Dispute Resolution SPA

Question 1

How much information should a claimant’s particulars of claim provide?

Answer 1

Enough to identify the issues and parties so that the judge may give directions to ensure that the trial can proceed promptly, fairly, and proportionately, in keeping with the overriding objectives.

Question 2

What information is needed in the particulars of claim for a contract claim?

Answer 2

1. Parties to the agreement
2. Nature of the agreement
3. Terms that may have been breached
4. Facts showing breach + losses
5. Prayer for relief (remedy sought), and
6. Statement of truth

Question 3

What information is needed in the particulars of claim for road accident claims and personal injury claims?

Answer 3

1. Brief description of the collision (including date, time, and place)
2. Allegations of negligence
3. Details of any relevant conviction,
4. Details of injuries suffered,
5. Schedule of past and future losses,
6. Prayer for relief (remedy sought), and
7. Statement of truth

Question 4

What information is needed in the particulars of claim for employer liability tort claims?

Answer 4

1. Facts establishing an employer-employee relationship
2. Description of the circumstances of the injury
3. Allegations of breach
4. Details of injuries suffered
5. Schedule of past and future losses
6. Prayer for relief (remedy sought), and
7. Statement of truth

Question 5

What is needed in the particulars of claim if claiming interest?

Answer 5

1. Claimant must state the basis for the claim
2. The percentage applicable
3. The date the claim for interest ends
4. Total amount claimed

Question 6

What specific points must a claimant include in their particulars of claim if they want to rely on them at any point in the proceedings?

Answer 6

1. Allegations of fraud,
2. Fact of any illegality
3. Details of any misrepresentation
4. Details of a breach of trust
5. Notices of knowledge of a fact
6. Details of unsoundness of mind or undue influence
7. Details of wilful default and
8. Any facts concerning the defendant’s failure to mitigate loss or damage

Question 7

Who must a defendant serve their defence to?

Answer 7

They must serve it on every other party to the claim

Question 8

How must a defendant respond to the particulars of claim?

Answer 8

They must respond to each of the paragraphs of the particulars of claim in 1 of 3 ways.

1. Admit the truth of the paragraph
2. Deny the trust of the paragraph
3. Make a non-admission

Question 9

What does it mean the the defendant admits the truth of a paragraph in the particulars of claim?

Answer 9

The claimant will not have to prove it

Question 10

What does it mean if the defendant denies the truth of a paragraph in the particulars of claim?

Answer 10

They must state reasons or set out an alternative version of events, in which case, the claimant must prove their facts

Question 11

What does it mean if the defendant makes a non-admission in relation to a paragraph in the particulars of claim?

Answer 11

They state that they neither admit nor deny the paragraph because the fact(s) alleged are outside the defendant’s knowledge, in which case the claimant must prove their facts.

Question 12

What is the difference between a non-admission and a denial of a paragraph in the particulars of claim?

Answer 12

Non-admission: defendant saying they don’t know whether an allegation is true.

Denial: defendant is saying they know the allegation is untrue and can explain why + set out their own alternative version of events.

Question 13

What should the defendant do if they dispute the claimant’s statement of value?

Answer 13

They should say why, and if possible, provide the defendant’s value.

Question 14

What does a defence need to state in response to a particulars of claim in a personal injury claim?

Answer 14

The defence must state whether the defendant agrees with the medical report served with the particulars of claim.

Alternatively, they can neither agree nor dispute the report, stating they have no knowledge of the matter.

Question 15

What does it mean if a defendant admits damages subject to liability?

Answer 15

The defendant can admit the amount of damages but deny liability, in which case the claimant will recover the agreed damages if they prove liability.

Question 16

What is needed if the defendant raises limitation in their defence?

Answer 16

The defence should state the date on which the defendant alleges that the limitation period expired, with the reasons why.

Question 17

What is a reply?

Answer 17

a Statement of Case that a party may send in response to a defence.

It is optional + usually only prepared if something has been raised in the defence that requires a response.

Question 18

What are Part 20 Claims?

Answer 18

Defendant’s claims against third parties who might be liable to the claimant/defendant, and counterclaims against the claimant.

Question 19

What is a counterclaim?

Answer 19

Defendant’s claim against the claimant for losses arising from the same set of circumstances involved in the claimant’s claim.

Question 20

What are the conditions for bringing a counterclaim?

Answer 20

1. Must be brought within the same set of proceedings
2. Is brought by an existing defendant against the claimant
3. Is a monetary claim in its own right.

Question 21

What is a third-party claim?

Answer 21

The defendant claims that a person who isn’t a party to the action has caused the claimant’s loss.

The new party is called a ‘third party’.

Particulars of claim must be included in or served with the third-party claim

Question 22

What is an indemnity or contribution claim?

Answer 22

The defendant claims that if they are found liable to the claimant, another party to the claim should be liable to repay the whole amount (indemnity) or some (contribution) to the defendant.

Question 23

Does the defendant need court permission to file Part 20 claims?

Answer 23

If the defendant files the claim with their defence - no.

If the defendant wishes to make a Part 20 claim at another time, the defendant must then obtain the court’s permission

Question 24

What is a counterclaim against another third party?

Answer 24

A defendant’s monetary claim against a third party who is not part of the proceedings arising out of the same facts as the main action.

Such a claim can be made only by order of the court.

Question 25

Who must a Part 20 claim be served on?

Answer 25

If court permission isn’t required, on each party to the claim when the defence is filed.

If an additional claim is issued by the court later, it must be served on the person against whom it is made within 14 days ion issue.

Question 26

When must defences to Part 20 claims be served?

Answer 26

within 14 days of the deemed date of service of the Part 20 claim

Question 27

Who can make a request for further information from any other party>

Answer 27

Any party may make a request for further information from any other party to clarify a matter in dispute or for additional information relating to a matter.

Question 28

How can a party make a request for further information?

Answer 28

A request should be made to the other party, but the person seeking the information can make an application to the court if the other party doesn’t respond within a reasonable time.

Question 29

What are the grounds for objecting to a request for further information?

Answer 29

1. Request is unnecessary, irrelevant, or improper
2. The responding party is unable to provide information or clarification
3. The party requesting information gave an insufficient time to reply
4. The expense of complying with the request would be disproportionate to the claim or contrary to the overriding objective of the CPR
5. The responding party is protected from answering by existing privilege

Question 30

When is an amendment of a Statement of Case allowed after it has been served?

Answer 30

It can be amended only with written consent of all other parties or with the permission of the court.

Question 31

When will the court allow an amendment of Statement of Case to add a new party?

Answer 31

If it can be shown that adding the party will allow the court to resolve all the matters in dispute or to resolve a connected matter

Question 32

When can a court order a person to cease to be a party?

Answer 32

If it is not desirable for them to be a party in the proceedings

Question 33

When may the court substitute a new party for an existing party?

Answer 33

If:
i. the existing party’s interest or liability has passed to the new party, and
ii. it is desirable to substitute the new party so that the court can resolve the matters in dispute