Statements of Case

Question 1

In personal injury claims, what does the Particulars of Claim need to include?

Answer 1

1. Claimant’s date of birth
2. Brief details of their injuries
3. Attach a schedule of past and future losses.
4. Attach a medical report (if relied upon).

Question 2

If the claim is brought under the Fatal Accidents Act 1976, what must the Particulars of Claim include:

Answer 2

1. It must state the claim is brought under the fatal Accidents Act 1976.
2. It must identify the defendants on whose behalf the claim is made.
3. State the DOB for each defendant.
4. State the nature of the dependency e.g. child, spouse.

Question 3

What right arises under the Fatal Accidents Act 1976?

Answer 3

If death is caused by a wrongful act/negligence, then the right to a claim in damages survives for the benefit of the dependents.

Question 4

What is a claim for “bereavement” under the Fatal Accidents Act 1976?

Answer 4

Under section 1A(1) Fatal Accidents Act 1976, a claim under the act may include a claim for “bereavement”.

Question 5

How much can a spouse recover for “bereavement” under the fatal Accidents Act 1976?

Answer 5

Presently the sum of

£15,120

Question 6

What must be included in a claim for an Injunction?

Answer 6

A statement confirming whether the injunction relates to residential property.

Question 7

What must be included in a defence in a personal injury claim?

Answer 7

1. Confirmation as to whether the defendant agrees, denies or has no knowledge of matters in the medical report.
2. Where disputed, reasons for disputing the medical evidence.
3. If they have obtained their own medical report, the defendant must attach a copy.

Question 8

The statement of case must contain a statement of value in money claims stating:

Answer 8

that the claimant expects to recover –

1. not more than £10,000; or
2. more than £10,000 but not more than £25,000; or
3. more than £25,000; or

c. that the claimant cannot say how much is likely to be recovered.

Question 9

In personal Injury claims, what must the claim form include?

Answer 9

In a claim for personal injuries, the claimant must also state in the claim form whether the amount which they expect to recover as general damages for pain, suffering and loss of amenity is –

not more than £1,500; or

more than £1,500.

Question 10

Which Acts can you claim interest under?

Answer 10

s69 County Courts Act 1984

s35A Senior Courts Act 1981.