statement of case

Question 1

THE PURPOSE OF STATEMENTS OF CASE

Answer 1

1. The purpose of a Statement of Case is to provide an outline of a party’s case on** liability, causation, and quantum**.
2. The court may strike out an inadequate Statement of Case.
3. To be adequate, the Statement of Case must provide** details of the cause of action, the exact nature of the allegations, and the financial consequences**.
4. In a contractual dispute, it usually is a good idea to append the contract to the Particulars of Claim to show the obligations owed.

Question 2

5

Claims Arising from Debt

Answer 2

In a debt case, the Particulars of Claim should set out
1. the** nature** of the goods sold and delivered
2. if appropriate, the** date** of delivery, and
3. the price.
4. It must specify that the debt has not been paid and set out the interest accrued pursuant to the contract.
5. Again, the prayer, statement of truth, date, and author should appear at the foot of the document.

Question 2

10

Particulars of Claim in a breach of contract case should in-clude the following information:

Answer 2

1.The parties to and the date of the agreement;
2. The nature and purpose of the contract and the consid- eration;
3. Any express or implied terms that the claimant alleges have been breached by the defendant;
4. The facts concerning each breach alleged;
5. The losses that flow from the alleged breaches;
6. Details of interest claimed;
8. The prayer, that is, a summary of what is being claimed: damages, interest, and costs;
9. A statement of truth; and
10. The date of the document and the author.

Question 3

7

Claims in Tort
a.Road Traffc Accident Claims

Answer 3

1. a brief description of the nature of the collision,
2. the time, date, and place of the occurrence
3. allegations of negligence against the defendant.
4. relevant conviction ( if any,the nature of the conviction, where and when the defendant was convicted, and setting out the issue to which the conviction relates )
5. The Particulars should also provide details of any inju-ries suffered, appending a copy of the medical report.
6. The Particulars for a traffic accident should also contain** a schedule of past and future loss** and** expense** (or one
   should be attached) and plead the claim for interest.
7. details of the date and author, together with the prayer and the statement of truth.

Question 4

6

Claims in Tort
b.Claims Arising from Employers’ Liability

Answer 4

1. Particulars for a claim arising from employers’ liability should establish the relationship between the employer and employee (or the relationship between the parties in
   a public liability claim).
2. It should also plead any relevant statutory provisions.
3. There should be a description of the circumstances and the nature of the allegations, for example, breach of statutory duty.
4. The document should provide details of the injuries with a medical report and
5. a schedule of loss. It will again conclude with details of interest claimed
6. the prayer, statement of truth, date of document, and author.

Question 4

5

When the claimant is claiming interest on damages, they
must:

Answer 4

1. State the basis for the claim; that is, whether the right to interest is derived from contract, a statute, and so forth; and
2. If the claim is for a specifed sum, state the percentage rate at which interest is claimed, the **date from which **interest is claimed,
3. ** the date** the claim for interest** ends**,
4. the** total amount** of interest claimed, and the **daily rate **at which interest accrues after that date.
5. Note: In a breach of contract case, interest will be at either** the statutory rate** or the rate stated in the contract, whichever is higher. The statutory rate is not fixed, but in non-commercial cases courts usually use 8%, and in commercial cases they usually use 1% above the Bank of England base rate.

Question 5

7

Common Features
In addition to interest, there are some specifc points that the claimant must include in the Particulars of Claim if they propose to rely on them. These include:

Answer 5

Allegations of fraud;
The fact of any illegality;
Details of any misrepresentation;
Details of a** breach of trust;
Notices of knowledge of a fact;
Details of unsoundness** of mind or undue influence;
Details of wilful default; and
Any facts concerning the defendant’s failure to mitigate loss or damage.

Question 6

3

defense
Admissions, Non-Admissions, and Denials

Answer 6

a.Admission
1. The defendant can admit the paragraph is true.
2. If the defendant admits a paragraph is true, it is no longer in dispute and the claimant will not have to prove it.
3. If the defendant fails to respond to a particular paragraph of the Particulars of Claim, it is deemed to be admitted.

b.Deny
1. Alternatively, the defendant may deny the truth of a paragraph
2. in which case they must state reasons for doing so and set out an alternative version of events, which is often referred to as** the defendant’s positive case**.
3. If a fact is denied, the claimant must prove it.

c.Non-Admission
1. Finally, the defendant may state that they neither admit nor deny a paragraph if the fact(s) alleged in the paragraph are outside the defendant’s knowledge (for example, the nature and sum of the losses suffered by the claimant).
2. A paragraph which is neither admitted nor denied must be proved by the claimant.

