8. Statements of Case

Question 1

What is the purpose of the Particulars and what must it provide to be adequate?

Answer 1

Provide an outline of the party’s case on liability, causation, and quantum to allow the judge to give proper directions

Question 2

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

Answer 2

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 3

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

Answer 3

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

Question 4

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

Answer 4

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

Question 5

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

Answer 5

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

Question 6

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

Answer 6

Every other party to the claim

Question 7

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

Answer 7

1. Admit
2. Deny
3. Non-admission

Question 8

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

Answer 8

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 9

What must a defendant do if they deny a paragraph?

Answer 9

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

Question 10

When may a defendant neither admit nor deny a paragraph?

Answer 10

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

Question 11

What happens when the defendant admits damages but denies liability?

Answer 11

They are admitting a damages sum, but it will only be payable if the court finds the claim is proved

Question 12

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

Answer 12

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

Question 13

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

Answer 13

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 14

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

Answer 14

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 15

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

Answer 15

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

Question 16

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

Answer 16

1. Counterclaim
2. Claim against a third party
3. Claim seeking contribution or indemnity
4. Counterclaim against a third party

Question 17

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

Answer 17

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 18

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

Answer 18

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

Does need court permission if filed at any other time.

Question 19

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

Answer 19

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 20

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

Answer 20

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 21

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

Answer 21

Defendant claims that if they are found liable to the claimant, another party should be liable to replay some of the amount (contribution) or all of the amount (indemnity)

Question 22

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

Answer 22

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 23

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

Answer 23

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 24

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

Answer 24

A court order

Question 25

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

Answer 25

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

Question 26

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

Answer 26

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

Question 27

Within what timescale of service must a defence to a Part 20 claim be served, and what is the consequence of failing to do so?

Answer 27

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

Question 28

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 28

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

Question 29

How should you consider additional claims from a process and timing perspective?

Answer 29

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 30

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 30

Only if the party does not adequately respond within a reasonable time

Question 31

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

Answer 31

Respond providing reasons why

Question 32

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 32

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

Question 33

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

Answer 33

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

Question 34

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

Answer 34

It must relate to matters which are disputed by the parties

Question 35

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

Answer 35

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

Question 36

What must the court be convinced of to add a party to a case?

Answer 36

Adding the party will allow the court to resolve all the matters in the case or resolve a connected matter

Question 37

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

Answer 37

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 38

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

Answer 38

1. Relevant limitation period must have been live when proceedings were started, and
2. The addition or substitution is necessary

Question 39

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 39

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