Statements of Case Flashcards
When is a claim commenced?
Once a claim form has been issued
What content is required on a claim a claim form?
- 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
What claim value should the claimant put on the claim form if the claim is unspecified?
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’
What is the purpose of the particulars of claim?
- 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
What are exemplary damages?
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
What are aggravated damages?
Additional damages claimed because the defendant’s behaviour has caused the claimant mental distress, injury to feelings or anguish
What content is required in a particulars of claim for a contract claim?
- 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
How should the proof of the contract be demonstrated in the particulars of claim?
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
Why is important for the particulars of claim to detail interest claimed?
As the court will not specifically award interest unless it is claimed
How is the rate of interest claimed to be determined?
- 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
What structure and content is required for a particulars of claim in tort?
- 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
What is the purpose of the defence?
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.
What are the three ways the defendant can respond to allegations against them?
- admit the allegation
- not admit the allegation and require proof from claimant as to its truth
- deny the allegation
What should a defendant do if they deny an allegation?
They must explain their reasons for the detail, set out own version of events and explain how that differs from that of the claimant
When should D make a non-admission?
When they have no knowledge of the facts or allegations that have been made against them in particular paragraph of the particulars of claim
What is the effect of D admitting a paragraph of the particulars of claim?
The court will consider that an agreed point
What is the effect of D making a non-admission or denial of a paragraph in the particulars of claim?
Then the burden of proof is with the claimant to prove the allegation on the balance of probabilities
What structure should the defence follow?
It should follow the structure of the particulars of claim, so it addresses each paragraph of the particulars in turn
What should the defence also include (aside from addressing the particulars)?
- 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
Can the claimant reply to the defence?
Yes - entirely optional though
Why might the claimant want to reply to the defence?
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
What is a part 20 claim?
It is an additional claim brought by the defendant to the action
When should a part 20 be served?
With the defence - following on from defence
What is a Part 20 counterclaim?
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
