DR 6 - Statement of Case Flashcards
Why are statements of case important?
They must be concise, clear, correct, in the right format, and CPR-compliant. Mistakes cause delays, costs, and tactical disadvantages.
What are the formatting rules for statements of case?
- Heading with court name (left), claim number (right), parties’ names (centered)
- Numbered paragraphs
- Page numbers
- Numbers and dates in figures
- Margin notes for referenced documents
- Drafter’s name (barrister or solicitor)
- Statement of truth
What is a statement of truth?
A declaration verifying the content of a statement of case as true. False statements can lead to contempt of court proceedings.
Wording for a statement of truth by an individual?
I believe that the facts stated in this [document] are true.
Wording for a company’s statement of truth?
The [party] believes the facts stated are true. I am duly authorised by the [party] to sign this statement…
Required final wording in all statements of truth?
I understand that proceedings for contempt of court may be brought against anyone who makes… a false statement…
What is the purpose of a claim form?
To commence proceedings and outline key elements of the claim.
What must a claim form include?
- Parties’ names and addresses
- Representative capacity (if applicable)
- Concise claim details (nature, remedy sought)
- Statement of value (exact, estimate, or uncertain)
- Claimant’s residence/business address (if different)
What does the value on a claim form affect?
Track allocation—not the court’s power to award more or less.
What must not be included when calculating claim value?
- Interest
- Costs
- Counterclaims
- Set-off
- Contributory negligence
- Social security benefits
What is the purpose of the particulars of claim?
To detail the full basis of the claimant’s case.
What must particulars of claim include?
- Concise statement of facts
- Material facts & background
- Any special damage claims
- Specifics for PI, land, or agreement-based claims
- Interest claims
What are the two ways to claim interest?
- Exact calculation (specified claims)
- General claim (unspecified claims)
What should be included in an exact interest calculation?
Rate, period, amount to date, and daily rate
What is the statutory basis for claiming interest?
May be in contract or under statute (e.g., Senior Courts Act 1981)
What is the structure of particulars of claim?
- Introduce parties
- Set out duty
- Specify breach
- Plead causation
- Detail loss and interest
- Finish with ‘prayer’ (remedies sought), drafter’s name, and statement of truth
What is the purpose of a defence?
To respond to each allegation in the particulars of claim and state the defendant’s case.
What must a defence include?
- Address for service
- Response to every allegation: admit, deny (with reasons), or request proof
What happens if an allegation is not addressed?
It is deemed admitted (except for monetary amounts, unless specifically admitted).
What must be addressed in a PI defence?
Response to medical evidence and schedules of loss, including counter-schedules and mitigation arguments.
What is the purpose of a reply?
Optional factual response to the defence, filed with the directions questionnaire.
Can further statements of case follow a reply?
Only with the court’s permission.
What is a counterclaim?
A separate claim by a defendant against a claimant, usually filed with the defence.
What must a counterclaim include?
It must comply with CPR 16.4 and mirror particulars of claim: duty, breach, causation, and loss.
Does a court fee apply for counterclaims?
Yes.
What is set-off?
A defence where the defendant reduces or cancels the claimant’s claim by showing the claimant owes them money.
Where does set-off appear in the document?
In the defence section, typically before the counterclaim.
Examples of legal basis for set-off?
- Mutual debts
- s.53(1) Sale of Goods Act 1979
- Defective services
- Equitable set-off (close connection of claims)
How is a defence to a counterclaim filed?
Within 14 days of service of the counterclaim. No acknowledgment of service is needed.
What happens if the claimant fails to defend a counterclaim?
The defendant may apply for default judgment.
What is the title of the combined document when replying and defending a counterclaim?
“Reply and Defence to Counterclaim”
