Disputes - Claim Form and Particulars of Claim (5) Flashcards
What are the claim form and particulars of claim?
Claim Form and Particulars: The claim form and particulars are statements of case covering the relevant facts of claim. They must comply with the CPR, and are typically drafted and signed by the claimant’s solicitors.
(1) Effect: Only contents within a statement of case are admissible at court, so all relevant facts relied upon must be covered. However, the source of these facts is typically not included (i.e. ‘from an expert report’).
(2) Evidence: Evidence is generally only attached where necessary (i.e. a contract).
What is the claim form?
Claim Form: The claim form is used to issue proceedings at court, and is then served on the Defendant (Form N1). It covers the substantive grounds of claim and any remedies sought (though the bulk of detail is usually served in the particulars).
What is on the front page of the claim form?
Front Page: The front page covers party details, alongside brief details of claim, remedy and value of the remedy sought.
(1) Heading Box: The heading box includes the court of issue, the solicitors’ fee account number, the claim reference number, and the date of issue. Most of these details are filled out by the court.
(2) Party Details: The name, address, and telephone number of both parties are included. If incorrect, the form may be struck out.
Individual: Individual litigant ‘Mr John Smith’.
Deceased: Deceased litigant ‘The Executors/Administrators of John Smith deceased’.
Sole Trader: Sole Trader ‘John Smith T/A Smith’s Bricks’.
Partnership: Partnership ‘Smith & Co (a firm)’.
Company/LLP: Company/LLP ‘Smith’s Bricks Ltd/LLP’.
(3) Brief Details of Claim: A concise statement of the date and nature of claim and remedy sought.
Nature of Claim: ‘D entered into contract with C to [act]. D breached obligations by [breach], causing [harm]…’.
Remedy Sought: ‘…as such C seeks damages estimated at £600,000’.
(4) Value of Claim: The value of the remedy sought is included (to assist track allocation). This disregards costs, contributory negligence, and counterclaims.
Specified Claim: Precise value, with interest, and daily rate it accrues.
Unspecified Claim: Estimated value, without interest.
High Court: C expects to recover more than £100,000 (or £50,000 PI).
County Court: C expects to recover: a) not more than £10,000; b) more than £10,000 but not more than £25,000; c) more than £25,000; or d) a sum to be determined by the court (if unclear).
Personal Injury: Must state whether more than £5,000 sought for pain, suffering and amenity.
(5) Defendant’s Service Address: Defendant or Defendant’s solicitor full name and service address.
(6) Financial Summary: Financial summary of damages and costs.
Amount Claimed: The sum claimed (this includes interest, (estimated for unspecified)).
Court Fee: Fee payable at court (based on value of claim). Capped at £10,000.
Legal Representative’s Costs: Costs of legal representative.
>Fixed if specified claim; ‘to be assessed’ if unspecified claim.
What are on the second and third page of the claim form?
Second Page
Second Page: Second page includes some more minor details (generally).
(1) Preferred Court: The preferred hearing court for the Claimant (by default, it will go to Defendant’s nearest court, so this is important).
(2) Vulnerable Parties: The vulnerability of any party or witness (and any adjustments sought).
(3) Human Rights Act: Whether the claim falls under the Human Rights Act 1998 (rare).
Third Page
Third Page: The third page contains the particulars of claim (see particulars of claim).
(1) Specified Claim: Generally there is space to include the particulars on the claim form itself (see particulars for information required).
(2) Unspecified Claim: Generally drafted on a separate document, and served alongside or within 14 days of the claim form.
What is on the back page of the claim form?
Back Page: The back page includes a statement of truth and further details of the claimant or their solicitor.
(1) Statement of Truth: A statement of truth in the claimant’s language must be signed, either by the claimant, an authorised party of the claimant, or their legal representative. If this is not signed, the form may be struck out or its contents deemed inadmissible.
(2) Date and Signature: Signatory includes name, service details, date and signature.
Individual: Full name, ‘I believe’.
Partner/Company Officer: Full name, ‘the claimant believes’, and ‘I am duly authorised to sign’.
Solicitor: Full name, ‘the claimant believes’, and ‘I am duly authorised to sign’ (firm details later on).
What are the contents of a particulars of claim?
Particulars of Claim: Particulars are a more detailed (yet broadly concise) statement of facts relied upon by the claimant. Physical evidence is not referred to. Numbers are numbers, words are words (i.e. 1 January 2023).
Heading
Heading: The Particulars of Claim are headed as a typical court document: a) name of court, division and location; b) case reference; c) Name of Claimant (Claimant) v Name of Defendant (Defendant); d) titled ‘Particulars of Claim’.
Statements of Fact
Statements of Fact: The bulk of the document comprises paragraphs that lay out sequentially the facts relied upon by the claimant.
(1) Status of Parties: The status of parties at all times, i.e. ‘At all times C was seller, D was supplier’.
(2) Pre-Contract/Breach: Relevant pre-contract matters (i.e. any pre-contractual representations made).
(3) Contract: Existence of the contract, including date and major obligations under it. Written contracts are attached, oral contracts summarised. Not relevant for tort.
(4) Terms/Duties: Relevant express and implied terms of the contract/ relevant duties owed in tort.
(5) Breach: The relevant breach of duty or contract.
Alleged: Main paragraph alleges the breach, i.e. ‘D did not carry out work with reasonable care and skill’.
Particularised: Subparagraphs detail the breach, i.e. ‘D used X paint rather than Y paint’.
(6) Factual Consequence: The factual consequences of the breach are outlined, i.e. ‘C could not sell their goods’.
(7) Damage and Loss: The damage and loss caused to the claimant.
Alleged: Main paragraph alleges the damage, i.e. ‘By reason of breach, C has suffered loss and damage’.
Particularised: Subparagraphs detail each item of loss, i.e. ‘Cost of X, Cost of Y, Total Cost Z’.
(8) Interest: Interest must be expressly claimed. ‘C claims interest on damages under…’ (differs by claim).
Specified Claim: If possible, interest must be calculated to date of particulars, and a daily rate henceforth.
Contractual Rate: The contract may specify a rate of interest (overrides statute/discretion).
Late Payment of Commercial Debts (Interest) Act 1998: Debts owed by businesses accrue at a rate 8% above base rate, and also compensation for the debt recovery process.
Court Discretion: Otherwise, the court has discretion to award interest ‘as it sees fit’.
High Court: s35A Senior Courts Act 1981.
County Court: s69 County Courts Act 1984.
Unspecified Claim: Interest must simply be claimed, to ‘be determined’ at a rate the court sees fit.
High Court: s35A Senior Courts Act 1981.
County Court: s69 County Courts Act 1984.
(9) Claim: Finally, the claimant reiterates the claim, beginning with ‘AND THE CLAIMANT CLAIMS:’.
Damages: ‘Damages pursuant to paragraph [X]’.
Interest: ‘Interest pursuant to paragraph [X]’.
Date and Statement of Truth
Date and Statement of Truth: The document must be dated and include a statement of truth (same as claim form method).
