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Dispute Resolution > Statement of Case > Flashcards

Statement of Case Flashcards

1
Q

what documents does the statement of case include?

A

claim form, POC, defence, counterclaim and Part 20 claims

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2
Q

what information is included in SOC documents?

A
  • SOCs do not contain detailed evidence, only essential facts
  • All SOCs must be verified by a statement of truth
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3
Q

what must parties not include in SOC documents?

A
  • Parties must not mislead the court so any allegations should only be included if there is evidence i.e. if the client alleges fraud, this should only be included if there is evidence
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3
Q

why is it important SOCs are correctly pleaded?

A
  • The court will not allow a party to pursue an issue or grant any relief or remedy that is not pleaded in the SOC. If a new issue comes to light / remedy sought, the SOC will need to be amended
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4
Q

when will SOC need to be amended?

A

if there is a material error or if a party wants to pursue a new issue / remedy

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5
Q

what is a specified claim?

A

the claim is for a specific sum of money

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6
Q

typically, what type of claim is a debt claim?

A

Debt claims are nearly always specified. C may claim damages for an unspecified sum i.e. loss of profit arising from defective goods

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7
Q

what is an unspecified claim?

A

claims where the court needs to consider the loss suffered and will decide the award i.e. damages

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8
Q

typically, what type of claims are tort claims?

A

o All personal injury claims and most claims in tort are unspecified

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9
Q

re: statement of truth

what documents require a statement of truth?

A

SOCs, w/s, AoS, CoS, cost budgets etc. require SOT

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10
Q

re: statement of truth

what it the statement of truth on a court form?

A

“I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth:

o I believe that the facts stated in this CF and any attachments are true.

o The Claimant believes that the facts stated this CF and any attachments are true. I am authorised by the claimant to sign this statement.”

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11
Q

re: statement of truth

what is the statement of truth used on other documents (i.e. not court forms)?

A

[I believe] [The claimant or as may be believes] that the facts stated in this [name of the document] are true. [I understand] [The claimant or as may be understands] that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

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12
Q

re: statement of truth

who can sign a statement of case?

A

party or legal rep

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13
Q

re: statement of truth

who can sign a witness statement / expert report?

A

witness or expert themselves

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14
Q

re: statement of truth

who signs a cost budget?

A

senior legal representative

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15
Q

re: statement of truth

who signs the disclosure report?

A

party themselves

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16
Q

re: statement of truth

when the claimant is an individual, how do they sign a statement of truth?

A

o Claimant is an individual > [I believe]

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17
Q

re: statement of truth

when the claimant is not an individual, how is a statement of truth signed?

A

In all other cases, the authorised person signs in their own name (not the firm) on behalf of C [the Claimant believes] and must add [I am duly authorised by the [party] to sign this [document] and states their position:
 A partner or person of control of the partnership
 A person holding a senior position in the company (i.e. director, treasurer, company secretary, manager)
 Legal representative

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18
Q

re: statement of truth

when a legal representative signs a statement of truth, what is presumed?

A

it is presumed:
* The client has authorised them to do so
* They have explained that signing the document means that they have confirmed that the client’s belief that the facts are true
* The client has been warned of the consequences should it transpire that the client didn’t have an honest belief

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19
Q

re: statement of truth

what happens if the statement of truth formalities are not complied with?

A

Failure to comply court result in the claim being struck out or being precluded from relying on the document

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20
Q

re: claim form

what are the key elements on a claim form?

A
  • Claimant(s) names and addresses
  • Defendant(s) name and addresses:
  • Brief details of claim:
  • Defendant’s name and address for service
  • Amount claimed:
  • Preferred County Court hearing centre
  • Witnesses
  • Human rights
  • Particulars of claim
  • Statement of truth
  • Claimant’s address for service
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21
Q

re: claim form

when the defendant is an individual, what name is stated?

A

full unabbreviated name

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22
Q

re: claim form

when the defendant is a sole trader, what name is stated?

