Statement of Case

Question 1

What documents are needed to commence a claim against a defendant?

Answer 1

Claim form and particulars of claim

Question 2

When a defendant receives a claim, they are limited to admit it or defend it only

Answer 2

False, they may admit, defend or enter non-admission

Question 3

Can a defendant also make a separate claim against the claimant?

Answer 3

Yes, a counterclaim

Question 4

What steps can a defendant take if the claimant’s particulars of claim need to be clarified?

Answer 4

Make a request for further information to the claimant.

Question 5

What is the purpose of a defence?

Answer 5

To indicate to the court what their position is in relation to each allegation

Question 6

What are exemplary or punitive damages?

Answer 6

Designed to punish the defendant

Question 7

What are aggravated damages?

Answer 7

Additional damages claimed because the defendant caused the claimant mental distress or injury to feelings

Question 8

Does a claimant need to reply to a defence?

Answer 8

No, it is optional

Question 9

What is a part 20 claim?

Answer 9

An additional claim brought by the defendant to an action, drafted in the same document as the defence. Can be a counterclaim or other additional claims.

Question 10

Can a defendant make a counterclaim without permission from the court?

Answer 10

Yes, provided that it is submitted at the same time as the defence. If not, permission from court is needed.

Question 11

What other additional claims are there in a part 20 claim?

Answer 11

1. where a claimant has issued proceedings against two defendants, and first defendant wishes to seek indemnity from second defendant
2. where a defendant wishes to add a another party to proceedings

Question 12

Can a claimant file a defence to a counterclaim?

Answer 12

Yes, within 14 days, unless extension of up to 28 days is agreed.

Question 13

How to request further information about a statement of case?

Answer 13

• send a request in writing to the other party, with a reasonable date by which a response should be received
• if request is ignored or response insufficient, apply to the court for a part 18 order

Question 14

A claimant commences proceedings by filing a completed claim form and particulars of claim with the court. At trial, the claimant is
successful and asks the court to use its discretion to add interest to the judgment sum.

Which of the following responses best reflects the claimant’s legal position?

A. The court can exercise its discretion and add interest at an appropriate rate to the claimant’s award.

B. If the claimant has included a claim for interest in their particulars of claim, the court can exercise its discretion and add interest at
either the rate claimed or at an appropriate rate to the claimant’s award.

C. If the claimant has included a claim for interest in their particulars of claim but failed to specify the rate, the court will refuse to order interest be added to the judgment sum.

D. If the claimant has failed to include a claim for interest in their particulars of claim, the court will order that interest be awarded at
the standard rate of 8%.

E. If the claimant has included a claim for interest in their particulars of claim but failed to specify the rate, the defendant will be able
to argue that the rate of interest should be 1% as a sanction for failing to specify the rate claimed.

Answer 14

B. If the claimant has included a claim for interest in their particulars of claim, the court can exercise its discretion and add interest at
either the rate claimed or at an appropriate rate to the claimant’s award.

Question 15

A defendant is served with a claim form and particulars of claim. The defendant admits some of the allegations and denies others. The
claimant has, however, also made several allegations against the defendant that are outside the scope of the defendant’s knowledge.

Which of the following best represents how the defendant should proceed?

A. The defendant should deny all allegations that he does not admit. The burden of proof is on the claimant to prove the allegations stated.

B. The defendant should ignore any allegations that are outside his sphere of knowledge. The burden of proof is on the claimant to
prove the allegations stated.

C. The defendant should deny all allegations made against him in the particulars of claim. The burden of proof is on the claimant to
prove the allegations stated.

D. The defendant should admit or deny the allegations that are within his sphere of knowledge and submit non-admissions against
the remainder. The defendant should state that the claimant is required to prove the allegations that are the subject of the non-admissions.

E. The defendant should submit non-admissions against all of the allegations made against him in the particulars of claim. The
defendant should state that the claimant is required to prove the allegations that are the subject of the non-admissions.

Answer 15

D. The defendant should admit or deny the allegations that are within his sphere of knowledge and submit non-admissions against
the remainder. The defendant should state that the claimant is required to prove the allegations that are the subject of the non-admissions.

