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
C must specify if claim relies upon any of the following …
- fraud
- illegality
- misrep
- breach of trust
- notice of knowledge/fact
- unsoundness of mind
- willful default
- mitigation expenditure factors
Claims in foreign currency - must state
- what currency, why
- pound sterling equivalent and source of exchange rate
What section of SCA/CCA gives them power to award interest
s35A Senior Courts Act
s69 County Courts Act
- ‘may be included in non-PI claims’ ‘shall be awarded in PI claims’
What is the consequence of failing to file acknowledgment of service/defence within time?
C may obtain default judgment (part 12)
What is the period for filing an acknowledgement/defence
w/in 14 days of receipt of PoC (whether following CF or with CF)
Responding to allegations:
- Admit / PI agree
- Deny - with reasons/alt facts / PI dispute
- unable to admit/deny, require C to prove / PI neither a/d, no knowledge of
- failure to respond = taken to have admitted (unless money claim)
C’s response to a D (non-compulsory) - if C responds, and fails to deal with an allegation in a defence …
taken to require that matter to be proved
court has power to dispense with SoCs if
claim form issued in accordance with r7.2 and 7.5 (issued and served correctly)
Period for filing a defence
- 14 days from PoC
- 28 days from PoC if acknowledged service
- parties can agree to an extension of up to 28 days (notify court in writing)
who must a copy of defence be served upon?
every other party
what part applies to D’s making a counterclaim?
part 20
If C files a reply to the defence - what must they serve it with and on whom?
DQ and every other party
is it possible for any more SoCs to be filed after reply?
not without court permission
Where claim is purely for outstanding amount, and Ds defence is that they have paid what will court do?
send notice to C asking if they wish to continue (C to state in writing) = failure to respond within 28 days will stay the claim - any party may lift
after what period of inaction will stay be applied?
6mths
