6: Statement of Case

Question 1

Response pack = C MUST serve

Answer 1

a Response Pack with the Claim Form. D only needs to respond after PoC are served.

Question 2

PoC MAY be served with:

Answer 2

1. Claim Form; and
2. Particulars of Claim

Question 3

Deadline for serving PoC

PoC MUST be served within

Answer 3

14 days after service of CF; and

PoC MUST be served during 4 month period of validity of Claim Form.

Question 4

Responding to PoC =

When must D respond?

Answer 4

D has 14 days from deemed date of service of PoC to respond by filling:

1. Admission;
2. Acknowledgement of service; and/or
3. A defence

Question 5

If D files A/S within 14 days

What happens?

Answer 5

then he has in total 28 days to file a defence.

Question 6

EXTENSION

D always gets 28 days. There MAY be:

Answer 6

agreement to get extra 28 days to file defence, until max 56 days. Where there is agreement = D MUST notify court IN WRITING.

Question 7

PoC must include: concise statement of facts which C relies. Must not:

Answer 7

· Plead facts

· **Don’t plead evidence**

· **Don’t plead law**

· Must set out all the elements of the cause of action or defence

· Must set out all material particulars

· Enable the other side to understand the case they will have to meet

· Inform the court about all the material facts

· Sets out the case concisely

· And precisely

Question 8

PoC must include:

certain formats:

EXCEPTIONS:

Answer 8

**EXCEPTIONS**

1. Party may give the name of any witness he proposes to call. This is limited to name of witness, NOT their evidence.
2. Party may refer in his SoC to any point of law on which his claim or defence is based.

Question 9

STATEMENT OF TRUTH

All SoC MUST be

Answer 9

verified with SoT.

Question 10

A SoC without a SoT

(what happens)

Answer 10

A SoC without a SoT remains effective unless struck out.

Question 11

What must the PoC do if it is for:

Injunction claims for LAND?

Answer 11

PoC MUST identify the land (ref to plan where necessary) + state if land is residential.

Question 12

What must the PoC do if it is for:

Claims for possession of goods =

Answer 12

PoC MUST include statement of value of goods.

Question 13

A well drafted PoC includes fact specific:

Answer 13

1. Particulars of negligence/breach of contract
2. Particulars of loss and damage

Question 14

What happens if there is a failure to give sufficient particulars of negligence in the PoC?

Answer 14

Court will be slow to strike out failing to give sufficient particulars of negligence. But where C is given opportunity to prove particulars + fails = strike out MAY be appropriate.

Question 15

Specific requirements to provide Particulars in any statement of case (not just PoC) of:-

Answer 15

(1) fraud
(2) illegality
(3) misrepresentation
(4) breach of trust
(5) notice or knowledge of any fact
(6) unsoundness of mind or undue influence
(7) wilful default
(8) mitigation of loss

It is NOT open to the court to read allegations of undue influence or unconscionable bargain into an imprecisely drawn SoC. Judge MUST remain scrupulously impartial.

Question 16

A SoC MUST speak of:

Answer 16

1. Interest
2. Damages
   
   1. Aggravated damages
   2. Exemplary damages
   3. Provisional damages; and
      
      1. provisional damages are claimed under SCA 1981, s 32A or CCA 1984 s 51
      2. that there is a chance that at some future time C will develop some serious disease or suffer some serious deterioration
      3. specify the disease or type of deterioration

Question 17

CONVICTIONS

C who wishes to rely on evidence:

1. Conviction
2. Finding or adjudication of adultery or paternity.

MUST include in his PoC:

Answer 17

1. Type of conviction, finding or adjudication and its date;
2. Court or Court-Martial which made the conviction, finding or adjudication; and
3. Issue in the claim to which it relates

Question 18

Personal injuries claims - PoC must include:

Answer 18

• C’s date of birth
• Brief details of C’s injuries
• Attach a schedule of past and future expenses and losses verified by SoT.
• Attach or serve a medical report about his injuries
• Clinical negligence claims must have “clinical negligence” at the top of every statement of case.

