Particulars of Claim Flashcards
When must the PoC be served, if the CF has been served separately?
The PoC must be served within 14 days after service of the CF and no later than 4 months from the date of issue of the CF (para 3.2, PD 16).
When is deemed service, if the PoC are served personally?
On the same business day (if before 1630) or in any other case on the next business day (CPR 6.7).
When is deemed service of the PoC if served by first class post?
By CPR 6.7, it is the second day after it was posted - provided that day is a business day; if not, the next business day after that.
When is deemed service of the PoC, if served by email?
By CPR 6.7, on the same business day, if the email is sent before 1630 or in any other case, on the next business day.
What are the relevant CPRs for formatting of the PoC?
Para 2.6, PD 16 for the names of the parties
Para 2.2 PD 5A for the formatting of the paper.
What are the principles laid down in the Queen’s Bench Guide, for the contents of the PoC?
Para 6.7.4 states that a SoC must be:
1) as brief and concise as possible and confined to setting out the bold facts - but not the evidence of them.
2) set out in separate consecutively numbered paragraphs.
3) one allegation per paragraph.
4) deal with the claim on a point-by-point basis.
5) set out in chronological order.
6) any matter which if not stated might take another party by surprise should be stated.
What is the authority for attaching a copy of a contract or written agreement with the SoC?
Para 7.3, PD 16
How should the SoC deal with oral contracts?
According to para 7.4, PD 16 the PoC should set our the contractual words used and state by whom, to whom and when and where they were spoken.
How is interest calculated?
1) according to the terms of a contract.
2) Statute:
i) Late payment of Commercial Debts (Interest) Act 1998:
- interest under the Act can be claimed at a rate of 8% pa above BoE reference rate on the date the debt became due for payment.
- the Act also provides for payment of a fixed sun between £40 and £100 compensation for late payment.
ii) s.35A SCA 1981
- this is at the court’s discretion
- the interest is 1% above BoE interest rate (commercial) and 8% above BoE interest rate (non-commercial).
- interest is claimed from and including the day after the cause of action arose.
What is the authority for the statement of truth on SoC?
Para 2.1, PD 22
What is the convention for signing statements of truth for SoC, where it is drafted by a legal representative?
Para 3.1, PD 22 a legal representative who signs a statement of truth must sign in his own name and not that of his firm