A

[D’S NAME] t/a [TRADING NAME NAME]

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23
Q

re: claim form

when D has died, what name is stated?

A

o If D has died, the claim should name the appointed PR(s). If GOR has not been granted then ‘the personal representatives of [NAME] deceased]

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24
Q

re: claim form

if D is a partnership, what name is stated?

A

[FIRM’s NAME] (a Firm)

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25
Q

re: claim form

if D is a company, what name is stated?

A

registered name and address (check companies house) important to include ‘LTD, limited’ etc

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26
Q

re: claim form

what is important to note about the ‘defendant’s name and address’ box?

A

the defendant’s address, which may be different to the service address

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27
Q

re: claim form

what information is to be provided under the ‘brief details of claim’ box?

A

o Brief details i.e. date of COA, details of contract and subject matter
o Figures and interest and how it arises
o Remedy (i.e. payment of debt)

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28
Q

re: claim form - value

what is important to remember about the type of claim here?

A

o If the claim is for spec & unspec amounts, the whole claim is treated as unspecified (i.e. a claim for a specified amount + loss of profit = unspec)

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29
Q

re: claim form - value

what information is included if the claim is specified?

A

state amount, interest and compensation i.e. The claim is for a specified sum of X, plus X interest and compensation of X

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30
Q

re: claim form

what information is included if the claim is unspecified?

A

Issuing in CC - C must state the amount they reasonably expect to recover in accordance with the financial bands (if possible):
* ‘not more than £10,000 (ten thousand pounds)’
* ‘more than £10,000 (ten thousand pounds) but not more than £25,000 (twenty-five thousand pounds)
* ‘more than £25,000 (twenty-five thousand pounds)
* ‘more than £100,000 (one hundred thousand pounds)’ / ‘more than £50,000’
* ‘I cannot say how much I expect to recover’

Issuing in HC - ‘C can expect to recover more than £100k/50k (if PI)

In PI claims (not inc. RTA), C must also state whether they expect to recover general damages for pain, suffering and loss of amenity is more/less than £1.5k

NB: this figure does not include any expected award of interest, contributory negligence or counterclaims

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31
Q

re: claim form - value

where the claim is unspecified, what information is not included?

A

the value of the claim does not include any expected award of interest, contributory negligence or counterclaims

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32
Q

re: claim form

where the claim is unspecified, what information must also be included in PI claims?

A

In PI claims (not inc. RTA), C must also state whether they expect to recover general damages for pain, suffering and loss of amenity is more/less than £1.5k

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33
Q

re: claim form

what address if provided under the ‘address for service’ box?

A

D’s service address or solicitor’s details if this has been previously confirmed in writing

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34
Q

re: claim form

what information is included under the ‘amount claimed’ box?

A

o This includes interest (C cannot calculate interest of an unspecified claim)
o Court fee is based on this sum (max £10k)
o Legal costs > specified = fixed costs / unspecified = ‘to be assessed’

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35
Q

re: claim form

what is the ‘preferred county court hearing centre’?

A

the claimant’s preferred court

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36
Q

re: claim form

what information is included under the ‘witnesses’ box?

A

information must be provided on the support any witness needs

37
Q

re: claim form

what information is included under the ‘human rights’ box?

A

C must confirm whether there are any human rights issues

38
Q

re: claim form

if the POC is on a separate sheet, what must the claimant ensure?

A

o Can be in the CF or separate sheet. If separate, they will need to be verified by a separate statement of truth (compliant with CPR Part 22).

39
Q

re: claim form

explain execution of the statement of truth

A

must be signed, dated and in C’s own language

40
Q

re: POC

what information is included in the POC?

A

concise facts that gave rise to the dispute and demonstrate the COA; remedy sought (inc. grounds for aggravated or exemplary damages if sought); any interest and what this is claimed under (i.e. statue / contract)

41
Q

re: POC

what is the position regarding interest in unspecified claims?

