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Dispute Resolution > 3. Statements of Case > Flashcards

3. Statements of Case Flashcards

1
Q

What is ‘Statements of Case’

A

A statement of case is a document that is used to set out a party’s case in civil litigation. Examples of statements of case are:

1. A claim form
2. Particulars of claim
3. Defence
4. Reply to defence
5. Counter claims and other additional claims
6. Defence discount claims and other additional claims.
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2
Q

What is the purpose of the claim form?

A

To start proceedings and contain information relevant to the proceedings.

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3
Q

What 9 things are included within the claim form?

A
  1. The claimants name and adress
  2. The defendants name and address
  3. Breif details of the claim
  4. The claim Value
  5. Prefered county court hearing centre
  6. Defendants address for service
  7. the particulars of claim
  8. Statement of truth
  9. Claimaints address (or their solicitors) for all correspondence
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4
Q

What ‘Breif details’ of the claim are included in the claim form?

A
  1. A brief statement of the nature of the claim
  2. The remedy Sought
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5
Q

What is the claim value in specified claims?

A

This is the amount being claimed without including intrest

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6
Q

What should be stated in the claim form if they cannot estimate how much they are expecting?

A

‘I cannot say how much i expect to recover’

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7
Q

What is the 3 options for the value of the claim in an unspecified claim?

A

‘I expect to recover…’

  1. Not more than £10,000
  2. More than £10,000 but not more than £25,000
  3. More than £25,000
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8
Q

What is the particulars of claim?

A

A document setting out the case of the claimant and specyfing the facts relied upon

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9
Q

What is th purpose of the particulars of claim?

A

To provide

  1. a concise statement of the facts
  2. Details of any interest the claimant is seeking
  3. A statement and accompanying grounds if the claimant is seeking other exemplary damages or aggravated damages
  4. any other matters required for the type of claim as set out in the practice direction
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10
Q

What are Exemplary damages?

A

Punitive damages to punish the defendant. the aim is to act as an example, and so a deterrent to the defendant and others in repeating the action

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11
Q

What are aggravated damages?

A

These are additional damages because the defendant behavior has caused the claimant mental distress, injury to feelings, or anguish.

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12
Q

What 8 things must be included in the particulars of claim for a contract law matter?

A
  1. Parties to the claim and their status (for example d is manufacture, C is customer.
  2. Factual Chronology
  3. The contract and its terms
  4. How the contract was allegedly breached
  5. Consequences of the breach (ie its impact on C)
  6. Damages Claimed
  7. Intrest Claimed
  8. Statement of truth
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13
Q

What are the 3 rate options the court has in awarding interest in a contract law matter

A
  1. If specified in the contract, this will be followed.
  2. If not specified, the annual rate of 8%
  3. Any amount the court see fit using their discretion.
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14
Q

What 8 things must be included in the particulars of claim for a tort action?

A
  1. Parties to the clam and their status (ie c was driving nissan, d was driving ford)
  2. Factual Chronology
  3. The relevant duty of care and why it was owed to C
  4. How the duty was breached
  5. Causation
  6. Damages Claimed
  7. Intrest Claimed
  8. Statement of Truth
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15
Q

What is the purpose of the defence?

A

To indicate to the Court the D position in relation to each allegation. The intention is to narrow down the issues between the parties and ensuring only the matters in dispute are brought before the court.

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16
Q

What are the 3 ways a defendants can respond to allegations made against them?

A
  1. They admit the allegation
  2. They Deny the allegation
  3. Non-Admision
17
Q

What is non-Admision?

A

The D neither admits not denies an allegation, but has no knowledge of the facts of the allegation made against them and so require proof from the claimant as to the truth.

18
Q

What happens if the d admits a paragraph (Allegation)

A

The court will consider that paragraph as an agreed point.

19
Q

What two things must the defence include?

A
  1. A response to each paragraph (allegation) with a ‘Denial’, ‘Non-admission’, or ‘admission’
  2. Other key information
    -The Claim Number
    -Parties to the dispute
    -The location of the court to which the claim has been allocated
    -A Statement of Truth
19
Q

What happens if the D makes a non-admission or denies the allegation?

A

The burden of the prof lies on the claimant to prove the allegation on the balance of probabilities.

20
Q

What is a Counter Claim?

A

It is brought as part of the defence, but performs an entirely different function.

It must be a claim in its own right, and so more than just a denial of the claim.

It can be based around the same set of facts or it can be entirely different.

PART 20 CIVIIL PROCEDURE RULES

20
Q

What is a reply to the defence?

A

The claimant may optionally reply to the defence if the defence raises issues that have not been covered in the particulars of the claim. The claimant simply needs to specify the areas of defence that they wish to respond to and put to the court their version of events. For example ‘ the defendant claims in paragraph three of the defence that the meeting to negotiate the contract took place on 15th of July at their factory in Manchester. This is denied. The defendant was in London all down the 15th of July and has evidence to support this.’

21
Q

What is the purpose of a counter claim?

A

It saves cost, time, and inconvenience as compared to the defendant issuing a separate claim against the defendants.

22
Q

When can a counter claim be submitted?

A

If it is not submitted at the same time of the defence, it can only be submitted with special permission from the Court.

23
Q

What is the time limit for the original claimant to submit a response to a counterclaim?

A

A defence must be filed within 14 days of the counter claim being served.

The C and D can agree an extension of 28 days if appropriate.

24
Q

How can a party request further information against a statement of case?

A
  1. Send a preliminary request in writing and stating a reasonable date by which a response should be received.

If the request is ignored, or insufficiently responded to, the party may apply to the court for an order requiring the other party to provide the requested information.

25
Q

What part of the Civil Procedure Rules Deals with counterclaims and Additional Claims?

A

Part 20

Dispute Resolution (6 decks)

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