Particulars of Claim Flashcards
What is the purpose of the Particulars of Claim?
Set out C’s claim in full detail, C’s main statements of case, will be referred to when identifying issues
What must the Particulars of Claim include?
A concise statement of the facts on which the claimant relies
What are the essential elements of claimant’s cause of action?
Duty, breach, causation, and loss
What is not the purpose of the Particulars of Claim?
To set out law, evidence, or arguments
What does claimant provide at a later stage of the claim process after particulars of claim?
Evidence
Who argues the law in the case?
The advocate in their submissions
What must the Particulars of Claim set out in specific claims?
Aggravated damages, exemplary damages, and/or provisional damages with grounds
What should be included in Personal Injury claims?
C’s date of birth, details of injury, attached schedule of past and future expenses, losses, and report of any expert medical practitioner relied on
What must be identified in claims regarding land?
The land and whether it includes residential premises
What should be done for written agreements in Particulars of Claim?
Attach the written agreement
What should be done for oral agreements?
Set out words spoken, by whom, when, and where
What should be included in an agreement by conduct?
The same as oral agreements: words spoken, by whom, when, and where
What detailed rules must be followed regarding particulars of claim?
Past convictions, fraud, illegality, unsoundness of mind
What must be included regarding human rights arguments?
Any human rights arguments must be included in the Particulars of Claim
What is required in Particulars of Claim when claiming interest?
C’s right to interest, and the legal basis for interest (contract or statutory right)
How can interest be calculated in the Particulars of Claim?
Either calculate the exact amount of interest or claim interest generally
What must be specified when calculating the interest amount?
Applicable percentage rate, date from/to which interest is claimed, total amount, and daily rate thereafter
What happens if the claim is partly specified and partly unspecified?
You can treat the two claims separately or combine them and treat the whole claim as unspecified
What principles apply to statutory interest claims?
Court has discretion to award interest, generally. In personal injury claims, interest must be awarded if damages over £200
What is the structure of the Particulars of Claim?
- Introducing each party, 2. Set out relevant duty, 3. Specify the breach, 4. Plead causation, 5. Set out loss
What is the summary of relief in the Particulars of Claim?
Referred to as the ‘prayer’, provides the court and D with a quick means by which to ascertain what the claimant wants
