General rules in relation to Statements of Case Flashcards
Sarah, a claimant, is filing a statement of case but forgets to include a statement of truth. What consequence is she likely to face?
A) The statement will not be admissible as evidence.
B) The claim will be automatically struck out.
C) She will be fined immediately.
D) The court will allow it as long as the facts are true.
A) The statement will not be admissible as evidence.
📌 Explanation: Under CPR 22.1, a statement of case requires a statement of truth to be admissible as evidence. Without it, the document lacks legal validity and may be challenged in court.
James, a solicitor, drafts a defence statement containing deliberately false information and signs the statement of truth. What could happen to him?
A) He may be struck off the solicitor’s register and face contempt of court proceedings.
B) The court will allow him to correct the mistake later.
C) The claimant will be given costs against him.
D) Nothing, as long as the defendant instructs him to do so.
A) He may be struck off the solicitor’s register and face contempt of court proceedings.
📌 Explanation: Under CPR 32.14, making a false statement verified by a statement of truth without an honest belief is contempt of court, which may lead to sanctions, fines, or even imprisonment.
A defendant is served with a statement of case, but the case title does not include the court name or case number. What is the likely consequence?
A) The statement of case may be rejected by the court.
B) The court will correct the mistake automatically.
C) The defendant must proceed with their response as usual.
D) The case will be struck out immediately.
A) The statement of case may be rejected by the court.
📌 Explanation: Under Practice Direction 7A, every statement of case must include the court name, division, and case number. Failure to comply may lead to rejection or the need for amendments.
A company files a defence without a statement of truth. The court notices the omission and contacts the company. What should the company do?
A) Submit a corrected statement with a valid statement of truth.
B) Wait for the court to fix the issue.
C) Ignore the issue as it does not affect the proceedings.
D) Ask the opposing party for permission to proceed without it.
A) Submit a corrected statement with a valid statement of truth.
📌 Explanation: A statement of truth is mandatory under CPR 22.1. The company must submit a valid statement of truth to avoid potential inadmissibility or sanctions.
A solicitor representing a claimant prepares a statement of case. Which of the following formatting errors could lead to non-compliance?
A) The document does not contain numbered paragraphs.
B) The solicitor does not include their name.
C) Dates are written in words rather than figures.
D) All of the above.
D) All of the above.
📌 Explanation: Under 5A PD 2, formatting rules require numbered paragraphs, a solicitor’s name, and dates in figures for clarity and consistency. Non-compliance may result in required amendments.
A party files a statement of case with unclear allegations and insufficient detail. What is the likely consequence?
A) The opposing party may apply to strike it out or request further information.
B) The court will amend the document on their behalf.
C) The statement will be automatically dismissed.
D) The court will allow it as long as some facts are present.
A) The opposing party may apply to strike it out or request further information.
📌 Explanation: If a statement of case lacks clarity, the opposing party can apply to strike it out under CPR 3.4 or request further details under CPR 18.
A claimant believes the defendant has lied in their statement of truth. What can they do?
A) Apply for contempt of court proceedings under CPR 32.14.
B) Strike out the defence immediately.
C) Ignore it as the court will deal with it automatically.
D) Request an amendment to the statement of case.
A) Apply for contempt of court proceedings under CPR 32.14.
📌 Explanation: Under CPR 32.14, contempt of court proceedings can be initiated if a false statement of truth is suspected.
What should a party do if they realise they made a mistake in their statement of case after it has been filed?
A) Apply to amend the statement of case.
B) Do nothing and wait for the court to notify them.
C) Withdraw the case and start again.
D) Ignore the mistake if it is minor.
A) Apply to amend the statement of case.
📌 Explanation: Under CPR 17, amendments to statements of case require court permission if made after service.
A solicitor drafts a statement of case but does not verify the accuracy of the information provided by the client. What risk does the solicitor face?
A) The solicitor may be held liable if the client makes a false statement.
B) The solicitor has no responsibility as they are just following instructions.
C) The court will not review the solicitor’s involvement.
D) The solicitor may be disqualified from legal practice immediately.
A) The solicitor may be held liable if the client makes a false statement.
📌 Explanation: Under professional conduct rules, solicitors must ensure statements of case are truthful. False statements could expose them to liability.
A claimant’s statement of case includes allegations that are irrelevant to the dispute. What might the court do?
A) Strike out the irrelevant parts under CPR 3.4.
B) Allow the claimant to proceed with all allegations.
C) Ignore the irrelevant content and continue the case.
D) Require the defendant to disprove the allegations first.
A) Strike out the irrelevant parts under CPR 3.4.
📌 Explanation: Under CPR 3.4, a court may strike out any part of a statement of case that does not comply with procedural rules or is irrelevant.
