Statements Of Case

Question 1

Statement of truth

Answer 1

Statement can only be used as evidence if verified with statement of truth

Question 2

If statement of case is false and is verified with statement of truth?

Answer 2

If person signing does not have honest belief statement was true:
- contempt of court - fine or imprisonment
- sanctions in proceedings

Question 3

What is the claim form

Answer 3

Used to commence proceedings

Stops limitation period running

Question 4

Contents of claim form

Answer 4

Concise statement of nature of claim
Remedy sought

Question 5

Value of claim in claim form can be…

Answer 5

Specified or unspecified

Question 6

When valuing value of claim in claim form, disregard….

Answer 6

Interest
Costs
Counterclaims
Set off
Contributory negligence
Deduction of benefits

Question 7

What is jurisdictional endorsement

Answer 7

If money claim is issued in high court, must include statement that claimant expects to recover more than £100k (£50k or more for PI)

State if claim will be in specialist list in HC and if so which list

Question 8

When must claim form be served

Answer 8

Before midnight on calendar day 4 months after date of issue by the court

Question 9

Methods of service

Answer 9

Personal service - leaving claim form with defendant

Leaving claim form at permitted address

First class post - must be FIRST CLASS

Fax - only used where D states they will accept fax

Other electronic method eg email - only where D states will accept

Question 10

Place of service

Answer 10

If D provides address of solicitor - must be there

Individual - residential address

Company/partnership - registered address

Question 11

Deemed date of service of claim form

Answer 11

Second business day after completion of relevant step

Question 12

What is certificate of service

Answer 12

Claimant’s solicitor must file claim form at court within 21 days of service

Question 13

What is particulars of claim

Answer 13

Must set out duty, breach, causation and loss

Question 14

When must particulars of claim be served

Answer 14

Within 14 days of deemed date of service of claim form

Must be within 4 months of issue of claim form

Question 15

What must be included with particulars of claim

Answer 15

Response pack for defendant

Question 16

Method of service of particulars of claim

Answer 16

Instant method
- personal service
- leaving at permitted address
- fax/ email (if permitted)

Non-instance
- first class post / DX

Question 17

Deemed date of service of particulars of claim

Answer 17

Instant method
- if before 4.30pm on business day then same day
- if after 4.30pm then next business day

Non instance method
- second business day after posting (if posted on business day)
- otherwise deemed served next business day

Eg. If second day falls on a sunday, then will be deemed served on monday

Question 18

After service of particulars of claim

Answer 18

Claimant must file copy at court within 7 days of service

Question 19

D’s options for responding to proceedings

Answer 19

File defence
File admission
File acknowledgement

Question 20

Deadlines for D responding to particulars of claim

Answer 20

Defence - 14 days of deemed date of service of particulars of claim

Admission - 14 days of deemed date of service of particulars of claim

Acknowledgement - 14 days of deemed date of service of particulars of claim
- gives D further 14 days to file defence
- defence must be served within 28 days of deemed date of service of particulars of claim

Question 21

Extension of time to defend a claim?

Answer 21

Parties can agree extension up to 28 days to prepare defence

If cannot agree, D can apply to court
- court will consider overriding objective

Possible to have 56 days to prepare defence

Question 22

Max time limit for D to send defence

Answer 22

56 days

14 days - acknowledge service
Further 14 days to file defence
Further 28 days if parties/court agrees to extension

Question 23

How to defend a claim

Answer 23

Defendant responds to every allegation in particulars of claim
- admit
- deny
- request further information or require proof

If D does not respond to allegation, deemed to admit it

Question 24

Effect of admitting a claim

Answer 24

Specified claim - judgment will comprise of claim amount, interest, court fees and fixed costs

Unspecified claim - judgment on liability only. If parties cannot agree damages, case will be listed for hearing

Question 25

Entering judgment after D admits claim

Answer 25

C can enter judgment which is final order which disposes of a claim

Judgment allows enforcement proceedings after 14 days

Question 26

It claim form/particulars of claim is followed by application for summary judgment

Answer 26

D need not file a defence before the summary judgment hearing

Question 27

What is a reply

Answer 27

Option statement of case from the claimant in response to defendant’s defence

Question 28

Purpose of reply

Answer 28

To allege facts in answer to defence which were not included in claim