Statements Of Case

Question 1

What are statements of case

Answer 1

They are formal documents, which the parties set out their cases

They are central to litigation, to ensure each party knows their opponents caes at an early stage.

Question 2

What is included in a statement of caes?

Answer 2

The claim form and particulars of claim

If contested, a defence will be filed by the defendant

Potentially a counterclaim, or a response to request for further information

Question 3

What does Part 16 CPR set out?

Answer 3

Sets out the requirements and formalities of statements of case.

Question 4

What is a particulars of claim?

Answer 4

The contents and purose of the particulars of claim are:

A concise statement of the facts on which the claimant relies

If the claimant is seeking interest, a statement to that effect and the detail.

Question 5

Where the claimant alleges breach of contract, what should the particulars of claim deal with?

Answer 5

Status of the parties

Existence of contract

Terms

Breach alleged

Factual consequences

Damage and loss avenged

Interest

Summary of relief

Statement of truth

Question 6

How do you claim interest?

Answer 6

The contract itself may specify a rate of interest payable.

If there is no provision in the contract, interest may be claimed under the Late Payment of Commercial Debt (Interets) Act, whcih gives statutory right to interest on commercial debts that are paid LATE.

8% currently

In all other cases : s 35 A of Senior Corts Act 1981, if not commercial.

Question 7

In a claim based on negligence, what must be included in the statement of case?

Answer 7

Same as contract, but reflecting elgal elements of duty f care, breach of duty, causation ad loss.

Question 8

What is the purpose of a defence?

Answer 8

It sets out the defendants ANSWER to the claim, with the aim being to highlight what issues are in DISPUTE.

Question 9

What must the defence state for EACH ALLEGATION?

Answer 9

Denied
Not admitted
Or admitted

Question 10

What must the defendant state when making a defence?

Answer 10

Ther reasons for doing so

Their own version of events, if different form that of claimant.

Question 11

What is a non-admission?

Answer 11

Made where the defendant has no knowledge of the particular matter alleged.

Question 12

What are the contents of a defence, required by the CPR?

Answer 12

Name of court
Claim number
Parties
The title (DEFENCE)
Date and signature of solicitors in name of firm
Statement of truth
Details of who is to be served and where

Question 13

When does the burden of proof fall upon a defendant?

Answer 13

Contributory negligence
Failure by claimant to mitigate its loss

Question 14

What is a counterclaim?

Answer 14

Arises where the defendant is alleging they have their own cause of action against the claimant.

They could take action against claimant and issue proceedings. IF defendant has actually suffered loss, can this be allowed.

Question 15

What is the structure of a defence and counterclaim? ?

Answer 15

Defence and a NEW CLAIM, set out in a single document.

DEFENCE AND COUNTERCLAIM

Then sub-divided into 2 sections, outlining both.

Question 16

What are some additional claims in Part 20?

Answer 16

Indemnity
Contribution
Other additional claims

Question 17

What is a claim for indemnity?

Answer 17

Arise where there is a contractual relationship between the defendant and the third party, in which the latter is obliged by the terms f a contract to indemnify the defendnat if they are found liable for the claim.

Question 18

What is a claim for contribution?

Answer 18

Made where there are JOINT WRONG-DOERS and the D argues taht the third party is responsible for the harm the claimant suffered.

Question 19

Must the claimant reply to the defence?

Answer 19

No, they dont have to.

Replies tend to be used if the claimant wants to respond to matters that have been raised in the defence, but are NOT covered in the particulars of claim

Question 20

Can the claimant dispute the counterclaim?

Answer 20

Yes, if the claimant decides to dispute, they must file a defence to the counter claim within 14 DAYS (unless 28 days for acknowledgment agreed with D).

If they fail to do so, D may enter judgement in default on counterclaim

Question 21

What happens if you need to amend the statements of case AFTER filing, but BEFORE service?

Answer 21

Can be amended at any time

Question 22

What happens if you need to amend the statements of case AFTER filing, and AFTER service, but WITHIN the limitation time?

Answer 22

Can amend, but ONLY with:

Written consent of all the parties
The permission of the court

Question 23

What happens if you need to amend the statements of case AFTER EXPIRY of the limitation period?

Answer 23

The court MAY allow an amendment, ONLY in 3 circumstnaces:

1. To add or substitute a new claim
2. To correct a GENUINE mistake as to the name of a party
3. To alter the capacity in which a party claims

Question 24

Can you request for further information?

Answer 24

Yes, either the court or the parties may request further information and if successful, a party will be ordered to:

Clarify any mater that is in dispute
Or give additional information in relation to such matter

Question 25

What is part 18 CPR

Answer 25

Requests for further information

Question 26

What is the procedure in Part 18, for requesting for further information?

Answer 26

Must serve a written request on the other party, allowing reasonable time
Should be concise ad strictly confirmed t matters
Must be headed with name of court, title, number of claim and Part 18 request

Response must be in writing, dated, and signed.
Must be served on all aprties, filed with court, with statement of truth.

If NOT responded to, application can be made to COURT, if satisfied that the request is confined to matters.