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CPR FLASHCARDS 2024 > Part 16 Statements Of Case > Flashcards

Part 16 Statements Of Case Flashcards

1
Q

What does Part 16 apply to?

A

Counterclaims, third party proceedings, and other similar claims governed by Part 20

All such claims fall within the definition of the term ‘statement of case’ (r2.3).

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2
Q

When does Part 16 not apply?

A

When the claimant uses the procedure set out in Part 8

Part 8 is the alternative procedure for claims.

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3
Q

What is the purpose of the Part 8 procedure?

A

Used for claims with unlikely substantial dispute of fact, often heard on written evidence

There is no requirement for particulars of claim, defences, or replies unless the court orders otherwise.

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4
Q

What must a person do upon being served with a counterclaim?

A

File a defence

See rules r.l5.2 and r.l5.6 for specifics.

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5
Q

What can follow the filing of a defence in counterclaims?

A

A reply may be served

Refer to r.l5.8 for details.

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6
Q

What must the claim form include according to Part 16?

A

Specific contents as outlined in the rules

The claim form requirements are detailed in section 16.2.

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7
Q

Which parts provide guidelines for specialist proceedings?

A

Parts 49, 57, 58, 59, 60, 61, 62, 63, and 65

These parts, along with their Practice Directions, deal with various types of specialist proceedings.

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8
Q

True or False: Part 16 applies to specialist proceedings without any exceptions.

A

False

Part 16 applies only to the extent that it is not inconsistent with the rules and practice directions applicable to specialist proceedings.

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9
Q

Fill in the blank: The alternative procedure for claims under Part 8 is often used for claims in which there is _______.

A

unlikely to be a substantial dispute of fact

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10
Q

What must a claim form contain regarding the nature of the claim?

A

A concise statement of the nature of the claim

This is required under Section A of the Civil Procedure Rules 1998.

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11
Q

What does the claimant need to specify in the claim form?

A

The remedy which the claimant seeks

This is crucial for the court’s understanding of the desired outcome.

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12
Q

What should the claim form include if the claim is for money?

A

A statement of value in accordance with rule 16.3

This indicates the monetary amount being claimed.

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13
Q

What additional information must be included if the claim is for a specified sum?

A

A statement of the interest accrued on that sum

This is necessary unless the claim is solely for a specified amount.

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14
Q

In civil proceedings against the Crown, what must the claim form contain?

A
  • Names of the government departments and officers concerned
  • Brief details of the circumstances of the liability

Defined under rule 66.1(2).

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15
Q

What happens if particulars of claim are not served with the claim form?

A

The claimant must state that particulars will follow

This ensures that the court is informed about pending details.

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16
Q

What must the claim form state if the defendant is sued in a representative capacity?

A

What that capacity is

This clarifies the role of the defendant in the proceedings.

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17
Q

True or False: The court may only grant remedies specified in the claim form.

A

False

The court can grant any remedy to which the claimant is entitled, even if not specified.

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18
Q

What is the consequence of specifying a precise figure in a money claim?

A

The claimant may obtain a default judgment for that sum, plus costs and interest if the defendant does not respond

This applies to both debt and damages claims.

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19
Q

What does Rule 16.2(5) state about remedies granted by the court?

A

Remedies are not limited to those specified in the claim form

This allows for flexibility in the types of remedies that can be awarded.

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20
Q

Fill in the blank: The claim form should identify the _______ complained of.

A

[tort, breach of contract or other civil wrong]

This is important for the clarity of the claim.

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21
Q

What is emphasized in the case of Edward v Okeke regarding claims?

A

The need for clarity in the specified amount claimed

This ensures that default judgment can be obtained for the exact sum.

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22
Q

What must a claimant include to avoid additional court fees?

A

They should not include claims for ‘further or other relief’ in their claim form

Doing so may lead to increased fees.

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23
Q

What does the commentary to rule 16.3 relate to?

A

A statement of value in accordance with that rule

This provides further guidance on monetary claims.

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24
Q

When can copies of a claim form be obtained?

