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
who should an additional claim be made to if the defendant wants a party connected to the CLAIMANT to be joined in their counter claim?
C and the 3rd party
(If there’s no connection between C1 and third party, then this would just be a new claim against the 3rd party)
who should an additional claim be made to if the defendant wants to claim an indemnity against another DEFENDANT?
The 3rd party
(used where D1 and D2 could both be liable)
What is an indemnity?
An additional claim by D for the whole of the sum due to someone else (i.e. C)
What is a contribution?
An additional claim by D for a part of the sum due to someone else (i.e. C)
Will a classic counterclaim by D need permission from the court if filed at the same time as the defence?
No
Will a classic counterclaim by D need permission from the court if filed after the defence?
Yes
Will a counter claim by D against C AND a person other than C need permission from the court if filed at the same time as the defence?
Always
(permission for this counterclaim is required both before and after defence is filed)
Will a claim by D for indemnity/contribution against a 3rd party already party to proceedings need permission from the court if filed at the same time as the defence?
No
Will a claim by D for indemnity/contribution against a 3rd party newly joined to proceedings by someone other that D need permission from the court if filed within 28 days of D2’s defence?
No
Will a claim by D for indemnity/contribution against a 3rd party already party to proceedings need permission from the court if filed at any other time as the defence?
Yes
Whether existing party but D did not originally include them in their defence
OR
Newly added party where D did not claim within 28 days of D2 filing their defence
Will claims by D against a person not party to proceedings need permission from the court if filed at the same time as D serves the defence?
No
(these are normally claims against someone that C could have chosen to join the dispute as D2 but has chosen not to. D1 will want a claim against them to recover funds if D2 also had a part to play in the loss).
Will claims by D against a person not party to proceedings need permission from the court if filed at any other time as D serves the defence?
Yes
(these are normally claims against someone that C could have chosen to join the dispute as D2 but has chosen not to. D1 will want a claim against them to recover funds if D2 also had a part to play in the loss).
How is permission to the court for additional claims made?
Normal interim procedure
When should an additional counterclaim be served?
- If no permission is needed: 14 days of it being issued
- If permission is required: the court will direct when
Who should an additional counter claim be served on?
- D2
- All other parties
How is a classic counterclaim served
With the defence set out after the defence as one document
What happens if a new D2 to an additional claim does not respond within 14 days?
D1 can request a default judgement against D2
What happens if an existing D2 to an additional claim does not respond within 14 days?
D1 cannot apply for a default judgement
What must amendments to statements of case be verified by?
Statements of truth
When can amendments be made to statements of case without courts permission or consent?
Before the statement of case is served
What is an amendment by consent?
- Any statement of case can be amended at any time with consent of all other parties
- Court may still disallow any such amendments
When does a party need court’s permission to amend a statement of case?
Statement of case has been served & written consent of all parties hasn’t been given
How does a party get court’s permission to amend a statement of case?
Must file application notice with the court together with a copy of the proposed amended statement of case
What should be done if permission is given for an amendment to a statement of case?
- The amended statement of case should be filed within 14 days of such order granting amendment
- Copy sent to every party to proceedings
- Must have an endorsement on it and
- Must be re-verified by statement of truth if substance has changed
What is a late amendment?
One sought close to the trial date & court more likely not to allow it
Can a claimant be added without their consent?
No
What is the general rule and exceptions that apply to adding parties to a claim after the limitation period?
Not allowed unless
original set-off/counterclaim raised by amendment or where otherwise provided for
