Statements of Case Flashcards
What are statements of case?
The formal documents served by the parties on each other, which define the issues in dispute
Encompasses:
- Claim forms
- Particulars of claim
- Defences
- Counterclaims
- Replies
- Requests for further information
Which 6 types of documents are ‘statements of case’?
- Claim forms
- Particulars of claim
- Defences
- Counterclaims
- Replies
- Requests for further information
What kind of statement of facts should the particulars of claim include?
Concise statement of facts
(ie. must outline all the facts giving rise to the dispute, to demonstrate the required elements of the cause of action on which the claim is based)
Should also specify if the claimant is seeking interest
What are the 3 ways to claim interest in breach of contract cases?
- The contract itself may specify a rate payable on any outstanding sum
- If no provision in contract, may be claimed under Late Payment of Commercial Debts (Interest) Act 1998
- Does not apply to unspecified claims or to a specific amount owed by a consumer
- 8% pa above Bank of England base rate on date debt became due
- Claimant also entitled to small, fixed amount of statutory compensation for inconvenience of recovery - In all other cases, court has discretion to award either under:
- s35A Senior Courts Act (High Court)
- s69 County Courts Act (County Court)
When can a claimant claim interest in a breach of contract case under the Late Payment of Commercial Debts (Interest) Act 1998?
Where:
- No provision in the contract itself
- Claim is not unspecified
- Debtor is not a consumer
If entitled, interest rate is 8% pa above Bank of England base rate on date debt became due for payment
+
Claimant entitled to small, fixed amount of statutory compensation for inconvenience of recovery
What are the two statutes which give the court general discretion to award interest?
s35A Senior Courts Act for High Court cases
s69 County Courts Act for County Court cases
What is the purpose of the Defence?
To set out the defendant’s answer to the claim, demonstrating which issues are in dispute
What must the defence state for each allegation?
Whether it is:
Denied
- Must include: reasons for denying and own version of events if different from that given by claimant
- Claimant now needs to prove allegation
Not admitted
(Where D has no knowledge of particular matter alleged
- Claimant now needs to prove allegation
Admitted
* Claimant obviously does not needs to prove allegation
Which allegations addressed in the defence does the claimant have the burden to prove?
Those denied or not admitted
What must be included in the defence?
- Name of court
- Claim number
- Parties
- Date & signature of solicitors in name of firm
- Statement of truth
- Details of who is to be served & where
If the defendant alleges that the limitation period has expired, where should they do so?
Must give details in the defence
Burden of proof then transferred to claimant to show claim is not time-barred
If defendant alleges contributory negligence & failure by claimant to mitigate, where should they do so?
Must give details in the defence
(Burden of proof for contributory negligence & failure to mitigate is on the defendant)
When will a claimant issue a reply to the defence?
Where the claimant wishes to respond to matters raised in defence which were not covered by the particulars of claim
Which claims are governed by CPR Part 20?
Additional claims issued by defendant (counterclaim, claim by defendant against third party etc)
When will a defendant issue a counterclaim & how?
Where defendant alleges they have their own course of action against the claimant
Should be filed with the defence as one document (DEFENCE AND COUNTERCLAIM)
