8. Statements of Case Flashcards
What is the purpose of a Statement of Case and what must it provide to be adequate?
The purpose is to provide an outline of the party’s case on liability, causation, and quantum.
To be adequate, it must provide details of the cause of action, the exact nature of allegations, and the financial consequences.
In a claim arising from a road traffic accident, what should always be pleaded if relevant, and why?
Details of any criminal conviction relating the same offence, as failure to raise this will lead to objections from defendant when you try to further on
What two other things should be in the Particulars in a tort case?
- Details of injury, with medical records
- Schedule of past and future loss
What must a claimaint do when they are claiming interest on damages?
- State the basis for the claim, i.e., contract, statute
- State the % interest rate if the claim is for a specified sum, the date the claim for interest ends, and the total amount claimed.
What eight things must a claimant include in the Particulars if they wish to rely on them?
- Allegations of fraud
- Illegality
- Misrepresentation
- Breach of trust
- Knowledge of a fact
- Unsoundness of mind or undue influence
- Willful deceit
- Defendant’s failure to mitigate loss
If a defendant wishes to defend a claim, on whom must they serve the defence?
Every other party to the claim
What are the three ways in which a defendant can respond to each of the paragraphs in the particulars?
- Admit
- Deny
- Non-admission
What occurs when defendant admits a paragraph, and what is the consequence of failing to respond?
The paragraph is no longer in dispute and the claimant does not have to prove it.
Failure to respond means a paragraph is deemed admitted
What must a defendant do if they deny a paragraph?
State reasons for doing so, and set out an alternate version of events
When may a defendant neither admit nor deny a paragraph?
When the facts alleged in the paragraph are outside the defendant’s knowledge
What happens when the defendant admits damages but denies liability?
They are admitting a damages sum, but it will only be payable if the court finds the claim is proved
What must the defendant do if they raise a limitation issue in the defence?
State the date on which the defendant alleges the limitation period expired, with the reasons why
What is set off, and what type of claims is it most common in?
Where a claimant sues defendant, but defendant is owed money by the claimant, they may apply to have the amount of damages they will have to pay set off by the amount owed to them.
Most common in debt claims.
What is a reply, is it mandatory, and when will it typically be used?
A reply is an optional response sent by claimant to defendant, usually only if something has been raised in the defence which requires a response
Can the reply be used to rectify mistakes or omissions from the Particulars of Claim?
No. It can only be used to deal with points raised in the defence which were not covered by the Particulars