Particulars of Claim Flashcards
Lena is bringing a breach of contract claim against her former business partner. She is preparing the particulars of claim. Which of the following must she include in the document?
A) A detailed list of all the evidence she intends to rely on at trial.
B) A concise statement of the facts she relies on to prove the claim.
C) An outline of legal arguments explaining why she should win the case.
D) A witness statement supporting her version of events.
B) A concise statement of the facts she relies on to prove the claim.
Explanation:
Particulars of claim must set out the material facts of the claim but should not include evidence or legal arguments (CPR 16.4(1)(a)).
David is suing his employer for personal injury after an accident at work. What additional details must he include in the particulars of claim?
A) The full name and addresses of all witnesses.
B) A schedule of past and future losses.
C) A detailed legal argument citing case law.
D) A copy of the employer’s health and safety policy.
B) A schedule of past and future losses.
Explanation:
Personal injury particulars must include details of injuries, a schedule of past and future expenses, and any expert medical reports (PD 16, para 4).
Daniel is suing his neighbour for nuisance. His claim is based on an oral agreement between them. What must he include in the particulars of claim?
A) The name of his solicitor.
B) A full transcript of all conversations with his neighbour.
C) The exact words spoken, by whom, when, and where.
D) A statement of case law supporting his claim.
C) The exact words spoken, by whom, when, and where.
Explanation:
When a claim is based on an oral agreement, the particulars must include who said what, to whom, when, and where (PD 16, para 7.4).
In a contract dispute, the claimant’s particulars of claim refer to a written agreement. What must the claimant do?
A) Attach a copy of the written agreement to the particulars of claim.
B) Summarise the key contract terms without providing the document.
C) Refer to the contract but state it will be disclosed later.
D) Provide witness statements instead of the written agreement.
A) Attach a copy of the written agreement to the particulars of claim.
Explanation:
If a claim is based on a written agreement, a copy must be attached to the particulars of claim (PD 16, para 7.3).
A claimant forgets to include an interest claim in the particulars of claim but later wants to claim interest. What is the likely consequence?
A) The court will automatically award interest regardless.
B) The claimant must apply to amend the particulars of claim.
C) The defendant can request the court to strike out the entire claim.
D) The claimant can only claim interest on damages after the judgment is made.
B) The claimant must apply to amend the particulars of claim.
Explanation:
Interest must be explicitly pleaded in the particulars of claim. If omitted, the claimant must apply to amend the document before trial (CPR 16.4).
A claimant makes a claim for an unspecified amount of damages in their particulars of claim. How should they state the value?
A) Specify a precise amount even if they are unsure.
B) State they expect to recover more than or less than a specific threshold (e.g., £25,000).
C) Leave out any reference to value.
D) State the amount of damages they would like to recover.
B) State they expect to recover “more than” or “less than” a specific threshold.
Explanation:
For unspecified damages, the claimant must state whether they expect to recover below £10,000, between £10,000-£25,000, or more than £25,000 (CPR 16.3).
The defendant argues that the claimant’s particulars of claim lack sufficient detail to support their case. What can the defendant do?
A) Apply to have the claim struck out.
B) Do nothing and wait for trial.
C) Ask the claimant for clarification informally.
D) File a witness statement challenging the claim.
A) Apply to have the claim struck out.
Explanation:
If particulars of claim do not contain sufficient facts, the defendant can apply for them to be struck out under CPR 3.4.
In a personal injury claim, what must the claimant state about their injuries?
A) The injuries suffered and their date of birth.
B) The injuries suffered and a summary of legal arguments.
C) The injuries suffered but without mentioning financial loss.
D) Only future medical expenses, not past ones.
A) The injuries suffered and their date of birth.
Explanation:
In a personal injury claim, the claimant must state their date of birth, details of their injuries, and provide a schedule of past and future expenses (PD 16, para 4).
A claimant is bringing a land dispute claim. What extra details must be included in the particulars of claim?
A) The exact purchase price of the land.
B) The name of the previous owners.
C) A clear identification of the land, including if it is residential.
D) Copies of old planning permission documents.
C) A clear identification of the land, including if it is residential.
Explanation:
Land-related claims must identify the land and confirm if it includes residential premises (PD 16, para 7.1).
A claimant submits particulars of claim separately from the claim form. What is the deadline for serving them?
A) Within 14 days of serving the claim form.
B) Within 28 days of serving the claim form.
C) Before the first court hearing.
D) Within 7 days of the claim form being issued.
A) Within 14 days of serving the claim form.
Explanation:
If particulars of claim are served separately, they must be served within 14 days of serving the claim form (CPR 7.4(1)(b)).
Sophia is bringing a fraud claim against her former business partner. What additional details must she include in her particulars of claim?
A) The legal arguments and case law supporting the claim.
B) A detailed breakdown of all financial transactions in dispute.
C) A specific statement setting out the facts of the fraud, including dates and key individuals involved.
D) The defendant’s full criminal record.
C) A specific statement setting out the facts of the fraud, including dates and key individuals involved.
Explanation:
A fraud claim requires specific allegations of fraud, including who made the fraudulent representation, when, and how it was misleading (PD 16, para 8).
A claimant sues a deceased person’s estate for an unpaid debt. How should they name the defendant in the particulars of claim?
A) “[Name of deceased], deceased”
B) “The Estate of [Name of deceased]”
C) “The personal representatives of [Name of deceased]”
D) “The beneficiaries of [Name of deceased]”
C) “The personal representatives of [Name of deceased]”
Explanation:
A claim against a deceased person must be brought against their personal representatives (executors or administrators), not the estate or beneficiaries (PD 16, para 5).
The claimant files their claim form without including the particulars of claim and intends to serve them separately. What must they do?
A) Serve the particulars of claim within 7 days of issuing the claim form.
B) Serve the particulars of claim within 14 days of serving the claim form.
C) Serve the particulars of claim before the first hearing.
D) Serve the particulars of claim within 28 days of issuing the claim form.
B) Serve the particulars of claim within 14 days of serving the claim form.
Explanation:
If particulars of claim are not included in the claim form, they must be served within 14 days of serving the claim form (CPR 7.4(1)(b)).
