Statements of case

Question 1

Claiming interest in a specified claim

Answer 1

Provide a lump sum of interest accrued from the date of breach to date of issue of proceedings + daily rate

Question 2

Claiming interest on unspecified claim

Answer 2

Only set out that interest is being claimed- do NOT specify the amount!

Question 3

Statutory right to interest on commercial debts

Answer 3

Rate: 8% above BoE’s base rate on date that debt became due per annum
Claimant also gets small, prescribed statutory compensation

Question 4

How is interest in negligence claims awarded?

Answer 4

It’s discretionary (usually granted)

Question 5

3 options for responding to allegations in a defence

Answer 5

1. denial
2. not admitted
3. admitted

Question 6

When must C prove the allegation?

Answer 6

If D did not admit it, or denied it (NOT if admitted it!)

Question 7

Who has burden of proof regarding expiry of limitation period?

Answer 7

If D claims it’s expired, burden is on C to show it didn’t

Question 8

D has burden of proof to show…

Answer 8

• contributory negligence,
• C’s failure to mitigate loss

Question 9

How to make a counterclaim?

Answer 9

In 1 document, with the defence

Question 10

When should D make a counterclaim?

Answer 10

If D suffered a loss attributable to C (if no loss, then only file a defence!)

Question 11

Is the court’s permission needed to make an additional claim?

Answer 11

No, as long as the claim is brought and notice of it served at the same time as the defence

Question 12

What is an additional claim?

Answer 12

It is made by D against a person, whether already a party or not, for an indemnity or contribution

Question 13

To bring an additional claim against a non-party, must serve on the non-party:

Answer 13

• Part 20 Claim form,
• particulars of the additional claim,
• statement of case served in the main claim

Question 14

Does C have to reply to a defence?

Answer 14

No

Question 15

Deadline for C disputing a counterclaim

Answer 15

Must file a defence within 14 days , unless extension to 28 days agreed with D

Question 16

Requirements for amending the statement of case BEFORE the limitation period expires

Answer 16

If already filed and served, written consent of all parties OR court required

Question 17

Requirements for amending the statement of case AFTER the limitation period expires

Answer 17

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

Question 18

What must a request for further information be?

Answer 18

Concise, and confined to the matters reasonable necessary and proportionate for the party to make its own case

Question 19

What can the applicant do if the other party does nor reply to a request for further information?

Answer 19

Apply for a court order (will be granted if the request is reasonably needed and proportionate for the applicant to make its own case)