Statements of Case Flashcards
C’s Particulars of Claim should provide enough information to identify the _____ and parties so that the judge may give directions to ensure the trial can proceed promptly, _____, and proportionally, in keeping with the __________ ________
issues, fairly, overriding objective
Particulars of claims - for contracts
Can you name any of the 6 features must they have?
- Parties
- Nature of agreement
- Terms that may have been breached
- Facts showing breach and losses
- Remedy sought
- Statement of truth
Particulars of claims - for Road accident and personal injury
Can you name any of the 7 features they must have?
- Description of incident
- Allegations of negligence
- Relevant convictions
- Injuries suffered
- Schedule of past and future losses
- Remedy sought
- Statement of truth
Particulars of claims - for employer liability tort claims
Can you name any of the 7 features they must they have?
- Establishment of employer-employee relationship
- Circumstances of injury
- Allegations of breach
- Injuries suffered
- Schedule of past and future losses
- Remedy sought
- Statement of truth
If C is claiming interest, what 4 items must they state on the particulars?
- Basis of the claim
- Percentage applicable
- Date the claim for interest ends
- Total amount claimed
What are 8 other specific details/facts that must be included in the particulars if they’re applicable?
(getting some of these right are fine!)
- Fraud
- Illegality
- Misrepresentation
- Breach of trust
- Knowledge of fact
- Unsoundness of mind or undue influence
- Wilful default
- D’s failure to mitigate loss/damage
What must a D who wishes to defend a claim prepare and serve on every other party?
A defence
What are the three ways in which D must respond to every paragraph of the Particulars?
- Admit the truth
- Deny the truth
- Non-admission (neither admit or deny)
What must D do if they deny the truth of a paragraph in particulars, and what must C do in response?
D must state reasons or set out an alternative version of events, C must prove their facts
Why would D make a non-admission of a paragraph in the particulars? What must C do in response?
Because the facts alleged are outside D’s knowledge. C must prove the facts
In a personal injury claim, the defence must state whether D agrees or does not dispute the ______ report served with the particulars
medical
What does it mean if D admits damages subject to liability?
D can admit the amount of damages but deny liability, in which case C will recover the agreed damages if they prove liability
What is the term given to a statement of case that a party may send in response to a defence?
A reply
Is a reply optional?
Yes - usually only prepared if something has been raised in the defence which requires a response
What type of claims are D’s claims against third parties who may be liable to the C or D, and counterclaims against C?
Part 20 Claims
What is a counterclaim?
D’s claim against C for losses arising from the same set of circumstances involved in C’s claim
What are three main features of a counterclaim?
- Must be brought within same set of proceedings
- Brought by an existing D against C
- A monetary claim in its own right
What is a third party claim?
D claims that a person who is not party to the action has caused C’s losses
What is the difference between an indemnity and a contribution where another party is liable and makes payments to D for C’s claim?
Indemnity is repayment for the whole amount
Contribution is repayment for some of the amount
When does D not need court permission to file a Part 20 claim?
If they file the Part 20 claim with their defence
Does D require court permission to make a Part 20 claim if it’s made during a time not in their defence?
Yes
If a court gives permission for a Part 20 claim, how many days within issue must the person serve it to the other party?
14 days
Within how many days of service of the Part 20 claim must defences to Part 20 claims be served?
14 days
What can a party request to the other party (or the court if the other party doesn’t respond in a reasonable timeframe) to clarify a matter in dispute or for additional information related to a matter?
Request for further information
Can you name one of the 5 grounds for objecting a request for further information?
- Unnecessary, irrelevant, or improper request
- Responding party is unable to provide information/clarification
- Requesting party gave insufficient time to reply
- Expense of complying is disproportionate to the claim/contrary to overriding objective
- Responding party is not to answer due to privilege
What are 2 ways a party amend a statement of case once it’s been served?
- Written consent of all other parties
- Permission of the court
A court can order a person to ______ to be a party if it is not _____ for them to be a party in the proceedings
cease, desirable
What are 2 situations in which a court may substitute a new party for an existing party?
- Existing party’s interest/liability has passed to new party
- Desirable to do so to resolve matters in dispute
How can a party add a new party to a claim after the limitation period has expired?
By applying to the court to disapply the limitation period
