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Civil Litigation > Chapter 3- Statements Of Case > Flashcards

Chapter 3- Statements Of Case Flashcards

1
Q

What’s the purpose of a statement of case?

A

Set out the facts relied on and the factual allegations made in support of the party’s case

  • Informs the parties of the others case
  • Allows points to be identified
  • Provides a judgement with a concise statement of the case
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2
Q

What are the main statements of case?

A
  • Claim form
  • Particulars of claim
  • Defence
  • Counterclaim
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3
Q

What must every statement of case contain (5A and 7A PD)?

A
  • Heading
  • Numbered paragraphs
  • Pages numbered consecutively
  • All numbers and dates in figures
  • Reference in the margin to all documents already filed at court
  • Name of person who drafted document
  • Statement of truth
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4
Q

What should a heading include?

A
  • Number of the proceedings
  • Court
  • Full name of each party
  • Party’s status in the proceedings
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5
Q

If particulars of claim are served separately what formal parts must it contain?

A
  • The heading
  • C’s address for service
  • A statement of truth
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6
Q

What must the particulars of claim contain?

A

A concise statement of the facts on which C relies
Cover the essential elements of C’s cause of action
Background facts

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7
Q

How would a particular of claim begin?

A
  • At all material times C (profession or business) and D (profession or business)
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8
Q

What do you put at the end of the Particulars of Claim?

A
  • Claim for interest
  • Prayer
  • Individual who drafted the statement of case
  • Statement of truth
  • Signature
  • Date of being served
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9
Q

Where must a statement of truth be?

A

Shouldn’t be the first item on a page

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10
Q

What does a statement of truth entail?

A
  • I believe that the facts stated in this Particulars of Claim are true
  • The Claimant believes the PoC are true. I am duly authorised by C to sign this statement
  • Solicitors may be prevented by own company’s policy
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11
Q

How to structure the particulars of claim?

A

Duty
Breach
Causation
Loss

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12
Q

How to draft a duty?

A

By a contract dated X, C and D agreed…. The copy of the contract is attached

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13
Q

How to draft a breach?

A

For a contract

  1. X did their side of the bargain
  2. Provide a trigger point from which D becomes liable to do their side

May want to include some Particulars of Breach

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14
Q

How to draft causation?

A

As a result of

As a result of the breach referred to in para X, C has suffered loss and claims the sum of Y

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15
Q

Where may the right to interest come from?

A

Contract
S35A Senior Courts Act
S69 County Courts Act

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16
Q

How could you set out the paragraphs claiming interest?

A
  • Calculate the exact amount of interest- From the due date of the invoice to today’s date at the rate of X% per annum in the total sum of Y

Further C claims interest as above from today’s date until judgement or earlier payment at a daily rate of £Y

  • Pleading the interest generally- At such rate and for such period as the court sees fit
17
Q

What is the statutory rate per annum?

A

8%

18
Q

What is a prayer?

A

Summary of the remedies sought

19
Q

How to phrase a prayer?

A

AND THE CLAIMANT CLAIMS
I) Said sum
II) Interest
III) Further interest

20
Q

What must the defence document do?

A

React to every point in C’s particulars of claim (each point must be dealt with individually)
State full particulars of D’s own case

21
Q

What formal parts must be included in every defence?

A
  • Heading
  • D’s address for service
  • A statement of truth
22
Q

What are denials used for?

A

To dispute any facts which, if they had occurred, would’ve been within D’s knowledge

23
Q

What must a denial include?

A

Reasons
A different version of events
YOU CAN’T GIVE A BARE DENIAL

24
Q

How can D respond to an allegation?

A

Admit
Deny
Require proof

25
Q

What happens if D fails to respond to an allegation?

A

Default is admit
Unless case has been made out- Require proof
For a debt claim- The amount claimed isn’t assumed to be admitted

26
Q

How can D dispute a statement of value?

A

State why he disputes it

What it estimates the value to be

27
Q

How does D dispute the limitation period?

A

When did the period expire

28
Q

How to start a defence?

A

Adopt the definitions used in the particulars of claim

‘The definitions used in the PoC are adopted’

29
Q

What is a general denial and where does it go?

A

End of defence
Denies the entitlement of C to the sum being claimed either in full or partially
‘In the circumstances, it is denied that C is entitled to the amount claimed or any amount’

Civil Litigation (3 decks)

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