Statements of Case Flashcards
Does part 16 apply to Part 8 claims?
No
What must the claim form contain?
- concise statement of nature of claim
- remedy sought
- where C is making a claim for money - contain a statement of value (and interest if specified sum)
- any matters set out in PD
- if either party is claiming/responding in a representative capacity
Where PoC is not contained in CF/served with it - what must C do ?
state that PoC will follow (w/in 14 days + 4mnth long stop)
Are the court constrained by remedy/relief sought in CF?
No - court may grant any remedy C is entitled to
Statement of value - thresholds
- not more than £10,000
- more than £10,000 but not more than £25,000
- more than £25,000
OR
C cannot say how much
Statement of value - Personal Injury thresholds for PSLA
UNLESS RTA claim
- not more than £1,500
- more than £1,500
where RTA claim post 2021
£5,000
Where RTA claim pre 2021
r.26.6A, and £1000
Claim by T against LL - where T seeking LL to carry out repairs must state;
- cost of repairs -/+ £1000
- value of claim -/+ £1000
If being issued in HC - must include statement that claim meets required threshold overall
£50,000 PI
£100,000 non-PI
not inc costs
Particulars of Claim must contain:
- concise statement of facts on which C relies
- interest if sought - detail under contract/subject to Act, dates from + to, total amount and daily rate
- aggravated/exemplary damages if sought
- provisional damages if sought
Personal Injury PoC - extra detail
- Cs DOB
- brief details of Cs injuries
- medical report where relied upon
Where claim made for an injunction/declaration in respect to any land - PoC must
- state whether declaration relates to residential premises
- ID land (plan where necessary)
Claim to recover possession - PoC must
- contain statement showing value of goods
Claim based upon written/oral/conduct agreement - PoC must
- include copy of contract/documents constituting the agreement
- contractual words(conduct) used, by whom, to whom, when and where spoken
