DR - Particulars of Claim Flashcards
Explain the structure of particulars of claim
- Heading
- Parties
- Duty
- Breach
- Causation
- Loss
- Interest
- Prayer
- Drafter
- Statement of truth
What is the purpose of the particulars of claim?
To include a concise statement of the facts on which the claimant relies.
What is it NOT the purpose of particulars of claim to do?
Set out law, evidence or arguments.
What should the heading look like?
What specific content should be included in relation to PI claims?
*Claimants DOB
*Details of injuries
*Attach a schedule of past and future expenses/losses
*Report of any medical expert relied upon.
What specific content should be included in relation to a claim for possession, occupation, use or enjoyment of land, or for an injunction or declaration in relation to land?
Must identify the land and make it clear whether it includes residential premises.
What specific content should be included where the claim is based on a written agreement?
The written agreement should be attached.
What specific content should be included in relation to an oral agreement?
Should set out the words spoken, by whom, where and when
What specific content should be included in relation to a claim based on an agreement by conduct?
Particulars should set out the conduct relied on and state by whom, when and where acts were done.
Where does the legal basis for claiming interest derive from?
How can the claimant calculate interest?
It can calculate EXACTLY the interest claimed
OR
Claim (plead interest generally).
Explain the exact calculation and pleading interest generally
Explain statutory interest claims
What is the ‘prayer’?
How should you start the ‘parties’ section?
At all material times the Claimant was…. and the Defendant was…..
What should be included in the ‘duty section’
Any of the following:
- Duty under contract
a) express terms
b) implied terms - Duty in tort
What should you state if a document forms the basis of your claim?
A copy of the […] is attached to these Particulars of Claim.
If the term of a contract to which you wish to refer is an express term should you state so?
Yes - the same applies to implied terms.
What wording should be used when you want to address another duty?
‘Further or alternatively, the Defendant owed the Claimant a like duty of care in tort’.
What terminology should be used where an exact date is not known by the claimant?
‘On/in or about’
What should the ‘breach’ section contain?
In breach of the express terms of the Letter of Engagement referred to in paragraph 4 above, and in breach of the implied term of the Letter of Engagement referred to in paragraph 5 above, and in breach of the duty of care in tort referred to in paragraph 6 above’.
What is the purpose of particulars of breach?
Why the claimant alleges the duties have been breached.
Is particulars of breach necessary?
no
How should each causation paragraph begin?
‘As a result of the breaches’.
