Statements of Case

Question 1

When is a claim commenced?

Answer 1

Once a claim form has been issued

Question 2

What content is required on a claim a claim form?

Answer 2

• claimant name and address
• defendant name and address
• brief details of claim
• claim value
• preferred country court hearing centre
• defendant’s address for service
• particulars of claim
• statement of truth
• claimant or their legal representatives address for correspondence

Question 3

What claim value should the claimant put on the claim form if the claim is unspecified?

Answer 3

Claimant must enter one of the following - I expect to recover:

• not more than £10,000;
• more than £10,000 but not more than £25,000
• more than £25,000

Or

‘I cannot say how much I expect to recover’

Question 4

What is the purpose of the particulars of claim?

Answer 4

• 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 matter required for the type of claim as set out in the relevant Practice Direction

Question 5

What are exemplary damages?

Answer 5

Designed to punish the defendant if the allegations regarding their poor conduct contained in the particulars of claim are proven.

The aim of exemplary damages being awarded is to deter the defendant and others from behaving in the same way

Question 6

What are aggravated damages?

Answer 6

Additional damages claimed because the defendant’s behaviour has caused the claimant mental distress, injury to feelings or anguish

Question 7

What content is required in a particulars of claim for a contract claim?

Answer 7

• parties to the claim and their status
• factual chronology
• the contract and its terms
• how the contract was allegedly breached
• consequences of breach
• damages claimed
• interest claimed
• statement of truth

Question 8

How should the proof of the contract be demonstrated in the particulars of claim?

Answer 8

If a written contract, the CPR requires a copy of the contract to be attached to the particulars of claim.

If an oral contract, the particulars should set out the contractual words used and state by whom, to whom, when and where they were spoken

Question 9

Why is important for the particulars of claim to detail interest claimed?

Answer 9

As the court will not specifically award interest unless it is claimed

Question 10

How is the rate of interest claimed to be determined?

Answer 10

• rate specified in contract
• annual statutory rate of 8% if rate is not specified in contract
• rate of interest decided by the court exercising its discretion

Question 11

What structure and content is required for a particulars of claim in tort?

Answer 11

• parties to the claim and their status
• factual chronology
• the relevant duty of care and why the defendant owed it to the claimant
• how the duty of care and why the defendant owed it to the claimant
• how the duty of care was allegedly breached
• causation
• damages claimed
• interest claimed
• statement of truth

Question 12

What is the purpose of the defence?

Answer 12

It allows the defendant to indicate to the court what their position is in relation to each of the allegations which have been made against them.

Should aim to narrow the issues in dispute.

Question 13

What are the three ways the defendant can respond to allegations against them?

Answer 13

• admit the allegation
• not admit the allegation and require proof from claimant as to its truth
• deny the allegation

Question 14

What should a defendant do if they deny an allegation?

Answer 14

They must explain their reasons for the detail, set out own version of events and explain how that differs from that of the claimant

Question 15

When should D make a non-admission?

Answer 15

When they have no knowledge of the facts or allegations that have been made against them in particular paragraph of the particulars of claim

Question 16

What is the effect of D admitting a paragraph of the particulars of claim?

Answer 16

The court will consider that an agreed point

Question 17

What is the effect of D making a non-admission or denial of a paragraph in the particulars of claim?

Answer 17

Then the burden of proof is with the claimant to prove the allegation on the balance of probabilities

Question 18

What structure should the defence follow?

Answer 18

It should follow the structure of the particulars of claim, so it addresses each paragraph of the particulars in turn

Question 19

What should the defence also include (aside from addressing the particulars)?

Answer 19

• the claim number (which was allocated to the claim when it was issued)
• the parties to the dispute
• the location of the court to which the claim has been allocated
• a statement of truth signed by the defendant, their legal advisor or where applicable their litigation friend

Question 20

Can the claimant reply to the defence?

Answer 20

Yes - entirely optional though

Question 21

Why might the defendant want to reply to the defence?

Answer 21

If it raises issues that have not been covered in the particulars of claim .

The claimant can they put to the court their version of events

Question 22

What is a part 20 claim?

Answer 22

It is an additional claim brought by the defendant to the action

Question 23

When should a part 20 be served?

Answer 23

With the defence - following on from defence

Question 24

What is a Part 20 counterclaim?

Answer 24

It is a new cause of action and the burden of proof for the counterclaim is on the defendant as it would be had they issued the counterclaim as a separate standalone claim

Question 25

What is the purpose of a counterclaim?

Answer 25

To allow the defendant to bring a cause of action against the claimant for losses that they have allegedly suffered

Question 26

Does the counterclaim have to be related to the underlying claim?

Answer 26

No - can be related but can also be an entirely different claim

Question 27

Why is it useful to serve a counterclaim?

Answer 27

Can reduce defendant’s potential liability if successful.

Saves cost, time and inconvenience of having to issue a separate claim.

Question 28

When is permission not required by the defendant to serve a counterclaim?

Answer 28

When it is submitted at the same time as the defence

Question 29

When is permission required to serve a counterclaim?

Answer 29

If the time for filing the defence has elapsed

Question 30

What other additional claims aside from a counterclaim may D wish to serve?

Answer 30

• claim seeking a contribution or indemnity from the second defendant as they do not believe they were responsible for the loss
• • claim seeking to add party to proceedings who D believes actually caused loss

Question 31

Is the claimant entitled to file a defence to any counterclaim?

Answer 31

Yes - they must file defence within 14 days of counterclaim being served on them

Can be extended by agreement to 28 days

Question 32

Who may make a request for more information about a statement of case?

Answer 32

The court or any party to proceedings

Question 33

What is the process for making a request for further information about a statement of case?

Answer 33

Party requesting the information 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, the party making the request can apply to the court for a Part 18 order requiring the other party to provide the information requested

Question 34

What should be done if a party receives a request for further information about a statement of case?

Answer 34

They are obliged to:

• clarify any matter that is in dispute in the proceedings
• give additional information in relation to any such matters
• file their response in court
• serve it on the other parties
• follow any time limits set by the court
• have an accompanying statement of truth

Question 35

When does a party not need to respond to a request for further information about a statement of case?

Answer 35

When the request is disproportionate to the proceedings or when the request is entirely irrelevant to proceedings