Dispute Resolution - Statements of Case

Question 1

Statements of Case

Answer 1

Particulars of Claim

Breach of contract: facts showing contract, facts showing breach, damages sought, statement of truth

Tort claim

Claim for Interest

Defence

1. Procedural
2. Denial of element of claim
3. Amount of damages

Must respond to all allegations disputed otherwise they will be deemed admitted

Defendant can neither admit nor deny if outside their knowledge

Defendant can admit damages while denying liability

Set-off; in cases where the defendant claims that the claimant owes them money

Reply

Party may send in response to a defence - optional

Question 2

Part 20 Claims

Answer 2

Claim against third party

Counter-claim:

• Must arise from the same set of circumstances and be brought within the same set of proceedings
• If filed with defence a counter-claim does not require the court’s permission

Defendant can use part 20 to seek contribution or indemnity from another party (usually another defendant) if ordered to pay the claimant

Question 2

Serving and Responding to Part 20 Claims

Answer 2

Treated as a new claim

Do not require permission from the court

No notice to claimant required unless court ordered

Particulars must be served

Defence to counterclaim must be served within 14 days of date of service

Defendant may file defence and response to claim

Additional claims require additional defences

Question 3

Amendment to Statement of Case

Answer 3

Before served it can be amended at any time

Adding a party requires permission from court or consent of all other parties

New party may be added if multiple claims can be resolved in one proceedings - must be some factual or logical connection

Question 4

Requests for Further Information

Answer 4

Should first be made to the other party and an application made to the court if the other party does not respond adequately within a reasonable period

A respondent who objects should state why