5. Statements of Case

Question 1

If a claim has both specified and unspecified components (ie. a debt claim with damages), how is the case classified for the purpose of a ‘particulars of claim’ form?

Answer 1

It is treated as an unspecified claim

Question 2

What should be written in the ‘particulars of breach’ section of a particulars of claim form?

Answer 2

This section should set out exactly what the respondent ‘did wrong’ (which explains how the breach occurred), (ie. The revolving stage required a motor engine at least twice the size and power of that selected and installed by the defendant.)

Question 3

If the respondent wishes to deny an accusation in the PoC form, what additional details must follow?

Answer 3

The respondents response / defence should explain why they deny it (must provide reasons)

Question 4

If the defendant wishes to argue that the claim was made outside of the limitation period, what additional information must be provided?

Answer 4

When it began and expired and whether it ran under the terms of the Contract or the Limitation Act 1980) then the burden of proof is transferred to the claimant to show that the claim is not time-barred

Question 5

When does the burden of proof shift to the defendant?

Answer 5

1) If alleging contributory negligence of the claimant
2) if alleging that the claimant failed to mitigate their loss
- must make it clear why etc.

Question 6

Three options for a defendant served with a particulars of claim form / statement of claim:

Answer 6

1. Admit
2. Not admit
3. Deny

Question 7

If a defendant returns their defence to the SoC / PoC without addressing certain claims, what happens?

Answer 7

GR: Omissions are interpreted as admissions

Question 8

Does the defendant require the court’s permission to file a counterclaim?

Answer 8

Generally, No
- Unless, the defence has ALREADY BEEN FILED

Question 9

Three types of ‘additional claims’ which the defendant may wish to make

Answer 9

1. Contribution
2. Indemnity
3. Additional claims against a non-party

Question 10

When might a defendant claim an indemnity from a third party?

Answer 10

i. contractual relationship between defendant and the third party (eg. third party is supplied of goods)
ii. third party is obliged by the terms of a contract to indemnify the defendant if they are found liable for the claim.
OR
iii. third party is required to indemnify defendant due to relevant statute

Question 11

Requirements for a defendant to claim a contribution from a third party?

Answer 11

If the defendant and third party are joint wrong-doers AND defendant wishes to allege that the third party is partly responsible for the harm outlined by the claimant

Question 12

Additional claims against a third party: when can the defendant make this claim?

Answer 12

Either before defence has been filed (without court’s permission) or after (with permission)

Question 13

Must a claimant file a reply to the defence?

Answer 13

No, but may wish to if matters are brought up in the defence which are NOT covered by the particulars of claim form

Question 14

When might a defendant decide to pursue an indemnity against a third party rather than a separate claim form?

Answer 14

i. Separate claim is more expensive
ii. Courts might be different for each claim (giving different answers)

Question 15

If D makes a counterclaim against C, what next?

Answer 15

If C wants to dispute counterclaim, they must file a defence within 14 days (or up to 28 days if an extension has been agreed by the defendant)

Question 16

If D issues a counterclaim against C and C DOES NOT file a defence, what can D do?

Answer 16

D may apply for a judgement in default

Question 17

What comprises the ‘statement of case’

Answer 17

1. Claim form
2. Particulars of claim
3. potentially, the defence

Question 18

If a solicitor prepares the statements of case for a client, how should it be signed?

Answer 18

It should be signed by the solicitor in the name of the firm

Question 19

Three ways of claiming interest in a breach of contract claim:

Answer 19

1. Provision in the Contract
2. No provision, but commercial debt claim, Late Payment of Commercial Debts (interest) Act 1998
3. All other cases:Court can use their discretion to award interest under s 35A Senior Courts Act 1981 (High Court) or s 69 County Courts Act 1984 (County Court)

Question 20

Can the court award interest on damages in negligence claims?

Answer 20

Yes: Court can use their discretion to award interest under s 35A Senior Courts Act 1981 (High Court) or s 69 County Courts Act 1984 (County Court)

Question 21

If a party has filed the statements of case but not served it (before limitation period) and wants to make an amendment - what must they do?

Answer 21

They can amend at any time

Question 22

If a party has filed and served statements of case, how can they amend this (before expiry of limitation period)

Answer 22

Require
1. Written consent of all parties
2. permission of the court
- must apply with copy of statement of case and proposed amendments with an application notice

Question 23

If the limitation period has expired, is amendment to the statements of case possible?

Answer 23

Amendment allowed only in these 3 circumstances:
1. to add or sub a new claim, if this arises out of the same or substantially the same facts as an existing claim
2. to correct a (genuine) mistake as to the name of a party
3. to alter the capacity in which a party claims

Question 24

Part 18 Request

Answer 24

Request for more information, can be made at any time by anyone (including the court) to clarify or give more information