Question 19

Contract claims - PoC must include:

Answer 19

• if based on a written agreement, a copy of the contract or the documents constituting the agreement should be attached or served with the PoC
• general conditions of sale incorporated into the contract should be attached
• if based on conduct, specify the conduct, by whom, when and where
• if based on an oral agreement, set out
• the contractual words used
• by whom and to whom
• when and where
• if contract is in foreign currency, the sterling equivalent and source of the exchange rate

Question 20

DEFENCES

In his defence, D MUST state:

Answer 20

1. Which allegation he denies, admits or requires C to prove.

Where D denies an allegation, he MUST state his reasons for doing so + put forward a different version of events. Where it’s a money claim, D will be taken to require allegation about money to be proved unless expressly admits. Otherwise, D who fails to deal with an allegation WILL be taken to admit that allegation. Where D fails to deal with allegation, but sets out in his defence the nature of his case = WILL be taken to require allegation be proved.

Question 21

DEFENCES

If D hasn’t files A/S, D MUST

Answer 21

give address for service.

Question 22

DEFENCES

A D who is an individual MUST

Answer 22

provide his DOB.

Question 23

Personal injuries claims

The Defence must:

Answer 23

• respond to medical report by admitting, requiring to prove, or denial
• attach D’s rival medical report
• respond to the SSD, and attach a counter schedule of loss and damage

D MUST give details of expiry of any relevant limitation period. Any matters in mitigation, limitation or reduction MUST be stated in the defence.

Question 24

What is Set off?

Answer 24

SET-OFF

Where D contends he is entitled to money from C and relies on this as a defence, the contention MAY be included in defence + set off against claim, whether or not also Part 20 claim.

Question 25

Established set-off situations:

Answer 25

1. Mutual debts
2. Under the Sale of Goods Act 1979
3. On a claim for the price of services
4. Arrears of rent
5. Equitable set off

Question 26

What is:

equitable set off?

Answer 26

cross-claim is so closely connected with the claim that it would be manifestly unjust to allow the claimant to enforce payment on the claim without taking into account the cross-claim.

Question 27

What are the factors of equitable set off:

Answer 27

Factors:

1. Close connection
2. Manifestly unjust to enforce the claim without taking into account the cross-claim.

Question 28

Counterclaim = D MAY make a counterclaim against C –

Answer 28

1. Without permission if he files it with his defence; or
2. Any other time, with permission.

A counterclaim MUST be issued by Court + fee must be paid;

Question 29

What must happen for a counterclaim?

Answer 29

A counterclaim MUST be issued by Court + fee must be paid;

A counterclaim must be served on C.

No A/S is required

C MUST file Defence to Counterclaim;

Otherwise D can enter default judgment against Counterclaim.

Question 30

Counterclaim against someone NOT C

D MUST

Answer 30

• apply to court for an ORDER that the person be added as an additional party. MAY ne made without notice. Where it makes order, it WILL give directions as to case management.

Defence to counterclaim = REQUIRED.

Question 31

REPLY

C who doesn’t file a reply to the defence will

Answer 31

NOT be taken to admit the defence = he requires D to prove it.

Question 32

REPLY

Contradictory/inconsistent allegations =

Answer 32

Subsequent SoC must NOT contradict/be inconsistent with earlier one. Where new matters come to light – get court’s permission to amend. Reply MUST be verified by SoT. Reply MUST be filed + served with C’s directions questionnaire. Deadline is stated in the provisional allocation notice.

Question 33

What is the deadline for replies?

Answer 33

14 days after provisional allocation notice (small track)

28 days = fast + multi track

If D made counterclaim, C MUST serve defence to counterclaim within 14 days.

MUST file WITH Directions questionnaire.

Question 34

Statements of case include:

They include:

Answer 34

1. the claim form
2. particulars of claim
3. defence
4. counterclaim
5. additional claims under Part 20
6. reply to defence
7. any further information

Question 35

CF MUST contain:

Answer 35

1. a concise statement of nature of claim
2. specify remedy C seeks
3. Where C’s claim is for a specified sum, contain a statement of interests;

Where D disputes the courts jurisdiction, he MUST return the A/S to court within 14 days after service PoC. A counterclaim may be filed WITHOUT PERMISSION IF filled with defence.