A

NB: if the claim is unspecified, C won’t be able to calculate the interest. They will only be able to set out the basis for the entitlement of the interest.

42
Q

re: POC

when are documents annexed to the POC?

A

Any relevant documents can be annexed to the POC.

Some documents must be annexed to the POC i.e.:
o Written contract > copy of the contract / agreement
o Personal injury > schedule of past and future expenses and losses claimed & any medical report relied upon

43
Q

re: POC

where the claim is for breach of contract, what must be annexed?

A

if it was a written contract, a copy of the contract / agreement

44
Q

re: POC

where the claim is for personal injury, what must be annexed?

A

schedule of past and future expenses and losses claimed & any medical report relied upon

45
Q

re: POC

what information must be included in a POC for breach of contract?

A
  1. particulars of claim
  2. particulars of breach
  3. particulars of loss / damage
  4. summary of remedies (not a requirement of the CPR but good practice)
  5. statement of truth
46
Q

re: POC - breach of contract

what information would be included under the ‘particulars of claim’ section?

A

 Status of parties
 Chronology
 Existence of contract (i.e. date, type, subject matter, consideration):
* Written agreement must be annexed.
* Oral > POC must state words used, by and to whom and when
* Conduct > specify the conduct relied upon, when, where and whom
 Terms (i.e. express and implied)
 Breach alleged generally

47
Q

re: POC - breach of contract

what information would be included under the ‘particulars of breach’ section?

A

 Itemised breakdown of the breach
 Factual consequences (i.e. poor quality goods could not be sold)
 General statement of loss / damage (i.e. by reason of breach, C has suffered loss / damage)

48
Q

re: POC - breach of contract

what information would be included under the ‘particulars of loss and damage’ section?

A

 Itemised statement of loss / damage
 Interest and/or basis of entitlement

49
Q

re: POC - breach of contract

how is interest and/or basis of entitlement pleaded in specified claims?

A

lump sum calculation for interest owed from date of breach to date of issue plus the daily rate
o Daily interest = (amount owed x interest %) / 365
o Total interest = daily interest x no. days since debt was due

50
Q

re: POC - breach of contract

how is interest in a specified claim calculated?

A

o Daily interest = (amount owed x interest %) / 365
o Total interest = daily interest x no. days since debt was due

51
Q

re: POC - breach of contract

how is interest and/or basis of entitlement pleaded in unspecified claims?

A

C only has to set out entitlement to interest, i.e.:
1. Interest specified under contract
2. Late Payment of Commercial Debts Act > 8% above Bank of England’s base rate on the date the debt become due and payable. C is also entitled to a small amount of compensation for having to recover the debt. (NB: this applied to commercial debts only (i.e. not unspecified claims or debts owed by consumers))
3. In all other cases, the court has discretion to award interest

52
Q

re: POC - breach of contract

when does the Late Payment of Commercial Debts Act apply?

A

this applies to commercial debts only (i.e. not unspecified claims or debts owed by consumers)

53
Q

how is a POC for breach of contract and POC for negligence similar and different?

A
  • A POC for a negligence claim would take the same form. The court has discretion to award interest on damages in a negligence claim and it is normally awarded from when the loss was sustained.
54
Q

re: defence

what response structure does a defence take?

A

Responds to each point in the POC with either:
o Denied (must state why and own version of events);
o Not admitted (i.e. D has no knowledge – D cannot admit matters outside of their knowledge); or
o Admitted

55
Q

re: defence

what happens if a point is missed?

A
  • If a point is missed this will deemed to be accepted
56
Q

re: defence

if relevant, what must D ensure is included?

A
  • If relevant, D will need to include any limitation arguments i.e. when the limitation period commenced, expired and authority (i.e. statute or contractual)
57
Q

re: defence

when is the burden of proof on D?

A

The BOP is also on D in relation to:
o Contributory negligence arguments by C
o If C has failed to mitigate their losses
o When raising the limitation defence

58
Q

re: defence

what must D include if it is a PI claim?

