statements of case

Question 1

What are statements of case in legal proceedings?

Answer 1

Statements of case are the first documents served between the parties and are served in sequence.
- claim form and particulars of claim and if case contested then a defence.

Question 2

What must the particulars of claim include in terms of facts?

Answer 2

The particulars of claim must include a concise statement of the facts on which the claimant relies, outlining all facts giving rise to the dispute and demonstrating the required elements of the cause of action.

Question 3

What must the particulars of claim include if the claimant is seeking interest?

Answer 3

The particulars of claim must include a statement that the claimant is seeking interest, along with the details of the interest sought.

Question 4

What is included in the status of the parties in a breach of contract case?

Answer 4

The status of the parties includes background information and any details required to establish specific legal elements, such as confirming the defendant’s business

Question 5

What must be established in the existence of contract section of the particulars of claim?

Answer 5

The existence of contract must establish the date, type (written or oral), parties, subject matter, and consideration of the contract. If written, a copy must be attached, and if oral, the details of the contractual words used must be specified.

Question 6

What details should be included about terms in the particulars of claim?

Answer 6

Details of any express terms (usually found in the contract) and any implied terms should be stated specifically.

Question 7

What does the breach alleged and particularised section include?

Answer 7

This section contains details of which terms were
breached and specifically how

Question 8

What is covered in the factual consequences section of the particulars of claim?

Answer 8

This is a continuation of the chronological events where the
claimant explains what happened as a result of what the defendant did wrong

Question 9

What should be included in the damage and loss alleged and particularised section?

Answer 9

The damage and loss alleged and particularised section must explain the loss suffered due to the breach, itemising the losses so the defendant understands what is being claimed and how it’s calculated.

Question 10

When can interest be claimed in breach of contract cases?

Answer 10

Interest can be claimed when 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 it is claimed.

Question 11

What is one way to claim interest in breach of contract cases?

Answer 11

Interest can be claimed if the contract itself specifies a rate of interest payable on any outstanding sum.

Question 12

What if there is no provision for interest in the contract?

Answer 12

If there is no provision for interest, interest can be claimed under the Late Payment of Commercial Debts (Interest) Act 1998

Question 13

What are the requirements for claiming interest under the Late Payment of Commercial Debts (Interest) Act 1998?

Answer 13

The Act applies only to commercial debts. The relevant interest rate is 8% per annum above the Bank of England’s base rate on the date the debt became due for payment.

claimant is entitled to a small prescribed amount of statutory compensation for the inconvenience of recovering the debt.

Question 14

How can interest be claimed in other cases if not covered by the contract or the Late Payment of Commercial Debts (Interest) Act 1998?

Answer 14

in all other cases, the court has discretion to award interest under s 35A of the Senior Courts Act 1981 (for High Court cases) or s 69 of the County Courts Act 1984 (for County Court case

Question 15

How should interest be calculated for specified claims in breach of contract cases?

Answer 15

For specified claims, interest must be precisely calculated as a lump sum for the amount that has accrued from the breach of contract up to the date of issue of the proceedings, plus a daily rate so that an updated total can be easily provided.

Question 16

What are the three possible responses a defendant must state for each allegation in the defence

Answer 16

a) Denied
b) Not admitted
c) Admitted

Question 17

What must a defendant include when denying an allegation?

Answer 17

1. Their reasons for denying the allegation.
2. Their own version of events, if it differs from the claimant’s account.

Question 18

When is a non-admission made in the defence?

Answer 18

When the defendant has no knowledge of the particular matter alleged

Question 19

Does the claimant need to prove the allegation based on the defendant’s response?

Answer 19

Admission => NO
non-admission => YES
Denial => YES

Question 20

What are the required formalities for drafting a defence under the CPR?

Answer 20

• the name of the court;
• the claim number (the unique reference number that is allocated by the court on issue of
  proceedings);
• the parties;
• the title (DEFENCE);
• the date and signature of solicitors in the name of the firm;
• the statement of truth; and
• details of who is to be served and where

Question 21

In which instances does the burden of proof fall upon the defendant?

Answer 21

burden of proof falls on D when:
1. Contributory negligence.
2. A failure by the claimant to mitigate its loss.

Question 22

What is a counterclaim?

Answer 22

A counterclaim arises when the defendant alleges their own cause of action against the claimant. Effectively, the defendant could have initiated proceedings against the claimant first.

Question 23

Which CPR part governs counterclaims and additional claims?

Answer 23

Counterclaims and additional claims are governed by CPR Part 20.

Question 24

What should the defendant do if they have not incurred any loss but have a reason for not paying the monies owed?

Answer 24

The defendant should file only a defence.

Question 25

What does the heading of a defence and counterclaim document say?

Answer 25

The heading is “DEFENCE AND COUNTERCLAIM.”

Question 26

How is a defence and counterclaim document structured?

Answer 26

It is divided into two sections: the defence is outlined first, followed by the counterclaim

Question 27

Should details already in the statements of case be repeated in the counterclaim?

Answer 27

No, the counterclaim should refer back to the defence rather than repeating details like contract terms or implied terms.

Question 28

what are additional claims made under part 20 CPR?

Answer 28

1. counterclaims
2. indemnity
3. contribution

Question 29

Is court permission required for a defendant’s counterclaim against the claimant?

Answer 29

No, court permission is not required if the counterclaim is filed with the defence.

Question 30

When does a defendant not require court permission for an additional claim against another party?

Answer 30

Court permission is not required if:

1. The person is already a party to the proceedings, and the notice is filed and served with the defence.
2. The additional claim is issued before or at the same time as the defence is filed.

Question 31

Is a claimant obligated to file a reply to the defence?

Answer 31

No, a claimant may wish to file a reply to the defence but is under no obligation to do so.

Question 32

What must the claimant do if they decide to dispute the counterclaim?

Answer 32

The claimant must file a defence to the counterclaim within 14 days (unless an extension of up to 28 days has been agreed with the defendant). If they fail to do so, the defendant may enter judgment in default on the counterclaim

Question 33

When can statements of case be amended after filing but before service (within limitation period)?

Answer 33

Amendments may be made at any time.

Question 34

When can statements of case be amended after filing and service (within limitation period)?

Answer 34

Amendments can only be made with:

(a) The written consent of all of the parties, or
(b) The permission of the court

Question 35

What three circumstances allow an amendment after the expiry of the limitation period?

Answer 35

The court may allow an amendment in the following circumstances:

(a) To add or substitute a new claim, if it arises from the same or substantially the same facts as an existing claim.
(b) To correct a genuine mistake as to the name of a party.
(c) To alter the capacity in which a party claims.

Question 36

When can a party request further information under CPR Part 18?

Answer 36

A party may request further information at any time to:
1. clarify matters in dispute or
2. provide additional information on such matters.

Question 37

What must a party do if they require further information under Part 18?

Answer 37

They must serve a written request on the other party, allowing a reasonable time for the response.

Question 38

How should a Part 18 request be written?

Answer 38

The request should be concise and strictly confined to matters that are reasonably necessary and proportionate to help the applicant prepare their case or understand the case they have to answer

Question 39

What must the party do after receiving a Part 18 request for further information?

Answer 39

The other party must respond in writing, dated and signed, providing details of the response, which must be served on all parties, filed with the court, and verified by a statement of truth

Question 40

What happens if a request for further information is not responded to or cannot be complied with?

Answer 40

An application may be made to the court under Part 18, and the court will grant an order if the request is reasonably necessary and proportionate for the applicant to prepare their case or understand the case against them.