SGS 2

Question 1

What is a statement of case? What three purposes does it serve?

Answer 1

A statement of case is a document which sets out the basis of a party’s claim against other parties in the action.

1. it informs the parties of each other’s case(s);
2. it enables the parties and the court to identify the points of dispute between them. This, in turn, means the case can proceed smoothly to trial or settlement; and
3. it provides the judge with a concise statement of each party’s case

Question 2

What are the main statements of case?

Answer 2

The main statements of case are:

1. the claim form;
2. the particulars of claim (if separate from the claim form);
3. the defence; and
4. the counterclaim.

A party’s statement of case can be used as evidence in the proceedings only if verified by a statement of truth

Question 3

Where are the rules governing format of statements of case

Answer 3

Form (5A PD and 7A PD)

Every statement of case must contain:

1. a heading;
2. numbered paragraphs;
3. pages numbered consecutively;
4. all numbers and dates in figures;
5. reference in the margin to every document mentioned that has already been filed at court;
6. the name of the person who drafted the document. (The statement of case will therefore contain the name of an individual barrister or the firm of solicitors (5A PD 2.1)); and
7. a statement of truth.

Question 4

What rule governs the particulars of claim?

Answer 4

CPR 16.4

Question 5

What is a particular of claim?

Answer 5

The particulars of claim must include ‘a concise statement of the facts on which the claimant relies’ (CPR 16.4(1)(a)) and must cover the essential elements of the claimant’s cause of action.

The particulars of claim must therefore

• set out all the material facts and allegations which, if proved by evidence, would entitle the claimant to the
  remedy it seeks as a matter of law.
• set out any facts that ‘tell the story’ - the background facts

Question 6

What is the format of a particulars of claim?

Answer 6

If a particulars of claim is served separately from the claim form, it must contain the following formal parts:

1. the heading (see paragraph 1.2 above);
2. the claimant’s address for service; and
3. a statement of truth (CPR 22

Question 7

What are the common implied terms in a contract?

Answer 7

1. REASONABLE CARE AND SKILL- In a service contract, there is an implied term that the contract must be carried out with reasonable care and skill.
2. GOODS TO MATCH DESCRIPTION - If your cause of action (i.e. case) relates to goods sold to you by description, then under s. 13(1) of the Sale of Goods Act 1979 there is an implied term that the goods will correspond to that description.
3. GOODS OF SATISFACTORY QUALITY - If your cause of action relates to goods which you allege to be defective in some way, then under s. 14(2) Sale of Goods Act 1979 (as amended by the Supply and Sale of Goods Act 1994) there is an implied term that the goods are of satisfactory quality where the seller sells in the course of a business.
4. FIT FOR PARTICULAR PURPOSE - If your cause of action relates to goods and you told a seller who was selling in the course of a business that you wanted the goods to be fit for a particular purpose, then there is an implied term that the goods would be fit for that particular purpose under s. 14(3) Sale of Goods Act 1979.