Statements of Case

Question 1

true or false:
part 16 doesn’t apply when C uses the procedure set out in part 8?

Answer 1

true

Question 2

what must a claim form contain?

Answer 2

a concise statement of the nature of the claim
specify the remedy which C seeks
contain a statement of value in accordance with rule 16.3 where C is making a claim for money
contain a statement of the interest accrued on that sum where the only claim is for a specified sum; and
contain such other matters as may be set out in a PD.

Question 3

true or false:
in a claim which part 45 doesn’t apply, no amount shall be entered on the claim form for the charges of C’s legal rep but the words ‘to be assessed’ shall be inserted

Answer 3

true

Question 4

in civil proceedings against the crown, what must the claim form must also contain?

Answer 4

the names of the government departments and officers of the crown concerned; and
brief details of the circumstances in which it’s alleged that the liability of the Crown arose.

Question 5

true or false:
f the particulars of claim specified in rule 16.4 are not contained in, or are not served with the claim form, the claimant must state on the claim form that the particulars of claim will follow.

Answer 5

true

Question 6

true or false:
If the claimant is claiming in a representative capacity, the claim form must state what that capacity is.

Answer 6

true

Question 7

true or false:
If the defendant is sued in a representative capacity, the claim form must state what that capacity is.

Answer 7

true

Question 8

true or false:
The court may grant any remedy to which the claimant is entitled, even if that remedy is not specified in the claim form.

Answer 8

true

Question 9

What must C state in the claim form?

Answer 9

the amount of money claimed
what they expect to recover (ie: not more than £10,000 or more than £10,000 but not more than £25,000, more than £25,000 but not more than £100,000 or more than £100,000)
that C can’t say how much is likely to be recovered.

Question 10

true or false:
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—
(a) not more than £1,500; or
(b) more than £1,500.

Answer 10

true

Question 11

what must the claim form state if it is to be issued in the High Court?

Answer 11

(a) state that the claimant expects to recover more than £100,000;
(b) state that some other enactment permits or requires the claim to be brought in the High Court and specify that enactment;
(c) if the claim is for personal injuries, state that the claimant expects to recover £50,000 or more; or
(d) state that the claim is to proceed in one of the specialist High Court lists and state which list.

Question 12

when calculating how much C expects to recover, C must disregard ant possibility of what?

Answer 12

(a) that the court may make an award of—
(i) interest;
(ii) costs;
(b) that the court may make a finding of contributory negligence;
(c) that the defendant may make a counterclaim or that the defence may include a set-off; or
(d) that the defendant may (under section 6 of the Social Security (Recovery of Benefits Act 1997) be liable to pay direct to the Secretary of State part of any award of money made by the court to the claimant against the defendant

Question 13

true or false:
The statement of value in the claim form does not limit the power of the court to give judgment for an amount which it finds the claimant is entitled to.

Answer 13

true.

Question 14

what must a particulars of claim include?

Answer 14

(a) a concise statement of the facts on which the claimant relies;
(b) if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);
(c) if the claimant is seeking aggravated damages(GL) or exemplary damages(GL), a statement to that effect and the grounds for claiming them;
(d) if the claimant is seeking provisional damages, a statement to that effect and the grounds for claiming them; and
(e) such other matters as may be set out in a practice direction.

Question 15

if C is seeking interest under 16.4(2), what must they state?

Answer 15

(a) state whether they are doing so—
(i) under the terms of a contract;
(ii) under an enactment and, if so, which; or
(iii) on some other basis and, if so, what that basis is; and
(b) if the claim is for a specified amount of money, state—
(i) the percentage rate at which interest is claimed;
(ii) the date from which it is claimed;
(iii) the date to which it is calculated, which must not be later than the date on which the claim form is issued;
(iv) the total amount of interest claimed to the date of calculation; and
(v) the daily rate at which interest accrues after that date.

Question 16

name 3 examples of proceedings with special provisions about statement of case which can be included?

Answer 16

media and communication claims under part 53
claims for possession under part 55
probate claims under part 57

Question 17

true or false:
If a statement of case exceptionally exceeds 25 pages (excluding schedules) it must include an appropriate short summary at the start.

Answer 17

true

Question 18

what must the claim form include?

Answer 18

an address at which C lives or carries on business even if C’s address for service is the business address of their solicitor

Question 19

where D is an individual, what should C include in the claim form?

Answer 19

an address at which D lives or carries on business even if D’s solicitors have agreed to accept service on D’s behalf.

Question 20

true or false:
If the claim form does not include a full address, including postcode, for all parties the claim form will be issued but retained by the court and not served until the claimant has supplied a full address, including postcode, or the court has dispensed with the requirement to do so. The court will notify the claimant.

Answer 20

true

Question 21

a claim form must be headed with the title of proceedings but where it is known what?

Answer 21

(1)for an individual, the full name and title by which the person is known;
(2)for an individual carrying on business other than in their own name, the full name of the individual, the title by which they are known, and the full trading name (for example, Jane Smith “trading as” or “T/as” “JS Autos”);
(3)for a partnership (other than a limited liability partnership (LLP))—
(a)where partners are sued in the name of the partnership, the full name by which the partnership is known, together with the words “(a Firm)”; or
(b)where partners are sued as individuals, the full name of each partner and the title by which each is known;
(4)for a company or limited liability partnership registered in England and Wales, the full registered name, including suffix (plc, Limited, LLP, etc), if any;
(5)for any other company or corporation, the full name by which it is known, including suffix where appropriate.

Question 22

true or false:
If practicable, the particulars of claim should be set out in the claim form. If not, they may be served with the claim form or later, within the periods specified in rule 7.4 and 7.5.

Answer 22

true

Question 23

true or false:
Particulars of claim which are not included in the claim form must be verified by a statement of truth, in the form specified in paragraph 2.1 of Practice Direction 22.

Answer 23

true.

Question 24

what must the particulars of claim must contain?

Answer 24

C’s date of birth and brief details of C’s personal injuries

Question 25

in a PI claim, what must C attach to his particulars of claim?

Answer 25

a schedule of details of any past and future expenses and losses which he claims

Question 26

true or false:
Where the claimant is relying on evidence from a medical practitioner, the claimant must attach a report from the medical practitioner about the claimant’s personal injuries.

Answer 26

true