Question 7

Personal Injury Claims

Answer 7

In a personal injury claim, the defence must state whether the defendant agrees with the medical report served with the Particulars of Claim. If disputed, they must state the reasons, or they can neither agree nor dispute, stating that they have no knowledge of the matters contained within the report.

Question 8

Defence of Set-Off

Answer 8

1. In situations where the defendant claims that the claimant owes them money, the defendant may fole a defence seeking to** reduce the amount** that they have to pay to the claimant by the amount that the claimant owes them. This is known as **a defence of set-off **and most commonly arises in debt claims.

Question 9

5

REPLY

Answer 9

1. A reply is a Statement of Case that a party may send in response to a defence.
2. It is optional and usually is prepared only if something has been raised in the defence that requires a response, so that the issues between the parties are defined.
3. A reply may deal with any points raised in the defence that were not covered by the Particulars of Claim.
4. Unlike a defendant’s failure to respond to allegations in a claim, a court will not imply adverse implications from the claimant’s failure to reply to a defence.
5. A reply may not be used to rectify any mistakes or omissions from the Particulars of Claim; rather, the purpose is to clarify any points raised in the defence** that were not dealt with in the claim** or with which the defendant may wish to take issue.

Question 10

THIRD-PARTY (PART 20) CLAIMS

Answer 10

1. Defendants may bring claims against third parties who might be liable to the claimant or the defendant under the facts relating to the claimant’s claim.
2. The defendant also may make counterclaims against the claimant. These types of claims are commonly called ‘Part 20 claims’ after the section authorising such claims.

Question 11

5

Counterclaim

Answer 11

1. A defendant may counterclaim against the claimant for losses arising from the same set of circumstances involved in the claimant’s claim.
2. A counterclaim must be brought within the same set of proceedings.
3. The key features of a counterclaim are that it:
   *Is brought by an existing defendant against the claimant;
   *Arises out of the** same or substantially **the same facts as the claimant’s claim against the defendant;
   *Is a monetary claim in its own right; and
   *Is not a defence.
4. A defendant can make a counterclaim against the claimant without the court’s permission if the defendant files the counterclaim with their defence.
5. If the defendant wishes to make a counterclaim at another time, the defendant then must obtain the court’s **permission. **

Question 12

5

Claim Against AnotherPerson

Answer 12

1. the additional claim can be made without permission if issued before, or at the same time as, the defence is filed; thereafter, court permission is required.
2. The new party will be termed a ‘third party’.
3. The application can be made without notice unless the court directs otherwise.
4. Particulars of the additional claim must be contained in or served with the additional claim.
5. If a third party wishes to blame someone else, that party will be referred to as ‘fourth party’ and so on.

Question 13

Claim Seeking Contribution or Indemnity

Answer 13

1. Under Part 20, a party may serve a notice on another party (usually another defendant) that that party must pay the serving party some (contribution) or all (indemnity) of any payment **if the serving party is ordered to pay to the claimant.
2. Indemnity or contribution can arise under contract, under statute, or by virtue of the relationship between the defendant and the additional party.
3. Permission of the court is not required** if the claim for
   contribution or indemnity **is filed and served with the defence. Permission is required at other times.
4. If the claim for contribution or indemnity is against a party who is not added to the claim until later in the action, no permission is required if the party is served within 28 days of the third party fling their defence

Question 14

Counterclaim Against AnotherThird Party

Answer 14

1. A defendant may bring an additional claim against a person against whom the defendant has a monetary claim arising out of the** same facts** as the main action where that person is not already a party to the action.
2. In this type of case, the Part 20 defendant is termed a ‘third party’.
3. A third party can be added only** by order of the court. **

EXAMPLE
A van driver (claimant) is injured whilst driving a company vehicle. The driver issues proceedings against the other
driver (defendant) involved in the collision. The defendant blames the claimant and counterclaims, but they need to make a Part 20 counterclaim against the employer who is ‘vicariously’ liable for the van driver’s actions.

