Statements of Case Flashcards
chapter 5
What is the primary purpose of statements of case?
To formally set out each party’s case, ensuring all sides know the issues in dispute early on. This helps them to assess the strength of their case, determine necessary evidence, and consider settlement. Statements of case also define the issues the court will decide
What documents are included as ‘statements of case’?
Claim forms, particulars of claim, defences, counterclaims, replies, and responses to requests for further information. Note that witness statements and expert reports are not included
What is the function of a ‘claim form’ and what usually accompanies it?
The claim form begins legal proceedings. In complex cases, it is usually accompanied by a separate ‘particulars of claim’ document
What is the purpose of ‘particulars of claim’?
This document provides a concise statement of the facts and legal basis of the claim, including details of the alleged breach, remedies sought, and interest claimed. It must outline all facts giving rise to the dispute, demonstrating the required elements of the cause of action
What must be included in the particulars of claim when alleging breach of contract?
○The status of the parties.
○The existence of a contract (date, type, parties, subject matter, consideration).
○Details of express and implied terms.
○What parts of the contract have been performed.
○Specific details of the breach.
○Factual consequences of the breach.
○Damages and losses.
○Interest.
○A summary of relief sought.
○A statement of truth
What is the defendant’s purpose in filing a ‘defence’?
To respond to the claimant’s allegations and highlight the issues that are in dispute. The defendant must state if each allegation is admitted, denied, or not admitted
What are the implications of the defendant ‘denying’ an allegation?
The defendant must give their reasons for denying and provide their version of events. The claimant will have to prove the allegation
What are the implications of the defendant ‘not admitting’ an allegation?
It means the defendant has no knowledge of the matter, and the claimant must prove the allegation
What is the consequence of missing an allegation in a defence?
If an allegation is not addressed in the defence, it is considered to be accepted by the defendant
What is a ‘counterclaim’?
A counterclaim is a claim made by the defendant against the claimant, included in the same document as the defence. It arises when the defendant believes they have a cause of action against the claimant.
What is the structure of a ‘defence and counterclaim’ document?
The document is presented in a single document, with the defence appearing first, followed immediately by the counterclaim. The counterclaim should be drafted as a stand-alone claim but will refer back to the defence for basic facts
What are ‘additional claims’?
These are claims made by the defendant against another party (either already in the proceedings or not) for contribution or indemnity.
What is ‘indemnity’ in the context of additional claims?
It is when a third party is contractually or legally obliged to cover the defendant’s liability if the defendant is found liable.
What is ‘contribution’ in the context of additional claims?
A claim made against a third party when they are partly responsible for the harm the claimant suffered.
Is a claimant required to file a reply to a defence?
No, a reply is optional. It is used to respond to matters in the defence not covered in the particulars of claim