Question 16

A claimant contracts a building company to build an extension to their house. The building company subcontract the electrical work to
an independent contractor. Once work is completed, there is a fault with the wiring that causes a small fire. The claimant suffers
losses of £25,000 due to the fire. The claimant sues the building company as their contractual agreement exists only with them.

Which of the following best describes how the defendant can proceed?

A. The defendant should defend the claim and also issue an additional claim under Part 20 Civil Procedure Rules 1998 (CPR)
against the electrical contractor so that it can be considered part of the overall proceedings.

B. The defendant should defend the claim on the basis that it was not their fault or responsibility. If the claimant is successful, the
defendant can issue a separate claim against the electrical contractor.

C. The defendant should defend the claim on the basis that it was not their fault. The court will not find the defendant liable as they
did not carry out the work on the claimant’s property.

D. The defendant cannot defend the claim as they were contractually obligated to the claimant and it is clear that the breach has
caused the damage. They should offer to settle with the claimant, file a consent order and conclude court proceedings. The
defendant can then issue a separate claim against the electrical contractor.

E. The defendant should not file a defence; however, they can issue a Part 20 claim against the electrical contractor. This will mean
that the defendant will no longer be party to proceedings.

Answer 16

A. The defendant should defend the claim and also issue an additional claim under Part 20 Civil Procedure Rules 1998 (CPR)
against the electrical contractor so that it can be considered part of the overall proceedings.

Question 17

A defendant is served with a claim form and particulars of claim. The defendant files a defence within the relevant time period and

denies all of the allegations made. Eight weeks after the particulars of claim were served, the defendant seeks legal advice about
some money that the claimant owes her in relation to a different matter and is told she would have a good claim.

Which of the following reflects the best way the defendant can proceed?

A. The defendant should file a counterclaim against the claimant immediately. It does not matter that the facts are unconnected to the
original claim; the defendant is entitled to commence a counterclaim at any point.

B. The defendant should file a separate claim against the claimant immediately. As the facts are unconnected to the original claim, it
cannot be dealt with by way of counterclaim; however, the defendant is entitled to issue proceedings against the claimant
separately.

C. The defendant should seek the court’s permission to bring a separate claim against the claimant immediately. As the facts are
unconnected to the original claim, it cannot be dealt with by way of counterclaim; however, the defendant is entitled to issue
proceedings against the claimant separately with permission of the court.

D. The defendant should wait until the current proceedings are concluded and then issue a claim against the claimant separately. As
the facts are unconnected to the original claim, it cannot be dealt with by way of counterclaim; however, the defendant is entitled to
issue proceedings against the claimant separately.

E. The defendant should apply for the permission of the court to file a counterclaim against the claimant immediately. It does not
matter that the facts are unconnected to the original claim; the defendant is entitled to commence a counterclaim. However, as the
time period for a defence being submitted has now expired, the defendant will need permission from the court to do so.

Answer 17

E. The defendant should apply for the permission of the court to file a counterclaim against the claimant immediately. It does not
matter that the facts are unconnected to the original claim; the defendant is entitled to commence a counterclaim. However, as the
time period for a defence being submitted has now expired, the defendant will need permission from the court to do so.

Question 18

A claimant commences proceedings against a defendant. When the defence is received, the claimant does not feel able to respond as
the defence is confusing.

Which of the following best describes how the claimant should proceed?

A. The claimant should file a reply to defence and indicate that the defence is not sufficiently clear to respond properly.

B. The claimant should write to the defendant asking them to clarify the parts of their defence that are confusing in a reasonable
timescale.

C. The claimant should apply to the court and request that they order the defendant to clarify the parts of their defence that are
confusing.

D. The claimant should write to the defendant asking them to clarify the parts of their defence that are confusing immediately, failing
which the claimant will make an application for the defence to be struck out.

E. The claimant should apply to the court to have the defendant’s statement of case struck out.

Answer 18

B. The claimant should write to the defendant asking them to clarify the parts of their defence that are confusing in a reasonable
timescale.