E. Statements of Case

Question 1

E. Statements of Case (card 1)
What are statements of case?

Answer 1

Docs in which parties set out their case and set the parameters of the case and identify disputes in issue.

Question 2

E. Statements of Case (card 2)
Where are the statements of case served?

Answer 2

Served on parties and/or filed at court so parties know what’s in dispute.

Court only try the issues raised in statements of case.

A party cannot pursue issue/claim a remedy that’s not in statements of case.

Question 3

E. Statements of Case (card 3)
What seven things must a claim form contain?

Answer 3

1. Names/addresses of parties
2. Details of claim
3. Value of claim and
   remedy sought (if specified claim, specify the amount of the debt)
4. Claimant’s preferred court
5. Fees and costs
6. Particulars of claim (optional as can be served on its own within 14 days of service of the claim form)
7. Statement of truth & if Human Rights Act 1998 applies

Question 4

E. Statements of Case (card 4)
What 11 things should the PoC include?

Answer 4

1. Status of parties
2. Background of claim
3. Details of contract itself (attach it)
4. Terms of contract (express & implied)
5. Details of breach of contract/duty
6. Consequences of breach of contract or duty
7. Details of loss suffered
8. Relief claimed (damages) - amount C is claiming
9. Interest claimed
10. Prayer (summarises the amount C claims- damages & interest)
11. Statement of truth

Question 5

E. Statements of Case (card 5)
What must a C do when they are claiming interest on damages?

Answer 5

State the:
1. Basis for the interest claim, i.e., contract, statute
2. % interest rate if the claim is for a specified sum

If not a/b, s35A Senior Courts Act 1981/s69 County Courts Act 1984- determine appropriate interest payable

Question 6

E. Statements of Case (card 6)
What happens if C fails to insert claim for interest in the particulars?

Answer 6

They won’t get any.

Question 7

E. Statements of Case (card 7)
What are the three ways in which a defendant can respond to each of the paragraphs in the particulars i.e. in their defence?

Answer 7

1. Admit
2. Deny
3. Non-admission

Admitted claims are no longer in dispute and the claimant no longer has to prove them.

Failure to respond means a claim is deemed admitted

Question 8

E. Statements of Case (card 8)
What is the point of submitting a defence?

What should be included in the defence?

Answer 8

Narrows the issues in dispute.

Statement of truth.

Question 9

E. Statements of Case (card 9)
Reply to defence (5 things to recall)

Answer 9

C can reply to defence but no obligation to do so.

Can do if they want to answer any new facts piut forward in defence.

C cannot raise new causes of action in reply/ try and amend PoC.

Include SoT

If C does reply, they have to file with court with directions questionnaire and serve on D. Deadline is 28 days from date of provisional allocation notice.

Question 10

E. Statements of Case (card 10)
In estimating value of a claim, what should the claimant focus on and what should they disregard?

Answer 10

Focus on: What the claimant is claiming for damages

Disregard: Interest, costs, contributory negligence, any counterclaim

Question 11

E. Statements of Case (card 11)
What are the three things a defendant can do in their response?

Answer 11

1. Admit part or all of the claim
2. File and serve a defence to the claim, and possibly a counterclaim
3. Acknowledge service and indicate they propose to defend the claim

Admissions can be withdrawn with court permission

Question 12

E. Statements of Case (card 12)
What are the four types of claim available to a defendant under Part 20?

Answer 12

1. Counterclaim
2. Claim against a third party
3. Claim seeking contribution or indemnity
4. Counterclaim against a third party

Question 13

E. Statements of Case (card 13)
What are the four key features/requirements of a counterclaim?

When is court permission required and not required to file a counterclaim?

Answer 13

1. Brought by existing defendant against the claimant within the same proceedings
2. Arises out of the same or substantially the same facts as the claimant’s claim against defendant
3. Monetary claim in its own right
4. Is not a defence
   Permission not required if counterclaim is filed with defence.

Permission required after this time.

Question 14

E. Statements of Case (card 14)
What is a claim against a third party under Part 20, and what are three features?

Answer 14

Defendant claims a person who is not a party to the case has caused the claimant’s losses

1. New party will be called a third party
2. Application can be made without notice, unless directed otherwise
3. Particulars of the third party claim must be contained in or served with the third party claim form (no option for them to follow as with an initial claim)

Court permission the same as counterclaim

Question 15

E. Statements of Case (card 15)
What is a claim seeking contribution or indemnity under Part 20?

Answer 15

Defendant claims that if they are found liable to the claimant, another party to the claim (usually another defendant) is liable to repay some of the amount (contribution) or all of the amount (indemnity)

Court permission the same as counterclaim and third party claim, except that permission not needed after defence if contributing/indemnifying party was not added until later in the case and the contributing/indemnifying party is served within 28 days of filing their defence

Question 16

E. Statements of Case (card 16)
What is always required for a counterclaim against a third party under Part 20?

Answer 16

Court permission

Question 17

E. Statements of Case (card 17)
How is an additional Part 20 claim served in cases where permission is not required?

How is an additional Part 20 claim served if issued later than this time?

Answer 17

It is served on each party to the claim when the defence is filed

It must be served on the person against whom it is made within 14 days

Question 18

E. Statements of Case (card 18)
Within what timescale of service must a defence to a Part 20 claim be served, and what is the consequence of failing to do so?

Answer 18

Within 14 days of service of the counterclaim. Failing that, the original defendant can obtain default judgment on the counterclaim

Question 19

E. Statements of Case (card 19)
Where additional claims are brought by the defendant, what must the additional party do where (1) they are already a party to the case, and (2) they are not already a party to the case?

Answer 19

1. File a defence, if already a party
2. File an acknowledgement and/or defence, if not already a party

Same rules apply to them as the original defendant at the beginning

Question 20

E. Statements of Case (card 20)
What is required to amend a Statement of Case before it has been served, and after it has been served?

Answer 20

Before: Can be amended at any time without permission

After: Written consent of all parties or court permission required

Question 21

E. Statements of Case (card 21)
If a party wishes to make a request for information from the other side, do they need to go through the court for this?

Answer 21

Only if the party does not adequately respond within a reasonable time

If a party objects to a request for information, they should respond providing reasons why

Question 22

E. Statements of Case (card 22)
What are five grounds for objecting to a request for information?

Answer 22

1. Unnecessary, irrelevant, or improper
2. Unable to provide information/clarification
3. Insufficient time to reply
4. Disproportionately expensive to reply
5. Privilege

Something is relevant if it relates to matters which are disputed by the parties