A

In a PI claim:
o If C has included a schedule, D should attach a counter schedule.
o If D has obtained their own medical report, this should be attached.

59
Q

re: defence

explain the BOP on C

A

The BOP is on C to prove:
o Non-admitted facts
o Denied facts
o Where D has raised limitation, that the claim is not time barred

  • C will not need to prove any admitted facts
60
Q

re: defence

what are the formalities of the defence?

A

Defence must comply with formalities of the CPR and include:
o the name of the court;
o the claim number;
o the parties;
o the title (DEFENCE / DEFENCE AND COUNTERCLAIM);
o the date and signature of solicitors in the name of the firm;
o the statement of truth; and
o details of who is to be served and where.

61
Q

re: defence

what structure does the defence take where is also includes a counterclaim?

A

Where the defence also includes a CC:
o Defence will be first and counterclaim will follow
o To avoid repetition, the first paragraph will state relevant paragraphs of the defence are repeated
o Remainder sets out the allegations of loss resulting from C’s breach

62
Q

re: reply

does C need to file a response to a defence? Explain the position.

A
  • C is under no obligation to file a response.
  • CPR is clear that if C does not file a response, this does not mean they admit matters raised in the defence
63
Q

re: part 20 claims

who can make a part 20 claim?

A

the defendant

64
Q

re: part 20 claims

what claims are included?

A
  1. counterclaim
  2. claim for contribution or indemnity
  3. other additional claims
65
Q

re: part 20 claims

what is a counterclaim?

A
  • A claim by D against C in response to C’s claim
66
Q

re: part 20 claims

when can a counterclaim be made?

A
  • A CC can be made by D if they have a COA against C
  • D must have actually suffered loss attributable to C i.e. if D has a good reason for not paying, but hasn’t suffered loss they should not lodge a CC
67
Q

re: part 20 claims

explain ‘set-off’

A

counterclaim is also called ‘set-off’ because D’s defence is that they should not have to pay the money sough because, if they can establish their CC, it will set off the amount claimed and C will need to pay them damages

68
Q

re: part 20 claims

does D need the court’s permission to file a counterclaim?

A
  • D can make a CC against C without the court’s permission if the CC is filed with their defence. Otherwise, they will need the court’s permission.
69
Q

re: part 20 claims

if D files a counterclaim, what must C do?

A
  • C must file a defence to the CC within 14 days (unless an ext. of up to an additional 28 days is agreed) otherwise D can apply for a DJ
70
Q

re: part 20 claims

what is a claim for contribution / indemnity?

A
  • A claim by D against any person (i.e. whether already party or not) for contribution, indemnity or some other remedy
71
Q

re: part 20 claims

is the court’s permission needed for a claim for contribution / indemnity?

A

D does not need the court’s permission so long as the claim is filed:
o With their defence; or
o Within 28 days of the new party filing their defence.

72
Q

re: part 20 claims

explain contribution

give examples

A

Contribution = a right to contribution can arise between joint tortfeasors (i.e. to an RTA), joint debtors, by statute.

Examples:
o Solicitor sued in prof neg obtained a contribution from advising barrister
o Contribution obtained from a contractor, cartel member

73
Q

re: part 20 claims

explain indemnity

give an example

A

Indemnity = a right of someone to recover from a third party the whole amount which he himself is liable to pay. Claimed by asserting:
 A statutory right
 Breach of implied or express term of contract
 Claim under Civil Liability (Contribution Act) 1978

Example > consumer sues retailer. The retailer alleges there was an inherent defect. Retailer will claim an indemnity from the manufacturer.

74
Q

re: part 20 claims

what are examples of other additional claims?

A

o D makes an additional claim against someone who is not a party to the proceedings but they are related in some way
o The new party brings a claim against another person (whether party to the proceedings or not)

75
Q

re: part 20 claims

is the court’s permission needed to bring ‘other additional claims’?

