8. Statements of Case Flashcards
What must the claim form contain?
- a concise statement of the nature of the claim
- the remedy which the claimant seeks
- where the claimant is making a claim for money, a statement of value
- where the claim is only for a specified sum, a statement of interest accrued on that sum; and
- contain such other matters as may be set out in a PD
- if C/D are acting in a representative capacity - state this
N.B. if C is not serving the PoCs with the CF, then the CF must state that the PoCs will follow
Can the court grant a different remedy than what is specified in the claim form?
Yes, the court can grant any remedy that the claimant is entitled to.
How precisely does the claimant have to state the value of the claim? (i.e. what can C do if they are not completely sure how much they are likely to get?
The point of stating the value of the claim is to allow the court to allocate the claim to a track. So you can either state an exact amount. If you don’t know you can say that you don’t know. Alternatively, you can state a range, provided the range is one of the following:
- not more than £10,000;
- more than £10,000 but not more than £25,000;
- more than £25,000
Obviously the point is that these are the limits for the tracks.
In a PI case, C MUST also state whether the damages they expect to recover as general damages for pain, suffering and loss of amenity are not more than £1,500 or more than that. (I always forget this)
Does the statement of value limit the amount that the court can ultimately award?
No - the point of it is allocation, it’s not about the substantive rights
What must the claimant disregard when calculating how much they expect to recover?
- that the court may make an award of interest or costs;
- that the court may make a finding of contributory negligence
- that the defendant may make a counterclaim or that the defence may include a set-off
Basically, you’re just interested in the basic value of the claim - nothing more, nothing less
What else do you have to state in the CF if you are bringing proceedings in the HC?
The basis on which you claim that the HC has jurisdiction (e.g. bc the claim is sufficiently valuable (£100,000/£50,000) or bc an enactment confers jurisdiction on it).
What must the PoC include?
- a concise statement of the facts on which C relies
- if the claimant is seeking interest, a statement to that effect
- if C is seeking aggravated damages a statement to that effect + grounds for seeking them
- if C is seeking provisional damages, a statement to that effect and his grounds for claiming them;
- any other matters set out in the PD
Also note: if C is seeking interest they must include additional info about interest -
- the basis on which they are seeking interest (contract, enactment, other)
- the details of how they calculated interest (percentage rate, from which date, to which date, total amount accrued so far, daily rate of interest that is yet to accrue in the future)
What is the maximum length of a statement of case and what do you need to do if yours exceeds it?
25 pages - where it exceptionally exceeds this you need to include an appropriate short summary at the start
Is it enough to specify the address of the solicitor of any of the parties to the claim in the CF (i.e. rather than the party’s address)? What happens if C fails to comply with the relevant rules?
- No - the addresses of all the parties have to be stated as well (i.e. where they reside/carry on business)
- Failure to do so has the consequence that the court will retain the CF and not serve it until D’s full address has been supplied (although the court will still issue the CF)
By which name should parties be referred to in the title of the proceedings:
(i) individuals
(ii) sole traders
(iii) partnerships (other than limited liability partnerships) where the partners are sued in the name of the partnership
(iv) partners that are sued as individuals
(v) company or limited liability partnership registered in EW
(vi) any other company or corporation
- (i) individuals -> full name and title by which they are known
- (ii) sole traders -> full name of individual, title by which they are known, and the full trading name (e.g. Jane Smith “trading as” or “T/as” “JS Autos”)
(iii) partnerships (other than limited liability partnerships) where the partners are sued in the name of the partnership -> full name by which the partners are known + (a Firm)
(iv) partners that are sued as individuals -> like individuals
(v) company or limited liability partnership registered in EW -> full registered name, including suffix
(vi) any other company or corporation -> full name by which it is known + suffix
What must be included in the PoC for personal injury claims?