Question 15

Serving a Part 20 Claim

Answer 15

1. An additional claim made where permission is not required must be** served on each party** to the claim when the defence is filed.
2. If an additional claim is issued by the court later, it must be served on the person against whom it is made within 14 days of issue.

Question 16

Responding to a Part 20 Claim

Answer 16

1. A defence to a counterclaim must be served within 14 days of the date of service, failing which the defendant can obtain judgment on the counterclaim
2. For additional claims brought by the defendant, the additional party must serve a defence if already a party, or an acknowledgement and/or defence, if not.
3. If the additional party fails to acknowledge or defend the additional claim, they are deemed to admit the main action. They will be bound by the outcome

1.

Question 17

2

REQUESTS FOR FURTHER INFORMATION

Answer 17

Any party can make a request to another party:
*For clarifcation of any matter in dispute; and/or
*For additional information in relation to any such matter.

Question 18

5

Initial Request for Information

Answer 18

1. A party should first make a formal request for the information from the other party and should make an application to the court only if the receiving party does not respond adequately within a reasonable period.
2. A respondent who objects to complying with the request should state why.
3. If the party who made the request still wants to press for the information, they will make an application, serving a copy on the respondent.
4. The court will list the application for **a hearing **unless the respondent has failed to respond at all to the initial request, in which case the court can consider the matter without a hearing.
5. A party must endorse replies to a Request for Information with a statement of truth.

Question 19

5

The grounds for objecting to a request for further information include:

Answer 19

*The request is unnecessary, irrelevant, or improper;
*The responding party is unable to provide information or clarifcation;
*The party requesting the information gave an insufficient time to reply;
*The expense of complying with the request would be disproportionate to the claim or contrary to the overriding
objectives of the CPR; and
*The responding party is protected from answering by existing privilege.

Exam Tip
For a Request for Information to be relevant, the matters to which the request relates must be disputed by the parties. Therefore, if the matters have been admitted or are simply not in issue because they do not relate to allegations made in the Statements of Case, the request will not be appropriate.

Question 20

2

AMENDING A STATEMENT OF CASE

Answer 20

1. Before a Statement of Case has been served, it can be amended at any time without permission of the court.
2. After a Statement of Case has been served, a party can amend it only with written consent of all other parties or the permission of the court.

Question 20

2

Process for Amendment

Answer 20

1. The party seeking to amend fIles the application notice with a copy of the proposed amended Statement of Case.
2. If the parties consent, the court decides on the application without a hearing; otherwise, a hearing will be held.

Question 20

2

Applications to Add a Party
If the amendment sought is to add or remove a party, an ap-plication with supporting evidence is required. The court can add a new party if:

Answer 20

1. It is desirable to add the new party so that the court can resolve all matters in dispute in the proceedings; or
2. There is an issue involving the new party and an existing party which is connected to the matters in dispute in the **proceedings and it is desirable to add the new party so that the court can resolve the issue.

Question 21

Applications to Remove a Party

Answer 21

The court can order a person to cease to be a party if it is not desirable for them to be a party in the proceedings.
EXAMPLE

Question 22

2

Applications to Substitute a Party
The court can also substitute a new party for an existing party if:

Answer 22

*The existing party’s interest or liability has passed to the new party; and
*It is desirable to substitute the new party so that the court can resolve the matters in dispute in the proceedings.

Question 22

2

After Limitation Has Expired

Answer 22

1. If the limitation period for the claim against the new party has expired, the court can **add or substitute a party only if the relevant limitation period was current when the proceedings were started and the addition or substitution isnecessary. **
2. To determine that the substitution is necessary, the court must be satisfed that:
   *The new party is to be substituted for a party who was named in the claim form in mistake for the new party
   *The claim cannot properly be carried on by or against the original party unless the new party is added or substituted as claimant or defendant; or
   *The original party has died or had a bankruptcy order made against them and their interest or liability has passed to the new party.

Exam Tip
If you are being assessed on whether it is possible to add or substitute a party to a claim, ensure that you are clear whether the limitation period in respect of the claim against the new party has expired or not. Remem-ber that (1) the original action must have been timely filed; and (2) the substitution must be necessary.