A

Once an acknowledgment of service or defense has been filed, the claim is listed for a hearing, or judgment has been entered.

Non-parties cannot obtain these documents unless the court gives permission.

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25
Q

What must a claimant include in the claim form when making a claim for money?

A

The amount of money claimed and expectations regarding recovery.

The claimant must indicate if they expect to recover not more than £10,000 or cannot say how much is likely to be recovered.

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26
Q

If the claim is for personal injuries, what additional information must the claimant provide?

A

Whether the expected recovery for general damages is not more than £1,500 or more than £1,500.

This also applies to claims exceeding £10,000 up to £100,000.

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27
Q

Fill in the blank: A claimant must state in the claim form whether the amount expected to be recovered as general damages for pain, suffering, and loss of amenity is _______.

A

not more than £1,500 or more than £1,500.

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28
Q

True or False: A claimant can state that they cannot say how much is likely to be recovered in the claim form.

A

True

This allows flexibility for claimants who are uncertain about the potential recovery amount.

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29
Q

What must a claim form specify if the claimant expects to recover more than £100,000?

A

It must state that the claimant expects to recover more than £100,000

This is a requirement for claims issued in the High Court.

30
Q

What is required in a claim form if the claim is for personal injuries and the expected recovery is £50,000 or more?

A

It must state that the claimant expects to recover £50,000 or more

This is specific to personal injury claims in the High Court.

31
Q

What must a claim form indicate if the claim is to proceed in one of the specialist High Court lists?

A

It must state which specialist list the claim is proceeding in

This ensures the claim is allocated to the appropriate court track.

32
Q

True or False: The statement of value in the claim form limits the power of the court to award a different amount.

A

False

The statement of value does not limit the judgment amount the court may award.

33
Q

What must a statement of value include if the claimant is making a claim for money?

A

A statement of value must be included in the claim form

This is essential for the proper processing of monetary claims.

34
Q

What should be disregarded when calculating how much the claimant expects to recover?

A

The possibility of contributory negligence, counterclaims, or set-offs

These factors do not affect the initial calculation of expected recovery.

35
Q

Fill in the blank: The claim form must state that the defendant may be liable to pay part of any award directly to the _______.

A

Secretary of State

This relates to obligations under the Social Security (Recovery of Benefits Act 1997).

36
Q

What happens to the statement of value before the case is allocated to a case management track?

A

The court considers the statement of value

This occurs as part of the case management process.

37
Q

What rule states that the claimant must disregard the possibility of contributory negligence in their recovery calculations?

A

Rule 16.3(6)

This rule outlines specific considerations in the calculation of expected recoveries.

38
Q

What does Practice Direction 16 supplement?

A

CPM Part 16

It provides additional guidance on statements of case.

39
Q

Name one type of proceeding that has special provisions about statements of case.

A

Media and communications claims

Referenced in Part 53 and Practice Direction.

40
Q

What must a statement of case include if it exceeds 25 pages?

A

An appropriate short summary at the start.

41
Q

What is required in the claim form regarding the claimant’s address?

A

Must include an address where the claimant lives or carries on business, including postcode.

42
Q

If the defendant is an individual, what should the claimant include in the claim form?

A

An address for the defendant, including postcode.

43
Q

What happens if the claim form does not include a full address for all parties?

A

The claim form will be issued but retained by the court until a full address is provided.

44
Q

What must the claim form be headed with?

A

The title of the proceedings, including the full name of each party.

45
Q

For an individual carrying on business, what information should be included in the claim form?

A

Full name, title by which known, and full trading name.

46
Q

How should a partnership name be listed in the claim form when partners are sued in the name of the partnership?

A

The full name by which the partnership is known, along with ‘(a Firm)’.

47
Q

What is required for a company or limited liability partnership registered in England and Wales in the claim form?

A

The full registered name, including suffix (plc, Limited, LLP, etc.).

48
Q

Which rules specify the particulars of claim?

A

Rules 7.4 and 7.5.

49
Q

How should particulars of claim be included in the claim form?

A

Set out in the claim form if practicable.

50
Q

What must be included with particulars of claim that are not in the claim form?

