Particulars of Claim

Question 1

POC can be served…

Answer 1

CPR 7.4

in CF (16 PD 3.1) 
with CF as separate document (16 PD 3.2(1))
up to 14 days after CF served (16 PD 3.2(2))

IF NOT INCLUDED or not served with CF, CF must contain statement that POC will follow

Question 2

what must POC include?

Answer 2

all material facts and allegations which if proved by evidence, WOULD ENTITLE C TO REMEDY IT SEEKS as a matter of law

all facts that ‘tell the story’ and assist reader in understanding the case

Question 3

1st paragraph

Answer 3

At all material times, the claimant was [engaged in../describe C’s business or profession] and the defendant [same thing]

Question 4

format at the end

Answer 4

TOP RIGHT HAND CORNER - name of solicitors/individual barrister that drafted statement of case

STATEMENT OF TRUTH - can’t be on its own on the page

DATE - of service and address/reference for service of documents in proceedings (“Served this 11th day of October 2017, by Price Prior, [address], solicitors for the Claimant Ref: xxxxxxx”)

Question 5

statement of truth

Answer 5

The Claimant believes the facts stated in this Particulars of Claim are true. I am duly authorised by the Claimant to sign this statement.

I believe that the facts stated in these particulars of claim are true.

Question 6

Content of POC

Answer 6

1. Background facts
2. Duties
3. Breach
4. Causation
5. Loss
6. Interest
7. The Prayer (summary of remedies sought)

Question 7

duties

Answer 7

arise if parties agree to it (contract) or court developed case law saying parties are close enough to each other to require a duty to be owed (tort)

CONTRACT

• express (written or oral)
• implied

TORT
- “Further or alternatively, the Defendant owed the Claimant a like duty of care in tort”

Question 8

EXPRESS DUTY

Answer 8

“It was an express term of the Contract that… A copy of the contract is attached”

Question 9

IMPLIED DUTY - SERVICES

Answer 9

“It was an implied term of the Contract that the Defendant would, at all material times, carry out the service with the reasonable care and skill to be expected of a reasonably competent solicitor”

Question 10

IMPLIED DUTY - GOODS

Answer 10

“it was an implied term of the Contract that the Goods would be of satisfactory quality and further or in the alternative, fit for the particular purpose of [X]”

Question 11

Breach

Answer 11

state each duty was breached

“In breach of [express/implied term referred to in paragraph [X]/the duty of care in tort refered to in paragraph Z], the Defendant [did this]”

E.g. “… the Defendant gave negligent advice in that it did not carry out the work with the reasonable care and skill to be expected of a reasonably competent solicitor specialising commercial property law”

GIVE DETAILS IN ‘PARTICULARS OF BREACH’ if you need to give background facts

Question 12

causation

Answer 12

“As a result of breaches set out in paragraph [X] above, [set out what C had to do and at what cost”

OR

“As a result of the breach referred to in paragraph Y above, the Claimant entered into the transaction to… and has suffered loss and damage”

IF case is that there is FULL reliance (e.g. only bought land because of D’s advice - include that detail)

Question 13

loss

Answer 13

PARTICULARS OF LOSS AND DAMAGE

• set out losses
• less anything
• only put things with numbers

IF something you can’t put a number on…
separate paragraph: “The Claimant also seeks damages for damage to reputation”

NB. C - kitchen sink (everything lost as a result of D’s action), D - argue scope of duty limited to what he said and what it is

Question 14

claim for interest (unspecified claim)

Answer 14

“The Claimant claims interest on damages pursuant to [section 35A of the Senior Courts Act 1981/section 69 of the County Courts Act 1984] at such rate and for such period as the court thinks fit”

(use if some elements of damages is not specified - e.g. loss of goodwill/reputation, something unquantifiable)

Question 15

claim for interest (specified claim)

Answer 15

“The Claimant also claims interest pursuant to clause X of the contract or s.35A Senior Courts Act 1981/s.69 County Courts Act 1984 from the due date of the invoice to today’s date at a rate of 8% per annum in the total sum of £X”

PARTICULARS OF INTEREST

8% of £X claimed for the period A-B inclusive (C days at the daily rate of £Y) = £X

“Further, the claimant claims interest as above from today’s date until judgement or earlier payment at a daily rate of £Y”

Question 16

claim for interest (specified claim) - how to work out

Answer 16

total sum =

(number of days due/365) x (amount claimed) x rate of interest

daily rate =
(amount claimed/365) x rate of interest

Question 17

the prayer (unspecified claims)

Answer 17

AND THE CLAIMANT CLAIMS:

(i) damages under paragraph X above
(ii) interest under paragraph Y above

Question 18

the prayer (specified claims)

Answer 18

AND THE CLAIMANT CLAIMS

(i) the said sum of…
(ii) interest under paragraph X above to today’s date in the sum of £Y
(iii) further interest under paragraph Z above at a daily rate of £B until judgement or earlier payment”