A
  • The court’s permission is not needed to bring such a claim so long as it is issued before or at the time of filing the defence
76
Q

re: part 20 claims

if an additional claim is brought, how does this affect the original claimant?

A

C can only obtain judgment against the person they bought the initial claim against i.e. they couldn’t get a joint judgment against all the new parties added to the claim

77
Q

re: part 18 RFI

explain this in relation to statement of case

A
  • The request itself is not a SOC, but the response is
78
Q

re: part 18 RFI

when will a party be required to disclose additional information?

A
  • The court can order a party to provide further information at any time during the proceedings, regardless of whether the matter is referred to in the SOC
  • Parties can also make an application under Part 18 for an RFI order, but parties are expected to attempt to resolve the matter between themselves first
79
Q

re: part 18 RFI

what will the court order?

A
  • The party can be ordered to clarify or give additional information
80
Q

re: part 18 RFI

what are the steps a party takes when making an RFI (pre-application)?

A

o First must serve a written notice and give reasonable time to respond
o The RFI should be concise and strictly confined to matters which are reasonably necessary and proportionate to enable them to prepare their case or understand the case to be met
o It should be a single comprehensible document and not piecemeal
o RFI can be by letter if brief, otherwise it should be in a separate document
o The request must be headed with the name of the court, party names, case number name and state that it is a part 18 request
o The first paragraph should identify the parties and state the date and date for response i.e. ‘The request is made on [date] and [party] expects a response by [date]

81
Q

re: part 18 RFI

what information should the request be limited to?

A

o The RFI should be concise and strictly confined to matters which are reasonably necessary and proportionate to enable them to prepare their case or understand the case to be met

82
Q

re: part 18 RFI

what form should the request take?

A

o It should be a single comprehensible document and not piecemeal
o RFI can be by letter if brief, otherwise it should be in a separate document
o The request must be headed with the name of the court, party names, case number name and state that it is a part 18 request
o The first paragraph should identify the parties and state the date and date for response i.e. ‘The request is made on [date] and [party] expects a response by [date]

83
Q

re: part 18 RFI

what are the formalities for the RFI response?

A

o Response should be in writing.
o Each point in the RFI will be listed and the response will be underneath
o Must be signed, dated and verified by a statement of truth
o Must be filed and served

84
Q

re: part 18 RFI

what happens if a party does not comply with an RFI?

A

o Court application can be made no earlier than 14 days after the request

85
Q

re: part 18 RFI

what is the time frame for making an RFI court application?

A

o Court application can be made no earlier than 14 days after the request

86
Q

re: part 18 RFI

when will an RFI application be granted?

A

o The application will be granted if the request was confined to matters that are reasonably necessary and proportionate to enable the applicant to prepare their case / understand the case against them

87
Q

re: part 18 RFI

if the RFI application is successful, what happens next?

A

o If the court makes an order, the Part 18 response will need to be filed and served

88
Q

re: amending SOC

what must be filed if permission is required?

A
  • If court permission is required, the party must file an N244 and amended SOC
89
Q

re: amending SOC

what will the court consider when deciding whether or not to grant permission?

A

o The OO (i.e. to deal with cases justly and at a proportionate cost);
o The injustice if the amendment is refused against the injustice to the opposing party if it’s permitted

90
Q

re: amending SOC

explain the position in relation to amending within the limitation period

A

After filing but before service > amendments can be made at anytime

After filing and service > amendments can only be made with:
o Written consent of all parties: or
o Permission of the court

91
Q

re: amending SOC

explain the position in relation to amending after the limitation period

A
  • The court can only allow an amendment in the following three circumstances:
    o to add or substitute a new claim, if this arises out of the same or substantially the same facts as an existing claim;
    o to correct a (genuine) mistake as to the name of a party;
    o to alter the capacity in which a party claims.

Dispute Resolution (13 decks)

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