8. Statements of Case

Question 1

When (in what circumstances) must a defendant file an acknowledgement of service?

Answer 1

If they are unable to file a defence within the period specified; or
They wish to dispute the court’s jurisdiction

Question 2

What are the consequences of not filing an acknowledgment of service?

Answer 2

If they do not file this or a defence, the claimant may obtain default judgment

Question 3

What is the period for filing an acknowledgement of service?

Answer 3

14 days after service of the particulars of claim where the defendant is served with a claim form that states that POCs are to follow, or 14 days after service of the claim form in any other case.

Subject to other rules (6.35, 6.12, 6.37)

Question 4

What should the contents of the defence be?

Answer 4

It must deal with every allegation in the POCs, stating which of the allegations are denied; which allegations they are unable to admit or deny, but which they require the claimant to prove; and which allegations they admit.
Where they deny an allegation:
They must state their reasons and put any different version of events within this if they intend to do so.

Question 5

What happens where a defence fails to deal with an allegation but sets out the nature of their case to which the allegation is relevant?

Answer 5

The claimant is required to prove the allegation.

Question 6

What happens where a defence simply fails to deal with an allegation?

Answer 6

It is taken as proven

Question 7

What happens re money claims in defences?

Answer 7

The claimant is required to prove them unless the defence expressly admits the allegation

Question 8

What must the defence do if it disputes the claimant’s statement of value?

Answer 8

They must state why they dispute it and give their own value of the claim

Question 9

What must happen in a defence where a person is defending in a representative capacity?

Answer 9

They must state what their capacity is

Question 10

What must be in the defence if the defendant has not filed an acknowledgement of service?

Answer 10

They must give an address for service

Question 11

What should be included in the defence where a defendant is relying on set-off?

Answer 11

That contention may be included in the defence and set off against the claim, whether or not it is also an additional claim

Question 12

Must the defendant prove what is contained within him defence?

Answer 12

Yes if the claimant does not file a reply.
If the claimant does file a reply but fails to deal with a matter, the defendant must prove that matter even though it is not dealt with

Question 13

Is a defence always required?

Answer 13

No, if a claim form has been issued and served the court may make an order that the claim will continue without any other statement of case

Question 14

What must happen if a claim is made for a sum of money expressed in a foreign currency?

Answer 14

It must express that it is a claim for payment in a specified foreign currency, why it is being claimed, the sterling equivalent, the source of the exchange rate

Question 15

May a subsequent statement of case contradict or be inconsistent with an earlier one?

Answer 15

No; if there has been matters which means there should be an amendment the party can ask for one.

Question 16

What must happen to a statement of case in a clinical negligence claim?

Answer 16

It must contain the words “clinical negligence” at the top of every statement of case

Question 17

Must the defence be verified by a statement of truth?

Answer 17

Yes

Question 18

Where the claimant has attached a medical report to their POCs, what should the defendant include in their defence?

Answer 18

Where the claimant has attached a medical report, the defendant should:
State in the defence whether they agree, dispute, or have no knowledge of the matters contained in the medical report;
Where disputing, give reasons why;
Where having obtained their own report, attach it

Question 19

Where the claimant has included a schedule of past and future expenses and losses, what should the defence include?

Answer 19

A counter-schedule stating:
Each of the items they agree, dispute, or has no knowledge of
Supply alternative figures when disputing where appropriate

Question 20

What must the defence contain when it is relying on a limitation period?

Answer 20

Must give details of any relevant limitation relied upon

Question 21

May a defence contain points of law?

Answer 21

Yes, and they may attach to it a copy of it

Question 22

May a defence contain names of witnesses they propose to call?

Answer 22

Yes, and they may attach any document necessary to their case

Question 23

Must a defendant file a defence when part 8 is being used?

Answer 23

No

Question 24

Must a defence be filed when a defendant wishes to defend all or part of a claim?

Answer 24

Yes

Question 25

What is the consequence of not filing a defence?

Answer 25

The claimant may obtain default judgment

Question 26

What is the period for filing a defence?

Answer 26

General rule is 14 days after POC or 28 days after POC where acknowledgment of service is filed

Question 27

May the period for filing the defence be extended by agreement?

Answer 27

Yes, by up to 28 days. They must notify the court in writing

Question 28

Must a copy of the defence be served and, if so, who to?

Answer 28

Yes, on every other party

Question 29

What should happen where a defendant files a defence and a counterclaim?

Answer 29

They should form one document with the counterclaim following the defence

Question 30

What must happen where a claimant files a reply to the defence?

Answer 30

The claimant must file it with a directions questionnaire, serve the reply at the same time it as filed on all other parties, and it should form one document with any defence to counterclaim, with the defence following the reply unless the dates on which they are due differ from one another

Question 31

Can any statement of case be filed after a reply?

Answer 31

They cannot unless the court gives permission

Question 32

What notice will be given where the defence is that money claimed has been paid?

Answer 32

The court will send notice to the claimant requiring him to state in writing whether they wish proceedings to continue. A copy of the response must be served on the defendant at the same time as it is filed

Question 33

What happens if a claimant fails to respond to a notice where the defence is that money claimed has been paid?

Answer 33

The claim shall be stayed if no response is received within 28 days. Any stay can be lifted on application of any party, but must include an explanation for the delay

Question 34

What happens where a claim is not defended or admitted and no application for default judgment is made?

Answer 34

After 6 months since the period for filing a defence, the claim shall be stayed. A party can apply for the stay to be lifted but must do so with an explanation of the delay

Question 35

What must the claim form contain?

Answer 35

A concise statement of the nature of the claim; What remedy the claimant seeks; The address of the claimant and defendant (if known), notwithstanding if either have solicitors who are accepting service A statement of value (for track allocation purposes) or that the claimant cannot say In a personal injuries claim, whether how much they expect to recover for PSLA is less or more than £1,500 A statement of interest where the claim is for a specified sum If against the crown, the names of the government departments and officers concerned and brief details of the circumstances liability arose If not a fixed costs claim, ‘to be assessed’ for costs If POC is not with the claim form, that they are to follow If acting/suing a defendant in a representative capacity, what that capacity it is. If issuing in the High Court: a. state the claimant expects to recover more than £100,000, or b. specify which enactment requires it to be started in the high court if required, or c. if for personal injuries the claimant expects to recover more than £50k, or d. that the claim is to proceed in one of the specialist high court lists and in which

Question 36

Is a court restricted to granting remedies contained in the claim form?

Answer 36

No. it can grant any to which the claimant is entitled

Question 37

When making a statement of value on a claim form, what is disregarded?

Answer 37

Interest, costs, contrib neg, set off, or any recovery of benefits.

Question 38

Does a statement of value on a claim limit the amount a court can give?

Answer 38

No

Question 39

What must the particulars of claim contain?

Answer 39

A concise statement of facts A statement that he is seeking interest and under what terms, at what percentage rate, from what date, to which date, the total amount of interest, and the daily rate If he is seeking aggravated damages or exemplary damages, a statement to that effect and the grounds for it If the claimant is seeking provisional damages, a statement to that effect and the grounds for doing so

Question 40

What should happen if a statement of case exceeds 25 pages excluding schedules?

Answer 40

It must start with an appropriate short summary.

Question 41

What can happen if no address is given in the claim form?

Answer 41

(other than security for costs), the court will retain it until the claimant supplies a full address or the court dispenses with the requirement

Question 42

What must the claim form be headed with?

Answer 42

The title of the proceedings, including the full name of each party where it is known

Question 43

Where the claim is for personal injuries, what should be set out?

Answer 43

The claimant’s date of birth and detail of his injuries. There should also be a schedule of past and future expenses and losses There also should be a report attached from a medical practitioner where this will be relied upon

Question 44

What other things should be included with a particulars of claim?

Answer 44

Where it is for an injunction or declaration in respect of land, whether that relates to residential premises and identification of the land in issue Where a claim is brought to enforce a right to recover possession of goods, a statement of value of the goods Where a written agreement is its basis, a copy of the documents (with originals for the hearing) and any general conditions also attached Where based upon an oral agreement, the words use by whom, to whom, and when If based upon agreement by conduct, specify the conduct relied on by whom, when and when If relating to a consumer credit agreement, that this is not one which section 141 consumer credit act 1974 applies.

Question 45

What matters must be specifically set out in the poc?

Answer 45

Whether a claimant is relying upon a conviction or An adjudication of adultery or paternity, Also to set out when, the court or court-martial which made it, and the issue to which it relates. They must also specifically plead fraud, illegality, misrep, breaches of trust, notice or knowledge of a fact, details of unsoundness of mind or undue influence, wilful default, and any facts relating to a claim for mitigation expenditure

Question 46

What must a claim for a sum of money in a foreign currency state?

Answer 46

That the claim is for payment of a specified foreign currency Why The sterling equivalent The source of the exchange rate

Question 47

Can any statement of case contradict or be inconsistent with an earlier one?

Answer 47

No. they should amend it

Question 48

In a claim for clinical negligence, what should happen with every statement of case?

Answer 48

The words clinical negligence be inserted at the top