Statements of case Flashcards
Claiming interest in a specified claim
Provide a lump sum of interest accrued from the date of breach to date of issue of proceedings + daily rate
Claiming interest on unspecified claim
Only set out that interest is being claimed- do NOT specify the amount!
Statutory right to interest on commercial debts
Rate: 8% above BoE’s base rate on date that debt became due per annum
Claimant also gets small, prescribed statutory compensation
How is interest in negligence claims awarded?
It’s discretionary (usually granted)
3 options for responding to allegations in a defence
- denial
- not admitted
- admitted
When must C prove the allegation?
If D did not admit it, or denied it (NOT if admitted it!)
Who has burden of proof regarding expiry of limitation period?
If D claims it’s expired, burden is on C to show it didn’t
D has burden of proof to show…
- contributory negligence,
- C’s failure to mitigate loss
How to make a counterclaim?
In 1 document, with the defence
When should D make a counterclaim?
If D suffered a loss attributable to C (if no loss, then only file a defence!)
Is the court’s permission needed to make an additional claim?
No, as long as the claim is brought and notice of it served at the same time as the defence
What is an additional claim?
It is made by D against a person, whether already a party or not, for an indemnity or contribution
To bring an additional claim against a non-party, must serve on the non-party:
- Part 20 Claim form,
- particulars of the additional claim,
- statement of case served in the main claim
Does C have to reply to a defence?
No
Deadline for C disputing a counterclaim
Must file a defence within 14 days , unless extension to 28 days agreed with D
Requirements for amending the statement of case BEFORE the limitation period expires
If already filed and served, written consent of all parties OR court required
Requirements for amending the statement of case AFTER the limitation period expires
Court only allows amendments in 3 cases:
1. to add/substitute a new claim arising from substantially the same facts,
2. to correct a genuine mistake as to the name of a party
3. to alter capacity in which C claims
What must a request for further information be?
Concise, and confined to the matters reasonable necessary and proportionate for the party to make its own case
What can the applicant do if the other party does nor reply to a request for further information?
Apply for a court order (will be granted if the request is reasonably needed and proportionate for the applicant to make its own case)
When bringing an additional claim against a non-party, which Claim form is used?
Part 20 claim form
When requesting further information, which request is used?
Part 18 request