(1) the claimant’s date of birth, and
(2) brief details of the claimant’s personal injuries
(3) a schedule of details of past and future expenses and losses must be attached to the PoC
(4) any evidence from a medical practitioner which is relied on should be served with/attached to the PoC
Where a clam is made for an injunction or declaration in respect of any land or the possession, use or enjoyment of land what must the PoC state?
Whether or not the injunction or declaration relates to residential premises and identify the land (with reference to a plan if necessary).
What should be attached to the PoC if a claim is based upon a written agreement?
- A copy of the contract or documents constituting the agreement should be attached and the original must be made available at the hearing.
- Any general conditions of sale incorporate in the contract should also be attached.
What should the PoC set out if the claim is based on an oral agreement?
Any contractual words used and sated by whom, to whom, when and where the acts constituting the conduct were done.
What should the PoC set out if the claim is based on a agreement by conduct?
Specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.
What must be included in the PoC if a claimant wishes to rely on evidence of a conviction of an offence or a finding of adjudication of adultery or paternity?
(1) the type of conviction, finding or adjudication and its date.
(2) the court or Court-Martial which made the conviction, finding or adjudication, and
(3) the issue in the claim to which it relates.
What matters must be set out in the PoC if the claimant intends to rely on them?
(1) any allegation of fraud
(2) the fact of illegality
(3) details of any misrepresentation
(4) details of all breaches of trust
(5) notice or knowledge of a fact
(6) details of unsoundness of mind or undue influence
(7) details of wilful default; and
(8) any facts relating to a claim for mitigation expenditure.
What must the PoC state when the claim is for a sum of money expressed in a foreign currency?
(1) that the claim is for payment in a specified foreign currency
(2) why it is for payment in that currency
(3) the Sterling equivalent of the sum at the date of the claim, and
(4) the source of the exchange rate relied on to calculate the sterling equivalent.
What’s different about the formatting of statements of case in clinical negligence claims?
They need to say ‘clinical negligence’ at the top
Can you bring in a new claim in a subsequent statement of case?
No - subsequent statements must not be inconsistent with earlier ones. Where you want to introduce something new you need to apply to the court for permission to amend.
What rules govern the HC’s/CC’s power to award interest?
Found in section 35A of the Senior Courts Act/s. 69 of the County Courts Act 1984. The HC can grant interest whenever it gives judgment for the payment of debt or damages (this applies also if payment is made pre-judgment). The power is very flexible and fully at the discretion of the court:
- Can award interest for only part of the period
- Simple (rather than compound) interest
- The rate is to be determined by the court and the court can specify different rates for different time periods
- Interest is calculated from the date when the cause of action accrued and until: (a) for payments made prejudgment - the date of payment; (b) for sums for which judgment is given - the date of judgment.
Other points to note:
- S. 35A(3) also specifies that if there are proceedings for the recovery of a debt and D pays the debt (other than in pursuance of a judgment in the proceedings), then the court can also award interest (as described above). I assume that the idea is that you can’t escape interest by paying if it looks like it’s going badly for you.
- In PI proceedings that exceed £200, the court has to order interest unless there are good reasons not to
- The court can’t order interest in respect of a period for which interest already runs (for whatever reason)
When does an acknowledgement of service have to be filed (circumstances and time limits)?
- Basically, the CPR (considered in its entirety) requires the defendant to either file a defence within a specified time frame or to acknowledge service.
- Under Pt 8, because you don’t file defences, you always have to acknowledge service (within 14 days of service of the CF - remember that PoCs are optional under Pt 8 so it wouldn’t make sense for time to run from service of the PoCs).
- Under Pt 7, the defendant can choose what they want to do -> either file a defence within 14 days of service of the particulars or acknowledge service within 14 days of service of C’s particulars (which may have been served with the CF or later).
- The only time D has to acknowledge service under Pt 7 (i.e. can’t avoid this by serving a defence) is if D wishes to dispute the court’s jurisdiction. The reason for this is obvious: if D were to file and serve a defence, then D can’t dispute the court’s jurisdiction anymore bc D has taken steps in the substantive proceedings.
