Dispute resolution Flashcards
Statement of case
Include court heading, description of statement of case (of a POC or defence)
Third perso;
Expressly confirm position of liability, causation and quantum
Factual background
Nature of allegations
Case of action
Applicable case law or legislation
Relief sought
Statement of truth
Statement of truth
I believe that the facts stated in this are true, I understand that proceeds for contempt of court may be brought against anyone who makes a false statement in a document verified by a statement of truth shoutout an honest belief in its truth
POC
Concise statement of facts
Grounds for the claim ( breach of intractable)
Interest
Aggravated or exemplary damages
Provisional damages ?
Any other matters
Statement of truth
Date
Defence
N9B
Admit the claim or deny
Put claimant a to proof of allegation
Blame another party?
Request further information? Apply to strike out the POC?
Additional claims
Summarise original statement of case
Explain which allegations are denied, providing reasons
Set out allegations against party who is subject to additional claim
State the relief the defendant is seeking, by way of indemnity or contribution
The reply
May be filed and served by the claimant in response to the defence.
Explain and clarify issued in dispute, by responding the DEFENCE
Witness statements
Witnesses own words
Statement of truth
Only refer to facts relevant
Set out witness evidence chronologically.
Part 36 offer
Pursuant to part 36
State period not less than we days
State if for whole claim or party
State if it takes into account any counterclaim
case summary
brief chronology of the claim
factual issues agreed
factual issues not agreed
evidence needed
signed and dated
N180 directions questionnaire for small claim
simple form
letter before claim
the facts
legal basis of claim
factual basis of claim
liability/responsibility
damages/compensation
documents enclosed
your documents
ADR
expert?
practice directions
acknowledgment and response deadline
court proceedings
copy of this letter
N161 appeal
section 5 : other information required for the appeal
state reasons for appeal and the order you wish to appeal against.
separate sheet: grounds of appeal. why you are saying that the judge who made the order you are appealing was wrong
section 9 - what you are asking the court to do. set aside? vary? order new trial?
section 11: evidence in support, related to s 10 being other applications.
strike out statement of case
courts power to strike out, CPR 3.4
N265 disclosure
i have control of the documents numbered and listed here. I do not object to you inspecting them
i have control of the documents numbered and listed here, but i object to you inspecting them
I object to you inspecting these documents because:
i have had the documents numbered and listed below, but they are no longer in my control.
Part 18 request
further information
in relation to para 1 of the particualrs of claim… please state:
- specific information wanted
[date]
law firm