Statements of Case Flashcards
CPR 16.1?
Part 16 (Statements of Case) does NOT apply to Part 8 claims.
CPR 16.2?
Contents of a Part 7 Claim Form
CPR 16.3?
Including Statement of Value in a claim form.
How many things must be included in a Claim Form?
5 things
CPR 16.4?
What should be included in a Particulars of Claim?
What is the 2nd thing that must be in a claim form?
Specification of the remedy which the claimant is seeking
What is the 1st thing that must be in a claim form?
A concise statement of the nature of the claim
What is the 3rd thing that must be in a claim form?
If C is claiming for money, a statement of value.
What is the 4th thing that must be in a claim form?
If C is claiming specified amount of money, a statement of the interest accrued on that sum.
What is the 5th thing that must be in a claim form?
Any other matter that must be included according to the relevant practice direction.
Is the court restricted to remedies requested in the claim form?
No - courts may grant any remedy C is entitled to, even if not specified in their claim.
What must be included in a statement of value within a claim form?
A statement of value where C is claiming money should state the amount of money claimed and expected to recover: whether that be (1) under £10k; (2) between £10-25k; (3) over £25k; or whether they don’t know.
What must be included in a statement of value for personal injury claims?
In PI claims, C must also state the amount that they expect to recover as general damages for pain, suffering and loss of amenity and whether this is up to or over £1.5k
What must be included in a claim form when it is issued to a high court?
Either expected recovery of over £100k or over £50k in PI claims OR proof that the claim is required to be heard in High Court (law or practice).
What must C ignore when calculating the value of what they expect to recover?
C must ignore costs; interest; contributory negligence; potential counterclaims or set offs.
What 2 pieces of evidence must be included in the particulars of claim with date + location data where C seeks to rely on them?
Any evidence of conviction of an offence or a finding of adultery or paternity matters, along with issuing court and explanation of what claim it relates to.
CPR PD 16.8.2?
Details matters which should be specifically set out in particulars of claim if C wishes to rely upon them.
What matters, if applicable, must be specifically set out in particulars of claim in order for C to rely upon them?
allegations of fraud; misrep; breach of trust; undue influence; unsound mind; wilful default; notice of fact or illegality; facts relating to mitigating expenditure.
What should be done where a claim is for an amount in foreign currency?
This must be stated in the claim, along with why this currency, £ equivalent at date of claim AND source of exchange rate. (PD 16.9)
What should be done in claims of clinical negligence?
The claim should have “clinical negligence” title at the top of every statement of case.
Can subsequent statements of case contradict each other?
No - instead, parties must seek court permission to amend their statements of case e.g. where new evidence comes to light.
