dispute resolution drafting

Question 1

letter of claim

Question 2

claim form

Answer 2

PURPOSE: the document which is used to commence proceedings and contains information relevant to the proceedings.

Structure:
1. Claimant name and address
2. Defendant name and address
3. Brief details of the claim
- A concise, preferably single statement of the nature of the claim and the remedy which the claimant is seeking

e.g. “A claim for damages to be assessed arising from a breach of contract and or professional negligence, and interest on such damages.”

4. Claim value
   In specified claims - amount being claimed without interest
   Unspecified claims - claimant must enter “I expect to recover”
5. Not more than £10,000
6. More than £10,000 but not more than £25,000
7. More than £25,000

If cannot estimate “I cannot say how much I expect to recover”

5. Preferred county court hearing centre
6. Defendant’s address for service (court is serving the form)
   Full name
   Address
   Post code

Particulars of claim ( can also be served separately)
Statement of truth: “I(I believe/the claimant believes) that the facts in these particulars of claim 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”

Confirms the party signing the document believes that the facts stated in it are true

Signed by either the claimant, their legal representative, or their litigation friend (in the case of claim form N1)
Claimant’s or legal representative’s address for correspondence

Question 3

particulars of claim

Answer 3

must set out the following:

• a concise statement of the facts on which the claimant is relying
• details of any interest that the claimant is claiming
• a statement accompanying grounds if the claimant is seeking exemplary damages or aggravated damages
• any other matters required for the type of claim as set out in the relevant practice direction.

Question 4

Particulars of claim - contract

Answer 4

1. the contract contained the follow express terms
   a) state whether they were conditions or warranties
2. Further, the following (terms/conditions) were necessarily implied into the contract
3. On true construction of the contract, the defendant was obliged to do X

Particulars of breach of contract

Particulars of loss and damage
1. as a result of the defendant’s breach of contract, the claimant has suffered loss and damage
2. set out the loss and damage

Question 5

defence

Answer 5

unless stated otherwise, the paragraphs refer to the particulars of claim - and the definitions of the POC are adopted for the purpose of this defence

go through each paragraph of the claims and say whether:
a) admitted
b) denied and agreed that :
c) part is admitted and part is denied or
d) makes no admission as the defendant has no knowledge of those matters

Question 6

counter claim

Answer 6

defendant repeats paragraphs X of the defence
2. owing to the above matters, the defendant has suffered loss and damage

3. particulars of loss and damage
4. total
5. defendant therefore counterclaims from the claimant damages in respect f the above
6. defendant claims interest under;
   a) HC cases (high court cases) under s35A senior courts act 1981 or
   b) county court cases under s69 CCA 1984
   awarded to them at such a rate and for such a period as the court thinks fit

AND THE DFENDANT COUNTERCLAIMS

Question 7

reply to defence

Question 8

acknowledgement of service

Question 9

part 20 claim (counter claims and other additional claims)

Question 10

defence to a part 20 claim

Question 11

witness statement

Answer 11

1. WITNESS STATEMENT OF FULL NAME
2. I, full name of (address) state as follows:
3. state occupation
4. what the witness statement is in support of and then for what application
5. how the witness statement has been prepared
6. facts stated are within witnesses own knowledge and they believe them to be true
7. set out the facts in chronological order
8. statement of truth
9. signed by witness

Question 12

affidavit

Question 13

application notice, with and without notice

Question 14

part 36 offer

Answer 14

letter to the other side making an offer:

1. start with the following headings

a) without prejudice and save as to costs
b) claimant v defendant: PART 36 offer to settle

2. state that client wishes to make an offer pursuant to part 36 of the car
3. terms of the offer
4. potential consequences for failure to accept the offer
5. sign off

Question 15

consent orders

Question 16

part 18 request for further information

Question 17

costs budget

Question 18

revising costs budget

Question 19

budget discussion report

Question 20

directions questionnaire

Question 21

discontinuance