Dispute Resolution Flashcards
What are the general rules for statements of case ?
- be as brief as possible (just facts not evidence)
- one allegation per paragraphs
- Chronological order
- Deal with claim on point-by-point basis
- paragraphs should be numbered
What is included in heading for statements of case:
Court
Between
Claimant
And
Defendant
Particulars of claim
What is the statement of truth wording?
‘I believe / the claimant believes that the facts stated in this [name the document] are true. 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’.
Signed
[Signature]
What is included in the heading ?
Court specified (top left)
Case number (top right)
Proceedings title (centre)
Document title (below proceedings
What is included in the content of statements of case/ particulars of claim ?
Concise statement of facts laid out in chronological order -> numbered without evidence:
Written agreements it’s based on - attached
Oral agreements - words used stated by whom and where and when
Must also include statement of interest
What is the wording for the interest claim ?
‘In respect of damages awarded the claimant is entitled to interest pursuant to [senior courts act 1981/ country courts act 1984] at such rates and for such period as the court think’s just.’
What is included above the standard heading for a witness statement?
Top RH corner:
Whose behalf it is made
Initials and surname of witness
Number
Exhibit
Date
Then standard heading ?
What should be included in content of witness statement?
- In witnesses words using ‘I’
- stating what is from their own knowledge and what is information or believe base off someone else naming he source
- Process by which it was prepared (face to face)
What to set out in PoC breach of contract ?
1) elements of contract - offer, appearance, consideration, parties
2) terms of the contract
3) breach of terms
4) causation to losses
5) damages
6) interest
What to include in Tortious PoC ?
1) existence of duty of care owed
2) duty of care
3) breach of duty
4) causation
5) damages
6) interest
PoC checklist ?
Heading + content + statement of truth + interest
Defence / counterclaim checklist ?
Admitted denied or not admitted and for each one why and the different version of events
Counterclaim follows immediately on In the numbered list from defence
+ need to deny interest and also claim it.
Witness statement checklist?
Own words - first person
Quick Into with occupation and description of witness.
No statements of law.
Statement of truth
N265 form checklist ?
Part 1 describe enough to identify
Part 2 describe enough to justify its privilege
Part 3 explain why you don’t have access to it
