Particulars of claim

Question 1

Generally, what must particulars contain?

Answer 1

a concise statement of facts on which the claimant relies

material facts and allegations

background of facts

Must show - DUTY BREACH CAUSATION AND LOSS

Question 2

What requirements does CPR set out for particulats of claim?

Answer 2

Any claim for aggravated, exemplary or provisional damages and grounds for claiming them

For PI - C’s DOB, details of injury, schedule of past and future expenses losses and the report of any expert medical practitioner which is relied on

Claim in relation to land must identify the land and make clear whether it includes residential premises

any written agreement the claim is based on must be included

if rely on oral agreement set out the details of words spoken and to whom and by whom and where

if rely on agreement by conduct, then details of the conduct

Question 3

What is the legal basis for claiming interest in particulars of claim?

Answer 3

Contractual or

statutory

Question 4

What are the two ways of setting out the paragraphs claiming interest?

Answer 4

calculating exactly the amount of interest claimed or

claiming the interest generally

Question 4

When can exact calculations be done to claim interest?

Answer 4

When claimant is making a specified claim

you need to set out
- the percentage rate
- date to and from the claim is made
- total amount claimed up to the issue of the claim form and
- daily rate of interest thereafter

Question 5

When can you claim interest generally?

Answer 5

If issuing an unspecified claim eg where court has a decision to make because parties do not agree to an amount

Question 6

What principles apply if the claimant relies on statutory interest?

Answer 6

The court has discretion as to whether to award interest and how much from the date the cause of action accured until judgement

In PI claims if damages awarded are over £200 some interest must be awarded unless there are specific reasons for not doing so

In debt claims if D pays the whole debt during the proceedings some interest must be awarded but this is in the court’s discretion

Question 7

What is the structure of particulars of claim

Answer 7

Must set out DUTY BREACH CAUSATION AND LOSS

1. Introduce each party
2. set out duty and relevant facts
3. specify the breach
4. plead causation
5. set out loss and interest claim - PRAYER