2.1 Introduction to statements of case

Question 1

What are the statements of case?

Answer 1

A statement of case sets out the facts relied on and the factual allegations made in support of that party’s case. Its purpose is not to set out law, evidence or arguments.

Question 2

What are the purposes of statements of case?

Answer 2

1. It informs the parties of each other’s case(s);
2. It enables the parties and the court to identify the points of dispute (the factual matters in issue) between them;
3. It provides the judge with a concise statement of each party’s case.

Question 3

Why is it important to get statements of case right?

Answer 3

If a statement of case does not comply it might require formal amendment. This will often require permission of the court, and will have a knock on impact on other statements of case, which will also require amendment by the other parties. Even if the claim can proceed without formal amendment, the deficiency will often cause time to be wasted by the court and parties in working around the problem.

There will be costs consequences, not to mention tactical disadvantages, some of which could be very serious.

Question 4

What goes into the statements of case?

Answer 4

CPR 2.3(1)
Always
*The claim form;
*The particulars of claim (if separate from the claim form); and
*The defence.
Sometimes
*The counterclaim or other Part 20 claim;
* The reply to a defence; and
*The reply (which follows the defence, but only when the circumstances require).