Disputes Resolution Drafting Plans Flashcards
Particulars of Claim for Breach of Contract
- Particulars of Claim
- Explain who parties are
- details on formation of contract
- details on performance
- terms
- breach - Particulars of Breach
- how term was breached
- consequences of breach
(3. Particulars of Injury)
- how breach caused injury
- consequences of injury
- losses
- Particulars of Loss and Damage
- set out losses suffered
- basis for interest
- have parties compiled with pre-action protocol
- Prayer (brief summary of claim)
- Statement of Truth
Particulars of Claim for Tort Claim
- Particulars of Claim
- Explain who parties are
- details on formation of contract
- details on performance
- terms
- breach - Particulars of Negligence
- how term was breached
- consequences of breach
(3. Particulars of Injury)
- how breach caused injury
- consequences of injury
- losses
- Particulars of Loss and Damage
- set out losses suffered
- basis for interest
- have parties compiled with pre-action protocol
- Prayer (brief summary of claim)
- Statement of Truth
What to include in Particulars in Contract Claim
- Written Agreement
- copy/copies of contract attached to or served with PoC - Oral Agreements
- set out contractual words used
- state by whom to whom words made
- when and where acts of conduct made - Agreement by Conduct
- specify conduct relied on
- when, where by whom acts of conduct done
What must be included in Particulars in PI claim
- Claimants date of birth
- brief details of injury
- Must Attach
- schedule of past and future losses claimed
- medical report if used
What must be included in Particulars for claims with land
- Is land residential
- Identify land (with plan if necessary)
What must be in particulars for fatal accidents
State that:
1. brought under Fatal Accidents Act 1976
- dependants on whose behalf it is made
- date of birth of each defendant
- details and nature of dependency claim
What must be in Particulars if separate from claim form
- name of court in which claim is proceeding
- claim number
- title of proceedings; and
- claimants address for service
- Statement of Truth
What documents Require Statement of Truth
- Claim Form
- Particulars of Claim
- Defence
- Witness Written Evidence
- Replies to Request for Information
- Witness Statement
- Expert Report
Letter of Claim General
- Intro
- Summary of Facts
- Liability
- legal and factual basis of claim - Compensation sought
- Settlement
- if instructed
- ask for without prejudice meeting - Next Steps
- acknowledge immediately and full response in X days
Letter of Claim for Personal Injury
- describe injury and effect on day to day life
- set out losses
- Disclosure you seek
- Response must demanded be 21 days
Letter of Response to PI Claim
- admit/deny facts and liability
- reason for denial - Limitation
- if you intend to raise
- reason if you do - Documents
- if not what was requested then why - Settlement
- what options you agree with
- with/with out prejudice - Expert
- ask what expert they intend to use
Who can sign statements of Truth for company
General Requirements
- must state office/position held (underneath)
Registered
- director, treasurer, secretary, chief exec manager
Not Registered (as well as above)
- mayor, chair, president
When can insurer sign statement of truth
Insurer or Motor Insurer’s Bureau if:
- on behalf of party where insurer has interest in proceedings
Requirements
- by senior person responsible for case
- must specify capacity in which they sign
When can lawyer sign statement of truth
Only in exceptional circumstances
Requirements:
- must be legal representative
- must be own name AND firm (if appropriate)
What must be explained to client before signing statement of truth on their behalf
Where a legal representative has signed a statement of truth, their signature will be taken by the court as their statement that:
(1) the client on whose behalf they have signed had authorised them to do so,
(2) before signing they had explained to the client:
- that in signing the statement of truth they would be confirming the client’s belief that the facts stated in the document were true, and
- before signing they had informed the client of the possible consequences to the client if it should later appear that the client did not have an honest belief in the truth of those facts
