Statements Of Case Flashcards
Statement of truth
Statement can only be used as evidence if verified with statement of truth
If statement of case is false and is verified with statement of truth?
If person signing does not have honest belief statement was true:
- contempt of court - fine or imprisonment
- sanctions in proceedings
What is the claim form
Used to commence proceedings
Stops limitation period running
Contents of claim form
Concise statement of nature of claim
Remedy sought
Value of claim in claim form can be…
Specified or unspecified
When valuing value of claim in claim form, disregard….
Interest
Costs
Counterclaims
Set off
Contributory negligence
Deduction of benefits
What is jurisdictional endorsement
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
When must claim form be served
Before midnight on calendar day 4 months after date of issue by the court
Methods of service
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
Place of service
If D provides address of solicitor - must be there
Individual - residential address
Company/partnership - registered address
Deemed date of service of claim form
Second business day after completion of relevant step
What is certificate of service
Claimant’s solicitor must file claim form at court within 21 days of service
What is particulars of claim
Must set out duty, breach, causation and loss
When must particulars of claim be served
Within 14 days of deemed date of service of claim form
Must be within 4 months of issue of claim form
What must be included with particulars of claim
Response pack for defendant
Method of service of particulars of claim
Instant method
- personal service
- leaving at permitted address
- fax/ email (if permitted)
Non-instance
- first class post / DX
Deemed date of service of particulars of claim
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
After service of particulars of claim
Claimant must file copy at court within 7 days of service
D’s options for responding to proceedings
File defence
File admission
File acknowledgement
Deadlines for D responding to particulars of claim
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
Extension of time to defend a claim?
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
Max time limit for D to send defence
56 days
14 days - acknowledge service
Further 14 days to file defence
Further 28 days if parties/court agrees to extension
How to defend a claim
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
Effect of admitting a claim
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
Entering judgment after D admits claim
C can enter judgment which is final order which disposes of a claim
Judgment allows enforcement proceedings after 14 days
It claim form/particulars of claim is followed by application for summary judgment
D need not file a defence before the summary judgment hearing
What is a reply
Option statement of case from the claimant in response to defendant’s defence
Purpose of reply
To allege facts in answer to defence which were not included in claim
