Dispute Resolution Flashcards
Particulars of claim
What would you find in the particulars of claim for a claim based on a breach of contract?
- The status of the parties
- Existence of contract
- Terms
- Breach alleged and particularised
- Factual consequences
- Damage and loss alleged and particularised
- Interest
- Summary of relief
- Statement of truth
Particulars of claim
What is the aim of the particulars of claim?
To inform the defendant of the case against them and what they must defend.
It’s a written statement that sets out the facts and remedies the claimant is seeking.
Particulars of claim
The statement of the Particulars of Claim must include..
(a) A concise statement of the facts on which the claimant relies.
(b) If the claimant is seeking interest, a statement to that effect and the details.
— governed by r 16.4(1) of the CPR
Particulars of claim
Interest: where the remedy sought by the claimant is either damages or the repayment of a debt, the court may award interest on the sum outstanding, but only if claimed.
How is interest claimed?
=> The contract itself may specify the rate of interest payable on any outstanding sum
*If there’s no provision.. *
=> May be claimed under the Late Payment of Commercial Debts (Interest) Act 1998 (specified commercial debts only).
Interest is 8% per annum above the Bank of England’s base rate.
=> For all other cases, the court has a discretion to award interest:
* under s 35A of the Senior Courts Act 1981 (SCA 1981) in respect of High Court cases, or
* under s 69 of the County Courts Act 1984 (CCA 1984) for County Court cases.
Defence
For each allegation, the defence must state whether it is..
- denied (must state their reason for doing so + their version of events)
- not admitted
- admitted
Defence
What are the formalities required by the CPR for a defence?
- the name of the court;
- the claim number (the unique reference number allocated by the court );
- the parties;
- the title (DEFENCE);
- the date and signature of solicitors in the name of the firm;
- the statement of truth; and
- details of who is to be served and where.
Defence
What if the defendant alleges the limitation period has expired?
Details of the expiration of the limitation period must be given in the defence. The burden of proof is then transferred to the claimant.
Counterclaim
When would a counterclaim be relevant?
The defendant has actually suffered loss that is attributable to the claimant.
If the has not incurred any loss, they should only file a defence.
