Statements of Case Flashcards
What are statements of case, and why are they important in litigation?
Statements of case are formal documents in which the parties concisely set out their respective cases. They are important because they ensure that each party knows their opponent’s case early, allowing them to assess its strength, determine necessary evidence, consider settlement offers, and guide the issues the court will decide at trial.
They are served between the parties and filed at court.
What are the typical first documents served in civil proceedings?
The typical first documents served in civil proceedings are the claim form and the particulars of claim. If the case is contested, the defendant will file a defence. Additional documents like a reply or counterclaim may follow if necessary.
What does Part 16 of the CPR cover, and what general points should be considered when drafting statements of case?
Part 16 of the CPR covers the formal requirements of statements of case. When drafting, the statements should use plain English where possible and be tailored to the specific litigation matter. If a solicitor prepares the statement, it must be signed in the firm’s name.
What ethical considerations must a solicitor bear in mind when drafting a statement of case?
A solicitor must not mislead the court. They should only include properly arguable assertions in the statements of case and avoid unsupported allegations, such as fraud, without an evidential basis. If a client’s statement contains a material error, the solicitor must advise amending it and cease acting if the client refuses.
What are the key elements that must be included in the particulars of claim for a breach of contract case under r 16.4(1) of the CPR?
The particulars of claim must include:
(a) A concise statement of facts relied on,
(b) If seeking interest, a statement to that effect with details.
The specifics depend on the cause of action, such as breach of contract or negligence.
In a breach of contract claim, what must be demonstrated to establish the existence of a contract, and what documentation is necessary?
To establish the existence of a contract in a breach of contract claim, the following must be demonstrated:
- Date of the contract: When the contract was formed.
- Type of contract: Whether the contract was oral or written.
- Parties involved: Who the contract was between, including any third parties relevant to the agreement.
- Subject matter: What the contract was about (goods, services, etc.).
- Consideration: What was exchanged between the parties (money, services, goods, etc.).
In addition to proving these elements, CPR Part 16.4(1) and PD 16 require specific documentation based on the type of contract:
- Written Contracts: By paragraph 7.3 of PD 16, a copy of the contract or relevant contractual documents must be attached to or served with the particulars of claim. This provides the defendant and the court with a clear understanding of the terms agreed upon in writing.
- Oral Contracts: If the contract was made orally, paragraph 7.4 of PD 16 requires that the contractual words used must be stated. This includes specifying:
- Who said what,
- To whom the statements were made,
- Where and when the conversation took place.
This ensures that even in the absence of written evidence, the court can assess the credibility of the oral agreement and the terms claimed.
Example:
* In an oral contract case where a business agreed verbally to provide marketing services, the claimant would need to specify the exact terms agreed upon (e.g., the services to be provided, the price, and any deadlines) and who made those statements (e.g., the CEO during a meeting on June 10th).
What must be included in the particulars of breach within the particulars of claim for a breach of contract case?
The particulars of breach in a breach of contract claim must detail specifically how the defendant breached the contract. The structure typically involves:
- Allegation of Breach: The breach is alleged in general terms, such as stating that the defendant failed to fulfill a key obligation under the contract. For example:
- The Defendant breached clause 5.1 of the Service Agreement.
- The Defendant failed to deliver goods on the agreed-upon date.
- Particulars of Breach: After the general breach allegation, specific details of the breach must be outlined to clarify exactly how the defendant failed to meet their contractual obligations. This can be simple or complex, depending on the situation:
Straightforward Breach Example:
- The Defendant breached the Service Agreement by failing to provide the contracted services on time, as required by clause 4.2.
Complex Breach Example:
- The Defendant did not meet the agreed service levels in clause 7.1 of the contract. Specifically:
- The Defendant used substandard materials in the production of goods, with only 45% of the agreed strength of adhesive used in the manufacturing process.
- The laminate covering on the finished products was poorly applied, causing it to wrinkle and detach from the cover in several places.*
This level of detail helps the court understand precisely how the contractual terms were breached.
- Implied Terms Breach: The breach of implied terms can also be claimed, for example, the defendant’s failure to use reasonable care and skill in providing a service (as implied by the Sale of Goods Act 1979 or the Supply of Goods and Services Act 1982).
- In breach of the implied terms, the Defendant did not carry out the printing services with reasonable care and skill, resulting in books of unsatisfactory quality.
- Categorizing the Breach: It’s also important to categorize the breach as either a breach of express terms (clearly stated in the contract) or implied terms (terms that the law implies into the contract, such as quality standards in the Sale of Goods Act). This ensures the court is clear on what specific legal obligations were violated.
- Factual consequences: this is a continuation of the chronological events where the
claimant explains what happened as a result of what the defendant did wrong (the
breach). It may be that the poor quality goods supplied to a retailer could not be sold on
to consumers or that repair work had to be carried out. - Damage and loss alleged and particularised: the loss must be alleged generally: The losses should then be itemised so it is clear to the defendant exactly what is being
claimed from them and how this is calculated. - Interest: where the remedy sought by the claimant is either damages or the repayment of a debt, the court may award interest on the sum outstanding, but only if claimed. In
breach of contract cases, there are three alternative ways of claiming interest as follows:
*The contract itself may specify a rate of interest payable on any outstanding sum.
*If there is no provision in the contract for interest, interest may be claimed under the Late Payment of Commercial Debts (Interest) Act 1998, which gives a statutory right to interest on commercial debts that are paid late.
As the Act is only concerned
with commercial debts, it does not apply to unspecified (damages) claims or to a specified amount (a debt) owed by a consumer. The relevant rate of interest is 8%
per annum above the Bank of England’s base rate on the date the debt became due
for payment.
