8. Statements of Case

Question 1

What is a ‘Statement of Case’ and who must file one?

Answer 1

Both the claimant and defendant must file a statement of case - documents which contain the details/ a summary of the case they wish to advance.

The must be filed at the court and served on the other party

Question 2

Name three documents which would be included in the Statement of Case?

Answer 2

1. Particulars of Claim
2. Defence
3. Claims under part 20

Question 3

In a claim arising from a road traffic accident, what should always be pleaded if relevant, and why?

Answer 3

Details of any criminal conviction relating to the same offence, as failure to raise this will lead to objections from defendant when you try to further on

Question 4

What two other things should be in the Particulars in a tort case?

Answer 4

1. Details of injury, with medical records
2. Schedule of past and future loss

Question 5

What must a claimaint do when they are claiming interest on damages?

Answer 5

1. State the basis for the claim, i.e., contract, statute
2. State the % interest rate if the claim is for a specified sum

Question 6

What eight things must a claimant include in the Particulars if they wish to rely on them?

Answer 6

1. Allegations of fraud
2. Illegality
3. Misrepresentation
4. Willful Deceit
5. Knowledge of a fact
6. Defendant’s failure to mitigate loss
7. Unsoundness of mind or undue influence
8. Breach of Trust

Question 7

If a defendant wishes to defend a claim, on whom must they serve the defence?

Answer 7

Every other party to the claim

Question 8

What are the three ways in which a defendant can respond to each of the paragraphs in the particulars?

Answer 8

1. Admit
2. Deny
3. Non-admission

Question 9

What occurs when defendant admits a paragraph, and what is the consequence of failing to respond?

Answer 9

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

Question 10

What must a defendant do if they deny a paragraph?

Answer 10

State reasons for doing so, and set out an alternate version of events

Question 11

When may a defendant neither admit nor deny a paragraph?

Answer 11

When the facts alleged in the paragraph are outside the defendant’s knowledge

Question 12

What happens when the defendant admits damages but denies liability?

Answer 12

They are admitting a damages sum, but it will only be payable if the def’s liability can be proved

Question 13

What must the defendant do if they raise a limitation issue in the defence?

Answer 13

State the date on which the defendant alleges the limitation period expired, with the reasons why

Question 14

What is set off, and what type of claims is it most common in?

Answer 14

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.

Question 15

What is a reply, is it mandatory, and when will it typically be used?

Answer 15

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

Question 16

Can the reply be used to rectify mistakes or omissions from the Particulars of Claim?

Answer 16

No. It can only be used to deal with points raised in the defence which were not covered by the Particulars

Question 17

What are the four types of claim available to a defendant under Part 20?

Answer 17

1. Counterclaim
2. Counterclaim against third party
3. Claim against third party
4. Claim seeking contribtion/ indemnity

Question 18

What are the four key features/requirements of a counterclaim?

Answer 18

1. Brought by existing defendant against the claimant
2. Arises out of the same or substantially the same facts as the claimant’s claim against defendant
3. Monetary claim in its own right
4. Is not a defence

Question 19

When will the defendant not require court permission to file a counterclaim, and when will they need court permission?

Answer 19

Does not need court permission if counterclaim is filed with defence.

Does need court permission if filed at any other time.

Question 20

What are three features of a claim against a third party under Part 20?

Answer 20

1. New party will be called a third party
2. Application can be made without notice, unless directed otherwise
3. 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)

Question 21

When will the defendant not require court permission to file a claim against a third party, and when will they need court permission?

Answer 21

Does not need court permission if claim is issued at or before the defence is filed.

Does need court permission if filed at any other time.

Same as counterclaim.

Question 22

What is a claim seeking contribution or indemnity under Part 20?

Answer 22

Notice served on another party that they must pay the serving party some or all of the payment the serving party is ordered to pay the claimant

Question 23

When will the defendant not require court permission to file a claim seeking contribution or indemnity, and when will they need court permission?

Answer 23

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.

Question 24

What is a counterclaim against a third party under Part 20?

Answer 24

A defendant may bring an additional claim against a person against whom the defendant has a monetary claim arising out of the same facts as the main action, where the third party is not already a party to the case

Question 25

What is always required for a counterclaim against a third party under Part 20?

Answer 25

A court order

Question 26

How is an additional Part 20 claim served in cases where permission is not required?

Answer 26

It is served on each party to the claim when the defence is filed

Question 27

How is an additional Part 20 claim served if issued later than the defence?

Answer 27

It must be served on the person against whom it is made within 14 days

Question 28

Within what timescale of service must a defence to a counterclaim be served, and what is the consequence of failing to do so?

Answer 28

Within 14 days of service of the counterclaim. Failing that, the original defendant can obtain judgment on the counterclaim

Question 29

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?

Answer 29

1. File a defence, if already a party
2. File an acknowledgement and/or defence, if not already a party

Question 30

How should you consider a counterclaim from a process and timing perspective?

Answer 30

Think of it in the same way as a standard claim from the perspective of timing, filing requirements, and the availability of default judgment

Question 31

If a party wishes to make a request for information from the other side, do they need to go through the court for this?

Answer 31

Only if the party does not adequately respond

Question 32

If a party objects to responding for a request for information, what should they provide?

Answer 32

Reasons why

Question 33

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?

Answer 33

No hearing: Party has not responded at all
Hearing: all other situations

Question 34

What are five grounds for objecting to a request for information?

Answer 34

1. Unnecessary, irrelevant, or improper
2. Unable to provide information/clarification
3. Insufficient time to reply
4. Disproportionately expensive to reply
5. Privilege

Question 35

What is a required for a request for information to be relevant?

Answer 35

It must relate to matters which are disputed by the parties

Question 36

What is required to amend a Statement of Case before it has been served, and after it has been served?

Answer 36

Before: can be amended at any time without permission
After: written consent of all parties or court permission required

Question 37

If an application is made to add a party to the case, what are the two considerations the court will give, either of which is enough?

Answer 37

1. Desirable to add the new party, so the court can resolve all matters in dispute or
2. Issue involving the new party and an existing party which is connected to the matters in dispute, and it is desirable to add to resolve this

Question 38

What are the two requirements which must be satisfied for a court to grant an application substituting a party?

Answer 38

1. Existing party’s interest or liability has passed to the new party (e.g. assignment, merger) and
2. Desirable to substitute the new party, so the court can resolve all matters in dispute

Question 39

What is required to add or substitute a party after the limitation period has expired?

Answer 39

1. Proceedings must have been started during the relevant limitation period; and
2. The addition or substitution is necessary

Question 40

In determining whether to add or substitute a party after the limitation period has expired, what three things will the court consider (one of which is enough) in determining whether the addition or substitution is necessary?

Answer 40

1. New party is being substituted for someone who was named in the claim form by mistake
2. Claim cannot properly be carried on against the original party, or
3. Original party has died or had a bankruptcy order made against them