DR 6&7 - Statement of Case Flashcards
What are the main statements of case?
- Claim form
- PoC
- Defence
- Counterclaim
- Reply
What is the structure of a statement of case?
- Title of Proceedings
- Contents Specific to that Doc
- Statement of Truth
What does every statement of case need at the end and why?
Needs a statement of truth that verifies the statement of case
Can lead to proceedings for contempt of court if it contains false info
What makes up the contents of a claim form?
Sets out the key elements of the claim e.g. party identities; addresses
- Concise statement of nature of the claim 📝 🤏
- Remedy sought 🎁
- For money, specified, unspecified or known statement of value of the claim 💰
- If choosing between courts, jurisdictional endorsement 🧑⚖️
What is the purpose of the defence?
Reacts to every point/allegation in the particulars of claim, stating full details of D’s own case
Each allegation must be dealt with individually
How can a D respond to each allegation in the defence?
- Admit fact
- Deny fact (with reasons)
- Require proof of allegation (where they can’t deny or admit it)
Is a ‘bare denial’ without reasons acceptable?
No
What happens if a D fails to deal with an allegation?
- deemed to admit it
- Unless it’s a money claim where it’s not admitted to unless D specifically does so
What other things can be included in a defence?
- Limitation period defence 🕰️
- statement of value dispute 💰
- For PI claims, response to schedule of past/future expenses and losses, and medical report 🩻💰
- mitigation or reduction of damages 🫵
- counterclaims 🤬
What is a ‘Reply’?
- optional statement of case served by C
- filed with directions questionnaire in the form of ‘Reply and Defence to Counterclaim’
- facts not included in C’s claim form
- last statement of case - permission needed to file one after this
What is a counterclaim?
Establishes duty, breach, causation and loss against C
May or may not be related to original case
When is a counterclaim made?
Single doc with defence following on from the defence ‘Defence and Counterclaim’ and pay a fee
What is the defence of ‘set-off’?
the facts that give rise to a counterclaim may also amount to a defence in the main claim
Can be a partial or complete defence to main claim
Has effect of extinguishing any claim up to same amount against D
How can a C respond to a counterclaim?
By admitting or defending (just like the defence to the original claim)
How long does a C have to serve defence to a counterclaim?
14 days of service of counterclaim
How can a party request for further information about statements of case?
- Expected to do so on voluntary basis first, only applying to court if request can’t be resolved
- They serve a written request on other party stating date for response, including a statement of truth 📝📆
- If the other party objects, must do so within timeframe set out in request and give reasons 🤬
What is an additional claim
Any claim other than the claim made by the claimant against the defendant
Who can make an additional claim
The defendant