For specified claims, the interest must be precisely calculated as a lump sum for the amount that has accrued from breach of contract up to the date of issue of the
proceedings, plus a daily rate so it is easy to provide an updated total. Set out below is a calculation of interest in a specified claim to illustrate this in practice.
Statement of truth: the claim form or particulars of claim must contain a signed statement
of truth that its contents are believed to be true (
How can interest be claimed in a breach of contract case, and what are the three methods for doing so?
Interest can be claimed in a breach of contract case through:
- A contractual provision specifying a rate of interest,
- The Late Payment of Commercial Debts (Interest) Act 1998 for commercial debts,
- Discretionary interest awarded by the court under s 35A SCA 1981 (High Court cases) or s 69 CCA 1984 (County Court cases). Interest must be calculated precisely in specified claims.
It is only when the claim is specified in nature that the claimant must precisely calculate both the amount of interest which has accrued and the daily rate of interest that will accure.
If the claim for damages is unspecified, all the claimant is required to do is to set out the basis of its entitlement to interest.
What is the purpose of a defence in civil litigation, and how does it help in court proceedings?
T he purpose of a defence is to formally set out the defendant’s response to the allegations made by the claimant. It aims to:
- Highlight what issues are in dispute, thereby narrowing down the matters that need to be resolved at trial.
-Prevent unnecessary court time by clarifying which allegations the defendant accepts and which they contest.
According to Rule 16.5 of the CPR, the defence must address each allegation in the particulars of claim by either:
- Denying the allegation and providing reasons.
- Not admitting the allegation if they do not have sufficient knowledge.
- Admitting the allegation if they agree with the claimant’s version of events.
The defence helps the court focus on disputed issues, saving time and resources during trial by removing any unnecessary discussion of admitted facts.
What steps must a defendant follow when denying an allegation in a defence, and how should these be expressed in the document?
When a defendant denies an allegation in the particulars of claim, they must:
- Provide reasons for denying the allegation, explaining why the claimant’s statement is incorrect or inaccurate.
- Present their own version of events if their understanding of the facts differs from that of the claimant.
This is essential because a simple denial without explanation may be insufficient under Rule 16.5 of the CPR. The defence must be sufficiently detailed to explain the defendant’s position, ensuring the court and the claimant understand the basis of the denial.
What is a non-admission in a defence, when might it be used, and what is its effect on the claimant?
A non-admission occurs when the defendant lacks sufficient knowledge to either admit or deny an allegation. This response forces the claimant to provide evidence to prove the allegation. It is commonly used when the defendant cannot verify the accuracy of certain claims or does not have access to the necessary information.
In a road traffic accident case, if the claimant alleges that their car repair cost £5,000, but the defendant does not know the exact cost, the defendant might respond with a non-admission:
By making a non-admission, the defendant shifts the burden onto the claimant, who must provide evidence (e.g., repair bills) to prove the cost of the alleged damage.
Why is it critical for the defendant to systematically address every allegation in the particulars of claim, and what happens if an allegation is missed?
It is critical for the defendant to systematically address each allegation in the particulars of claim because any allegation that is not expressly denied or responded to is deemed to be admitted. This means the court will consider the unaddressed allegation as true, even if the defendant disagrees with it.
To avoid this, the defendant should:
- Follow a methodical approach, responding to each paragraph of the particulars of claim in sequence.
- If a paragraph contains multiple allegations, deal with each one individually to ensure nothing is missed.
This approach helps prevent unintentional admissions and ensures that all disputed points are properly contested in court. For example, if the claimant alleges multiple failures under a contract, each failure must be addressed point by point.
What formalities must be observed when drafting a defence under the CPR, and why are these important?
When drafting a defence, the defendant must comply with the following formal requirements under the CPR to ensure the document is properly recognized by the court:
- Name of the court where the claim is being heard.
- Claim number, which is a unique reference assigned to the case by the court.
- Names of the parties involved in the case (claimant and defendant).
- Title “DEFENCE” to clearly indicate the document’s purpose.
- Date and solicitor’s signature, signed in the name of the firm, if applicable.
- Statement of truth, which confirms that the defendant or their solicitors believe the contents of the defence to be true.
- Details of service, specifying who the defence is being served on and their contact information.
These formalities are essential because failure to comply with them could result in the defence being rejected or deemed invalid, potentially harming the defendant’s case.
In what situations does the burden of proof shift to the defendant in a defence, and what must they demonstrate in such cases?
The burden of proof shifts to the defendant in specific situations, including:
- Contributory negligence: The defendant alleges that the claimant contributed to their own harm or loss, such as failing to follow safety procedures. The defendant must prove how the claimant’s actions contributed to the harm.
- Failure to mitigate loss: The defendant claims that the claimant did not take reasonable steps to reduce or avoid further losses. In this case, the defendant must provide evidence showing that the claimant could have mitigated the damage but failed to do so.
These allegations should be clearly set out in the defence, providing detailed reasoning and evidence where available. If successfully argued, these defenses can reduce or eliminate the liability of the defendant.
What is a counterclaim, and how is it structured within the defence?
A counterclaim arises when the defendant has their own cause of action against the claimant. It is a separate legal claim filed by the defendant in response to the claimant’s allegations. The counterclaim is filed alongside the defence, and both are contained in a single document, with the title updated to “Defence and Counterclaim.”
The document is structured as follows:
- Defence section: The first part of the document addresses the claimant’s allegations.
- Counterclaim section: The counterclaim follows immediately after the defence. In this section, the defendant outlines their allegations against the claimant, treating the counterclaim as a new claim, but without repeating details that have already been provided in the defence.
