters set out in his application notice as evidence, the application notice must be verified by a statement of truth.

CPR 22.1(2)
You must submit a new statement of truth every time you amend your statements of case.

Question 5

Where are the forms of words for statements of truth set out?

Answer 5

22A PD 2

Question 6

What form is used to submit a claim?

Answer 6

7APD 3.1
A claimant must use practice form N1 or practice form N208 (the Part 8 claim form) to start a claim (but see paragraphs 3.2 and 3.4 below).

Question 7

What must a claim form contain?

Answer 7

CPR 16.2(1)

(a) a concise statement of the nature of the claim;
(b) the remedy which the claimant seeks;
(c) where the claimant is making a claim for money, a statement of value (CPR 16.3);
(cc) where the only claim is for a specified sum, a statement of the interest accrued on that sum; and
(d) such other matters as may be set out in a practice direction.

Question 8

Is the court confined to give only the remedy sought by the claimant?

Answer 8

CPR 16.2(5)

The court may grant any remedy to which the claimant is entitled even if that remedy is not specified in the claim form.

Question 9

How is the value of claim to be set out?

Answer 9

CPR 16.3(2)
The claimant must, in the claim form, state—
(a) the amount of money claimed;
(b) that the claimant expects to recover—
(i) not more than £10,000;
(ii) more than £10,000 but not more than £25,000; or
(iii) more than £25,000; or
(c) that the claimant cannot say how much is likely to be recovered.

Question 10

What if the court wants to award a different amount of damages to that claimed?

Answer 10

CPR 16.3(7)
The court’s power is not limited by the claimant’s statement of value in the claim form; the court can give judgment for whatever amount (if any) it finds the claimant is entitled to.

Question 11

What is the special rule for statements of value in personal injury claims?

Answer 11

CPR 16.3(3)
The claimant must state whether the amount which the claimant expects to recover for pain, suffering and loss of amenity is or is not more than £1,000.

Question 12

When must claim forms state in order to be brought in the High Court?

Answer 12

CPR 16.3(5)

(a) that the claimant expects to recover more than £100,000;
(b) that some specified enactment provides that the claim may be commenced only in the High Court;
(c) if the claim is a claim for personal injuries the claimant expects to recover £50,000 or more; or
(d) state that the claim is to be in one of the specialist High Court lists and state which list.

Question 13

What must the value of the claim not include

Answer 13

CPR 16.3(6)
Interest (except contractual)
Costs
Counter claims
Set off
Contributory negligence
State benefits

Question 14

What must the particulars of claim include in any claim?

Answer 14

CPR 16.4(1)

(a) a concise statement of the facts on which the claimant relies;
(b) if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);
(c) if the claimant is seeking aggravated damages or exemplary damages, a statement to that effect and his grounds for claiming them;
(d) if the claimant is seeking provisional damages, a statement to that effect and his grounds for claiming them; and
(e) such other matters as may be set out in a practice direction.

Question 15

What must the particulars of claim include in a claim for personal injury?

Answer 15

16 PD 4
The claimant’s date of birth, details of his/her injuries, and attach a schedule of past and future expenses losses and the report of any expert medical practitioner which is relied on.

Question 16

What must the particulars of claim include in a claim involving land?

Answer 16

16PD 7.1
Where a claim is made for an injunction or declaration in respect of or relating to any land or the possession, occupation, use or enjoyment of any land the particulars of claim must:
(1)state whether or not the injunction or declaration relates to residential premises, and
(2)identify the land (by reference to a plan where necessary).

Question 17

What must the particulars of claim include in a claim based on written agreement?

Answer 17

16 PD 7.3

The written agreement including any general terms incorporated.

Question 18

What must the particulars of claim include in a claim based on oral agreement?

Answer 18

16PD 7.4
The particulars of claim should set out the contractual words used and state by whom, to whom, when and where they were spoken.

Question 19

What must the particulars of claim include in a claim based on agreement by conduct?

Answer 19

16PD 7.5
The particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.

Question 20

Which Practice Directions deal with past convictions, fraud, illegality, unsoundness of mind?

Answer 20

16PD 8

Question 21

What are the three ways to claim interest?

Answer 21

CPR 16.4(2)(a)

(i) under the terms of a contract;
(ii) under an enactment and if so which; or
(iii) on some other basis and if so what that basis is; and

Question 22

Which provisions set out the court’s power to award statutory interest?

Answer 22

Section 35A Senior Courts Act 1981
Power of the High Court to award interest on debts and damages.

Section 69 County Courts Act 1984
Power of the County Court to award interest on debts and damages.

Question 23

What must the particulars of claim contain if C wants to claim a particular amount of interest?

Answer 23

CPR 16.4(2)

(b) if the claim is for a specified amount of money, state—
(i) the percentage rate at which interest is claimed;
(ii) the date from which it is claimed;
(iii) the date to which it is calculated, which must not be later than the date on which the claim form is issued;
(iv) the total amount of interest claimed to the date of calculation; and
(v) the daily rate at which interest accrues after that date.

Question 24

What must the claimant do to claim interest?

Answer 24

CPR 16.4(1)

b) if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2

Question 25

What general principles apply to claiming statutory interest?

Answer 25

Generally, the court has a discretion as to whether to award interest, and how much, from the date the cause of action accrued until judgment.

In personal injury claims where damages over £200 are awarded, some interest must be awarded unless there are special reasons for not doing so.

In debt claims, if the defendant pays the whole debt during the proceedings, some interest must be awarded.

Question 26

What is the standard structure in a particulars of claim?

Answer 26

1. Introduce each party.
2. Duty and relevant background facts.
3. Breach.
4. Causation.
5. Loss.
6. Remedy sought. (“Summary of Relief” or “Prayer”.)