8. Statements of Case Flashcards
How should addresses be listed on the claim form?
The parties’ addresses are the addresses for service, but the claimant must also indicate an address where it resides or carries on business, if different
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 claimant do to claim 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
How many days does a claimant have to file their amended statements of case?
14 days from date permission was granted
What are the CPR requirements where aggravated/exemplary damages are claimed?
Aggravated damages, exemplary damages and/or provisional damages alongside grounds for claiming them (CPR 16.4).
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 by requesting further information
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 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
What are the four types of claim available to a defendant under Part 20?
- Counterclaim (20.4)
- Claim against another person (20.5)
- Claim seeking contribution or indemnity (20.6)
- Other additional claims (20.7)
When will the defendant not require court permission to file a counterclaim, and when will they need court permission?
Does not need court permission if counterclaim is filed with defence.
Does need court permission if filed at any other time.
What are three features of a counterclaim against a party other than the claimant (20.5)?
- New party will be called a third party
- Application can be made without notice, unless directed otherwise
- Particulars of the new claim must be contained in or served with the claim (no option for them to follow as with an initial claim)
When will the defendant require court permission to bring a CPR 20.6 claim?
Does not need court permission if claim is filed and served with defence OR claim is against third party who was not added to the claim until later in the action, and that party is served within 28 days of filing their defence.
Does need court permission if filed at any other time, subject to that one late third party exception.
Past the limitation period, when would the addition or substitution of a party be necessary, and this permissible?
(a) Mistakenly named party on claim form
(b) Claim cannot properly be carried on by or against the original party unless the new party is added or substituted as claimant or defendant; or
(c) the original party has died or become bankrupt so liability has passed to the new party.
Within what timescale of service must a defence to a counterclaim be served, and what is the consequence of failing to do so?
Within 14 days of service of the counterclaim. Failing that, the original defendant can obtain judgment on the counterclaim
Where additional claims are brought by the defendant, what must the additional party do where (1) they are already a party to the case, and (2) they are not already a party to the case?
- File a defence, if already a party
- File an acknowledgement and/or defence, if not already a party
What steps must a party take when making Part 18 request ?
- Make voluntary request
- Apply to court if no response is obtained or party objects.
What are Part 18 requested used for?
Made to request information to clarify oppoent’s position in relation to the claim.
* request must be reasonably necessary and proportionate.
* Confined to relevant matter.
* May serve to assist in narrowing issues in dispute.
In the context of a request for information, when will the court have a hearing to consider the matter, and when will they consider the matter without a hearing?
No hearing: Party has not responded at all
Hearing: all other situations