6) Statements of case Flashcards
Statements of case - Definition
Statements of case are the formal documents in which the parties concisely set out their respective cases. 1st - the claim form and particulars of claim start the process. 2nd - a defence will be filed by the defendant.
May also have a reply, counterclaim, defence to a counterclaim and a request for further information. Where a solicitor prepares a party’s statement of case it should be signed in the name of the firm
Particulars of claim - What it must include
The document must include:
- A concise statement of the facts on which the claimant relies. This means that it must outline all the facts giving rise to the dispute to demonstrate the required elements of the cause of action on which the claim is based
- If the claimant is seeking interest a statement to that effect and the details
Particulars of claim - Claim based on breach of contract - Layout
1) The status of the parties
2) Chronological events explaining what has occurred
3) Existence of contract consist of date, type (written or oral), parties, subject matter and consideration
4) Terms - express and implied
5) Breach alleged and particularised - which terms breached and how.
6) Under a heading of Particulars of Breach the details of exactly what the claimant alleges the defendant did wrong must be itemised
7) Factual consequences - what happened as a result of what the defendant did wrong
8) Damage and loss alleged and particularised - loss must be alleged and then they should be itemised
9) Interest - Where the remedy sought by the claimant is either damages or the repayment of a debt the court may award interest on the sum outstanding
10) Summary of relief
11) Statement of truth
Particulars of claim - Claim based on Negligence
Will be approached in a similar way although the content will differ to reflect the legal elements of duty of care, breach of duty, causation and loss
Defence - What the document should state
The defence must state, for each allegation whether it is:
- Denied - if you deny the claimant has to prove the allegation
- Not admitted - claimant has to prove it. No knowledge or don’t have circumstances of the breach
- Admitted
Defence - Denies allegation
Where a defendant denies an allegation they must state:
- Their reasons for doing so
- Their own version of events if different from that given by the claimant
Defence - Content
- Name of the court
- Claim number
- The parties
- The title (defence)
- The date and signature of the solicitors in the name of the firm
- The statement of truth
- Details of who is to be served and where
If the defendant alleges that the relevant limitation period for the claim has expired the details of this must be given in the defence
Part 20 claims - Definition
A defendant may wish to make their own claim against a claimant or to bring another party into the proceedings
Part 20 claims - Counterclaim and defence
A defence and counterclaim is where a defence and a new claim are set out in a new document - document is then sub-divided into 2 sections with the defence outlined at the beginning and the counterclaim following after. Rather than repeat aspects that have already been included in the statements of case, the counterclaim will refer back to the defence. Counterclaim will set out allegations of loss resulting from the claimants’ breach. If this is filed with the defence the court’s permission is not required
Part 20 claims - Additional claims
Part 20 also applies to additional claims made by a defendant for a contribution or indemnity or some other remedy against a person whether or not they are already a party - common where a defendant wishes to pass the blame either in whole or in part onto a 3rd party. If the person is already a party to proceedings the court’s permission is not required otherwise the court’s permission is
Indemnity
Where a third party will cover financial losses of damages caused by defendant. This may arise where there is a contractual relationship between the defendant and the third party in which the third party is obliged by the terms of a contract to indemnify the defendant if they are found liable for a claim
Reply to defence
Under no obligation to reply
Defence to counterclaim
Must file within 14 days
Amendments to statements of case - Prior to expiry of limitation period
After filing but before service - Amendments may be made at any time.
After filing and service - only with the consent of all of the parties or the permission of the court
Amendments to statements of case - After the expiry of limitation period
Court may allow an amendment only in the following circumstances:
- To add or substitute a new claim if this arises out of the same or substantially the same facts as an existing claim
- To correct a mistake as to the name of a party
- To alter the capacity in which a party claims
