Statements of Case Flashcards
A company is being sued by a client for breach of contract related to a failed project. The company believes that a subcontractor is responsible for the failure and should cover any damages awarded to the client. The subcontractor is not currently a party to the proceedings. The company wants to know the correct procedural step to seek a contribution or indemnity from the subcontractor.
What should the company do to bring the subcontractor into the proceedings to seek contribution or indemnity?
File an additional claim against the subcontractor seeking contribution or indemnity.
Under CPR 20.7, a party already involved in the proceedings can file an additional claim against a third party not currently involved. This additional claim seeks to establish that the third party (the subcontractor) should contribute to or indemnify for any damages awarded to the client.
A defendant is served with a claim form and particulars of claim. The defendant notices that the allegations differ from those set out within the letter of claim sent in accordance with the relevant pre-action protocol, and which the defendant has denied in his letter of response.
How should the defendant respond to the particulars of claim in his defence?
The defendant need only admit, deny or state which allegations are neither admitted nor denied in respect of the particulars of claim.
There is no obligation to respond at all to the allegations raised in the letter of claim. However (see CPR 16.5), in his defence the defendant must state which of the allegations in the particulars of claim he denies; which allegations he is unable to admit or deny, but which he requires the claimant to prove; and which allegations he admits.
A festival organiser wishes to bring a claim against a defendant for breach of contract relating to the provision and servicing of a cocktail bar at a festival venue. The contract was verbally agreed over the telephone. There are no written express terms of the contract. As a result of complaints received, and to preserve his reputation, the claimant hired additional staff and bought better quality cocktail ingredients. Pre-action correspondence has passed between the parties but it has not been possible to reach a resolution of the dispute. The claimant’s solicitor is to draft the particulars of claim.
Aside from the claim for interest and a concise statement of the facts of the claim, what must the solicitor include in the particulars of claim about the claim and the contract on these facts?
Details of the contractual words used and by whom, to whom, when and where they were spoken, and details of any misrepresentation, and the claimant’s mitigation of loss or damage.
This is incomplete as to what should be included on these facts (PD 16 para 7.4) as it fails to take account of the issues of mitigation and misrepresentation which must be specifically pleaded (PD 16 para 8.2).
The defendant in a nuisance claim is served with a request for further information by the claimant relating to matters stated in the defence. No application has yet been made to the court. The request complies with the relevant procedural rules. It does not contain a statement of truth. The defendant’s solicitor is preparing his client’s response, which is to be provided voluntarily. The defendant’s solicitor is unsure whether the response needs to include a statement of truth.
Is the defendant required to provide a statement of truth in his response, and for what reason?
A statement of truth is required as the response to the request is a statement of case.
This is not provided for in the rules. The response here is a statement of case and requires a statement of truth (see the requirements of CPR 22.1, PD 18 para 3 and under Part 2.3 in which a statement of case is defined as including any further information given in relation to a request for further information even if given voluntarily).
A claimant has brought a claim for damages for misrepresentation in relation to her purchase of a gemstone necklace for which she paid £15,000. The particulars of claim allege that the defendant made false representations that the necklace was made of platinum and that the gemstones were diamonds. The defence admits that the defendant said that the necklace was made of platinum and maintains that this is a true statement. However, the defence does not deal at all with the allegation in relation to the gemstones.
What does the claimant need to prove about the representation and the gemstones?
The claimant need not prove that the defendant made the representation but will need to prove that the gemstones are not diamonds.
The claimant is entitled to rely upon the defence and the responses to the allegations as this will narrow the issues which would be in accordance with the overriding objective (CPR 1).
A solicitor is drafting particulars of claim on behalf of his client in a claim for breach of contract relating to the purchase of an antique cabinet, which contract, the client says, was subject to oral misrepresentation. The solicitor refers to the written contract between the parties and the brief general standard terms and conditions.
What should the solicitor have in mind about the relevant procedure when drafting his client’s statement of case?
That details of the misrepresentation should be set out and the contract should be attached to the particulars of claim together with the terms and conditions incorporated into the contract.
There is a requirement to set out details of the misrepresentation (PD 16 para 8.2) as well as attaching the contract and terms (PD 16 para 7.3(1)).
At the start of a trial, a claimant, who claims against the defendant in negligence arising from a survey carried out by the defendant in 2023, wishes to amend the particulars of claim to add a claim for breach of contract against the defendant.
Which of the following is a correct statement of whether and, if so, how that amendment may be made?
The amendment may be made either with the defendant’s or the court’s permission.
A solicitor has a settlement of a personal injury claim and is drawing up the consent order for her client, the claimant.
It is agreed that as a result of the burns caused in the accident at work, the claimant is at a 20% risk of developing skin cancer within the next eight years. In addition, the terms of settlement include:
40,000 for general damages plus agreed interest;
20,000 for special damages plus agreed interest;
50,000 for loss of earnings capacity.
Which of the following correctly reflects how the solicitor should provide for the settlement terms, including agreed risk, in the consent order?
That the defendant pay the claimant by way of immediate damages the sum of £110,000 on the assumption that the claimant would not at a future date develop skin cancer and that if the claimant at a further date develops skin cancer should be entitled to apply for further damages provided the application is made on or before 1 July 2032.
Further damages are not awarded automatically; the claimant must apply for them, and there must be a specified deadline for this application set out in accordance with CPR41.2; this timeline goes beyond the agreed terms.
A solicitor is acting for the defendant, a graphic designer, against whom proceedings have been served by a web developer seeking the recovery of £25,000 alleged to be owed by the defendant for a completed website project. The parties followed the relevant pre-action protocol, but it was not possible to settle the dispute.
The solicitor is about to draft the defence. The defendant tells the solicitor that the claimant owes her £5,000 for design work she completed for the claimant on a different project.
How should the solicitor advise the client to proceed to best protect her interests?
The client should raise a set-off in her defence for the £5,000 owed by the claimant.
While a counterclaim is possible, a set-off directly reduces the amount in dispute within the same proceedings. A counterclaim would be a separate claim and would not reduce the amount in dispute for the original claim.
