Statements Of Case Flashcards
What is a statement of case?
A document that is used to set out a party’s case in civil litigation
What are some examples of statements of case?
- claim form
- particulars of claim
- defence
- reply to defence
- part 20 claim
- defence to part 20 claim
What is a claim form?
One of the two primary documents that is used to commence a civil claim. Once the claim form is issued this commences the claim against the defendant
The claim form requires the claim value. What are the value brackets a claimant should use for an unspecified claim?
I expect to recover:
- not more than £10,000
- more than £10,000 but not more than £25,000
- more than £25,000
What are the particulars of claim?
A document setting out the case of the claimant and specifying the facts relied upon
What is the purpose of the claim form?
It should provide:
- a concise statement of the facts on which the claimant is relying
- details of any interest that the claimant is claiming
- a statement and accompanying grounds if the claimant is seeking either exemplary damages or aggravated damages
- any other matters requires for the type of claim
What are exemplary damages?
Also known as punitive damages - designed to punish the defendant for poor conduct if proven. The aim is to deter the defendant and others from behaving in the same way in the future
What are aggravated damages?
Additional damages claimed because the defendant’s behaviour has caused the claimant mental distress, injury to feelings or anguish
What is the structure and contents of a particulars of claim in contract?
- parties
- factual chronology
- the contract and terms
- how contract was breached
- consequences of the breach
- damages claimed
- interest claimed (not awarded if not claimed)
- statement of truth
What is the structure and contents of a particulars of claim in tort?
- parties
- factual chronology
- relevant duty of care and why owed
- how duty of care was breached
- causation
- damages claimed
- interest claimed (not awarded without)
- statement of truth
What is the purpose of the defence?
To allow the defendant to indicate to the court what their position is with the intention of narrowing the issues ensuring only matters actually in dispute are brought before the court
What are the ways the defendant can respond to each allegation?
- they admit the allegation
- they do not admit the allegation and require proof from the claimant as to its truth (non-admission)
- they deny the allegation (must explain why)
What is a non-admission?
Where the defendant neither admits nor denies an allegation. A defendant will make an non-admission where they have no knowledge about the facts or allegations that have been made against them
If the defendant makes an non-admission or denial who does the burden of proof rest with and to what standard?
It rests with the claimant to prove the allegation on the balance of probabilities
Is the claimant required to reply to the defence?
No, it is entirely optional but they can do especially if the defence raises issues that have not been covered in the particulars of claim
What is a part 20 claim?
An additional claim brought by the defendant to an action after they have been served the claim form and particulars of claim. It is most commonly a counterclaim but can be other claims and the burden of proof is on the defendant as if it was a standalone claim
What must a counterclaim be?
- a claim in its own right, not just a denial of the claim
- based around the same set of facts OR entirely different
When can a defendant make a part 20 claim?
They do not need permission if made at the same time as the defence but if they wish to issue a counterclaim after the time period for filing a defence then they will require the permission of the court
What other claims can a part 20 be?
- where the claimant has issued proceedings against 2 defendants in a building dispute and the first defendant wishes to seek a contribution or indemnity from the second as they do not believe they were responsible for the loss
- where the defendant wishes to add a party who was not named in the original proceedings in a breach of contract claim, such as where the main builder wishes to add a subcontractor to proceedings as the act that led to the loss was committed by the subcontractor
Can the claimant file a defence to a counterclaim?
Yes, within 14 days of it being served on them. They can agree with the defence to an extension of up to 28 days to file the defence
What must a party do if they wish to request further information about a statement of case?
Either party can do so but they must:
- send a preliminary request in writing to the other party stating a reasonable date by which a response should be received
- if a response is received but is insufficient or the other party ignores the request, they party making the request can apply to the court for a Part 18 order requiring the other party to provide the information
Once a party has received a request for further information from either the opposition or the court what do they need to do?
They must:
- file their response
- serve it on the other parties
