Statements Of Case Flashcards
When should interest be claimed?
In the claim form otherwise the court will not award.
How is the rate of interest for a breach of contract claim calculated?
If a rate is specified in the contract the court will apply this. If not, an annual statutory rate of 8% will be applied.
Who can sign a statement of truth on a claim form?
The C, legal representative or litigation friend (where applicable).
How is interest calculated in a claim in tort?
Rate is decided by court using their discretion.
What happens if the D makes a non-admission?
Burden of proof rests with C to prove allegation on the balance of probabilities.
Can a C file a reply to the defence?
Yes although they are not required to.
What is a part 20 claim?
An additional claim that is brought by D after they have been served with claim form and particulars - most commonly a counterclaim. Essentially a new cause of action and burden or proof for the counterclaim claim is on D
Does a counterclaim require permission from the court?
No, not if filed at the same time as defence but if time for submitting defence has elapsed, permission will be required.
How long does a C have to file a defence to a Part 20 claim
14 days of it being served on them, unless an extension is agreed between the parties (max extension of 28 days).
How does a party request further information about a statement of case?
They make a part 18 request in writing to the other party stating a reasonable date by which a response should be received.
If a respond is received but is insufficient or no response is received at all, they can apply to the court for a part 18 order requiring the party to provide the information
Are there any limitations to a part 18 request
They must be proportionate to proceedings and not relate to an irrelevant matter.