A

They may be served with the claim form or later, within specified periods.

51
Q

True or False: The particulars of claim must be verified by a statement of truth.

A

True.

52
Q

What must the particulars of claim contain?

A

The particulars of claim must contain:
* The name of the court
* The claim number
* The title of the proceedings
* The claimant’s address for service

These details ensure the claim is properly identified and processed by the court.

53
Q

In personal injury claims, what specific information must be included in the particulars of claim?

A

In personal injury claims, the particulars of claim must include:
* The claimant’s date of birth
* Brief details of the claimant’s personal injuries

This information helps establish the identity and circumstances of the claimant.

54
Q

What must a claimant attach to the particulars of claim regarding expenses?

A

A claimant must attach a schedule of details of any past and future expenses and losses claimed

This attachment provides a clear account of financial impacts resulting from the injury.

55
Q

True or False: A report from a medical practitioner is necessary if the claimant relies on medical evidence.

A

True

The report substantiates the claimant’s personal injury claims and supports the evidence presented.

56
Q

What must a particulars of claim include when seeking an injunction or declaration regarding land?

A

It must state whether the injunction or declaration relates to residential premises and identify the land using a plan if necessary.

57
Q

In a claim to recover possession of goods, what must the particulars of claim contain?

A

A statement showing the details of the goods.

58
Q

What must be attached to the particulars of claim when it is based on a written agreement?

A

A copy of the contract or documents constituting the agreement and any general conditions of sale incorporated in the contract.

59
Q

If a claim is based on an oral agreement, what details must the particulars of claim include?

A

The contractual words used, and details of who, to whom, when, and where they were spoken.

60
Q

What must be specified in the particulars of claim if the claim is based on an agreement by conduct?

A

The conduct relied on, and details of who, when, and where the acts constituting the conduct were done.

61
Q

In a High Court claim relating to a Consumer Credit Agreement, what statement must be included in the particulars of claim?

A

A statement that the action is not one to which section 141 of the Consumer Credit Act 1974 applies.

62
Q

What details must a claimant include if they wish to rely on evidence of a conviction under the Civil Evidence Act 1968?

A

The type of conviction, finding, or adjudication, its date, the court that made it, and the issue in the claim to which it relates.

63
Q

What matters must be specifically set out in the particulars of claim if a claimant wishes to rely on them?

A
  • Any illegality
  • Any allegation of fraud
  • Details of misrepresentation
  • Details of breaches of trust
  • Notice or knowledge of a fact
  • Details of wilful default
  • Details of unsoundness of mind or undue influence
  • Facts relating to a claim for mitigation expenditure
64
Q

True or False: The particulars of claim must include evidence of any misrepresentation to support the claim.

A

True

65
Q

Fill in the blank: The particulars of claim must specify the conduct relied on in an agreement by _______.

A

conduct

66
Q

What must a claim for a sum of money in a foreign currency state?

A

It must state:
* that the claim is for payment in a specified foreign currency
* why it is for payment in that currency
* the Sterling equivalent of the sum at the date of the claim
* the source of the exchange rate relied on to calculate the Sterling equivalent.

This is important for clarity in legal proceedings regarding foreign currency claims.

67
Q

What is required in a subsequent statement of case?

A

It must not contradict or be inconsistent with an earlier one.

For example, a reply to a defense must not introduce a new claim.

68
Q

In clinical negligence claims, what phrase should be included at the top of every statement of case?

A

‘Clinical negligence’

This ensures that the nature of the claim is immediately clear.

69
Q

What must the defense include to be valid?

A

It must be verified by a statement of truth in the specified form.

This is a requirement to ensure accountability and accuracy in legal proceedings.

70
Q

True or False: A party can introduce new claims in a reply to a defense.

A

False

New matters can only be addressed if they have come to light, and must be consistent with previous statements.

71
Q

Fill in the blank: The claim must specify the _______ of the exchange rate relied on to calculate the Sterling equivalent.

A

[source]

This is crucial for verifying the currency conversion used in the claim.

CPR FLASHCARDS 2024 (9 decks)

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