Contents of Statement of Case Flashcards
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What is in a statement of case
Claim form, Particular of Claims, Defence, Counterclaim or Additional claim, Reply to Defence, any further info given voluntarily or by court order
What’s the purpose does statement of case serve
They are formal document that set out what each party says about the case, mainly facts no evidence or law
Claim Form, what are they
- Give info about the claim for the claimant and defendant
- Claim form starts proceedings in civil claim
-Proceedings start when court issue claim form at req of claimant (CPR 7.2(1)
Content of Claim Form
-also when its for Claim for money and Claim for specified sum
- Concise statment of nature of the claim
- Remedy sought ( damages, specific performance and injunction)
-Claim for Money- statement of value of the claim must include (CPR 16.3)
- C only claim is for a specified sum, a statement of the interest accrued on that sum
If individual Seeking to claim intrest, what CPR is it. Since specific amount what need to set out?
CPR 16.4(2)
Firstly claimant need to check if they entitled ( may be under terms of contract)
Then need to check
-Percentage rate claimed
-Date from which its claimed
-Date to which it is calculated ( not being later than the date on which the claim form is issued
-Total amount of interest claimed to the date of calculation
-The daily rate at which interest will continue to accrue after that date
What test would the court apply when deciding to allow amendment
- Prospect of success
- Must deal with the case justly and proportionate cost in accordance with overriding objective
3.Court must strike a balance between injustice to the applicant if the amendment is refused and injustice to the opposing party and other litigants in general if the amendment is permitted - Case need to show some prospects of success
DO Particulars of claim have to be in a separate document?
No, they dont have to be but must be verified by statement of truth (Part 22)
It can be in a separate Document (CPR 7.4(1))
The “seperate doc” can be served either with claim form or served to def 14 days of the CF
IF the C want to claim intrest what info must be placed in the POC
What section is interest in CPR
CPR 16.4(2- Must state whethere Claim intrest under terms of contract or some other basis
The claim must state
- % rate at which interest is claimed
-date from which it is claimed
- date to which it is calculated, which must not be later than the date on which the CF is issued
- Total amount of interest claimed to the date of calculation
-Daily rate which interest accrue aft that date
Under what enactment would A C be entitled to interest?
- S.69 of CC Act (WB Vol 2 9A-554)
Rmbr if the claim is less than 50k for PI cases it cant commence in county court.
- IF it was in the HC, the court power for intrest would be:
->S.35A of the Senior Courts ACt 1981 (WB Vol 2 Section 9A-122)
How long does a Df have to acknowledge service of proceedings went the Claimant served Claim Form attached with POC ( served together)
CPR 10.3(1)(b)- The D have 14 days after the service of claim form
IF the C served Claim form but did not attach the POC how long does the Def have to serve AOS
- The D would have 14 days after the service of POC
If the Df files acknowledgment of service within the period time, how long does it have to serve the defence
- 28 days after the service of POC (CPR 15.4(1)(b).
- If the df has filed an AOS, the period for filing defence is 28 days from service of POC, rather than 14 days.
If the C attached a copy of medical report in POC what options do the df have in dealing with the contents of the report in the defence
PD para 11.1(1), for PI claim the def should state
-Agrees
-Disputes
-Neither agrees nor dispute but has no knowledge of the matters contained within the medical report
IF the DEf disputes (PD para 11.1(2) the df must state in defence reason for doing so and where it has obtained its own medical report on which it intends to rely, attach a copy to the defence.
The Def D must be verified by statement of truth?
Yes. It must be look at para 2.1 of PD to PArt 22, stating the wording required for statement of truth.
If the C finds out that the DEf has a conviction, can the C use this?
Yes. PD 16 para 8.1. The Def must include in his POC a statement that he wishes to rely on evidence under S.11 of Civil evidence act 1968 (for convictions)
