8. Statements of Case Flashcards
When (in what circumstances) must a defendant file an acknowledgement of service?
If they are unable to file a defence within the period specified; or
They wish to dispute the court’s jurisdiction
What are the consequences of not filing an acknowledgment of service?
If they do not file this or a defence, the claimant may obtain default judgment
What is the period for filing an acknowledgement of service?
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)
What should the contents of the defence be?
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.
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?
The claimant is required to prove the allegation.
What happens where a defence simply fails to deal with an allegation?
It is taken as proven
What happens re money claims in defences?
The claimant is required to prove them unless the defence expressly admits the allegation
What must the defence do if it disputes the claimant’s statement of value?
They must state why they dispute it and give their own value of the claim
What must happen in a defence where a person is defending in a representative capacity?
They must state what their capacity is
What must be in the defence if the defendant has not filed an acknowledgement of service?
They must give an address for service
What should be included in the defence where a defendant is relying on set-off?
That contention may be included in the defence and set off against the claim, whether or not it is also an additional claim
Must the defendant prove what is contained within him defence?
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
Is a defence always required?
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
What must happen if a claim is made for a sum of money expressed in a foreign currency?
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
May a subsequent statement of case contradict or be inconsistent with an earlier one?
No; if there has been matters which means there should be an amendment the party can ask for one.
What must happen to a statement of case in a clinical negligence claim?
It must contain the words “clinical negligence” at the top of every statement of case
Must the defence be verified by a statement of truth?
Yes
Where the claimant has attached a medical report to their POCs, what should the defendant include in their defence?
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
Where the claimant has included a schedule of past and future expenses and losses, what should the defence include?
A counter-schedule stating:
Each of the items they agree, dispute, or has no knowledge of
Supply alternative figures when disputing where appropriate
What must the defence contain when it is relying on a limitation period?
Must give details of any relevant limitation relied upon
May a defence contain points of law?
Yes, and they may attach to it a copy of it
May a defence contain names of witnesses they propose to call?
Yes, and they may attach any document necessary to their case
Must a defendant file a defence when part 8 is being used?
No
Must a defence be filed when a defendant wishes to defend all or part of a claim?
Yes
What is the consequence of not filing a defence?
The claimant may obtain default judgment
What is the period for filing a defence?
General rule is 14 days after POC or 28 days after POC where acknowledgment of service is filed
May the period for filing the defence be extended by agreement?
Yes, by up to 28 days. They must notify the court in writing
Must a copy of the defence be served and, if so, who to?
Yes, on every other party
What should happen where a defendant files a defence and a counterclaim?
They should form one document with the counterclaim following the defence
What must happen where a claimant files a reply to the defence?
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
Can any statement of case be filed after a reply?
They cannot unless the court gives permission
What notice will be given where the defence is that money claimed has been paid?
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
What happens if a claimant fails to respond to a notice where the defence is that money claimed has been paid?
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
What happens where a claim is not defended or admitted and no application for default judgment is made?
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
