Chapter 6: Statements of case Flashcards
General rules in relation to statements of case
Statements of case are crucial documents. In broad terms, they are the documents by which a
claimant sets out the factual basis of its claim and the relief sought, and the defendant gives its
own position in relation to the alleged facts and the alleged entitlement to relief.
1 General rules in relation to statements of case
We will start by looking at the rules and PD guidance governing the format and content of
statements of case common to all statements of case. Every statement of case will be set out in a similar way, with a formal case heading at the top, and a statement of truth at the end. The rest
of the contents will be set out in a uniform manner as prescribed by the rules.
1.1 Why do statements of case matter?
Statements of case are important documents. They need to be concise, clear and correct and
they must comply with all necessary content requirements as prescribed by the CPR. They must
also be in the correct format.
1.1 Why do statements of case matter?
If a statement of case does not comply it might require formal amendment. This will often require
the input of the court, giving permission, and will have a knock on impact on other statements of
case, which will also require amendment by the other parties. Even if the claim can proceed
without formal amendment to the statement of case, the deficiency will often cause time to be
wasted by the court and parties in working around the problem.
1.1 Why do statements of case matter? - Costs and Consequences for Parties
There will be costs consequences for parties who serve deficient statements of case causing any
of these issues, not to mention tactical disadvantages, some of which could be very serious.
1.2 Case heading
Every statement of case must be headed with the title of the proceedings. The title will be set out as in the example below and must include (7A PD 4.1):
1.3 Rules applicable to all statements of case
Court documents are all presented in a uniform way. Every statement of case must contain (5A
PD 2):
* Numbered paragraphs;
* Pages numbered consecutively;
* All numbers and dates in figures (eg ‘The property was purchased for £23,000 on 29 March
1965’);
* Reference in the margin to every document mentioned that has already been filed at court;
* The name of the person who drafted the document (the statement of case will therefore
contain the name of an individual barrister or the firm of solicitors); and
* A statement of truth (explained on the next page).
1.4 Statement of truth
Every statement of case needs a statement of truth (CPR 22.1(1)(a)). A party’s statement of case
can be used as evidence in the proceedings only if verified by a statement of truth.
1.4 Statement of truth
A statement of truth is a formal way of the person signing confirming that they believe that the
document is true. If the document turns out to contain a false statement and the person signing
the statement of truth does not have an honest belief that the statement was true, then
proceedings for contempt of court may be brought against the person signing. This can lead to
sanctions within the proceedings, fines and/or imprisonment in serious cases (CPR 32.14).
Example 1: Statement of truth where the party is an individual
I believe that the facts stated in this claim form are true.
Example 2: Statement of truth where the party is a company
The defendant believes that the facts stated in this defence are true. I am duly authorised by the
defendant to sign this statement….
Example 3: And in every statement of truth, after either the Example 1 or Example 2 wording
….I understand that proceedings for contempt of court may be brought against anyone who
makes, or causes to be made, a false statement in a document verified by a statement of truth
without an honest belief in its truth.
1.5 Summary
- Statements of case are key documents by which the parties set out their position in relation to
the factual basis of the claim and the claimant’s entitlement to relief. - Every statement of case must be headed with the title of the proceedings.
- All statements of case must comply with uniform standard formatting rules.
1.5 Summary
- Every statement of case needs a statement of truth.
- The statement of truth is the formal way of confirming that the contents of statements of case
are true. Proceedings for contempt of court may be brought against anyone signing a statement of truth without believing the contents of the document to be true.
2.1 Claim form - purpose
The claim form is the document used to commence proceedings and to set out key elements of the
claim, in particular the identity of the parties. It is the first statement of case. The claim form is
prepared by the claimant.
2.2 Claim form - structure
The claim form is usually on Form N1 (7A PD 3.1) – so the form dictates the structure and guides
the content to be included.
Note that special forms might apply in specialist proceedings (eg in the Commercial Court).
2.3 Claim form - contents
Exercise: Read alongside:
Access court form N1 from https://www.gov.uk/government/collections/court-and-tribunal-forms
and read the below alongside the form.
2.3.1 Parties
The claim form must contain the names of the parties and their addresses. The parties must be
referred to in a particular way. If a party is claiming or being sued in a representative capacity, the claim form must state what that capacity is – otherwise the people allegedly represented may not be bound by any decision the court makes.
Examples of names in the correct format are shown below:
2.3.2 Addresses
The parties’ addresses are the addresses for service, but the claimant must also indicate an
address where it resides or carries on business, if different (16 PD 2.2).
2.3.3 Claim details
The claimant is required to include brief details of their claim. This should include:
* A concise statement of the nature of the claim. This is a very brief summary of the type of
claim. This statement is not to be confused with the particulars of claim, which must either be
set out later in the claim form or in a separate document.
* The remedy sought by the claimant. Although this is required, the court has the power to grant
any remedy to which the claimant is entitled (not just the remedy sought by the claimant in
the claim form). It is not necessary to expressly include a claim for costs (CPR 16.2).
2.3.4 Value of claim form
Where the claimant is making a claim for money, the claim form must include a statement of the
amount claimed (CPR 16.3). The statement of value can be set out in any one of three ways:
(a) Where the amount of the claim is specified, the statement of value can simply state this amount; or
(b) Where the amount of the claim is for an unspecified amount (such as a claim in tort for damages), then the claim form can either have:
2.3.4 Value of claim form
A statement saying: ‘The claimant expects to recover less than £10,000’, ‘…between £10,000 -
£25,000’ or ‘…more than £25,000’ (this information is used to provisionally allocate a claim to
a track – explained in the sections relating to case management); OR
A statement saying: ‘I cannot say how much I expect to recover’.
2.3.4 Value of claim form
The court’s power is not limited by the claimant’s statement of value in the claim form; the court
can give judgment for whatever amount (if any) it finds the claimant is entitled to (CPR 16.3(7)).
In a personal injury claim, the claimant must state whether the amount which the claimant
expects to recover for pain, suffering and loss of amenity is or is not more than £1,000.
2.3.4 Value of claim form
Sometimes the claimant has a choice whether to issue the claim in the County Court or High
Court. If the High Court is chosen in this situation, a special ‘jurisdictional endorsement’ must be included in the claim form (CPR 16.3(5). In relation to a claim for money, if the claim form is to be
issued in the High Court it must: