Statements of Case Flashcards
What is a Part 20 claim?
A standard counterclaim is a Part 20 claim
What is an additional claim?
Any claim other than the claim by the claimant against the defendant
What is a counter claim (a type of additional claim)?
A claim brought by a defendant in response to the claimant’s claim, which is included in the same proceedings as the claimant’s claim
How can a defendant make a claim against a claimant and a third party?
Before making the claim, the defendant must get an order from the court adding the third party as a party proceedings (application notice to court with evidence, without notice, with the draft statement of case)
When is permission required for a counterclaim against a person other than the claimant?
Permission is always required
When is permission from the court required for claims for a contribution or indemnity from an existing party?
- no permission is required if filed and served at the same time as the defence
- permission required if any other time
When can a party amend a statement of case?
A party can amend a statement of case at any time before it is served
Even if claim form has been issued but not yet served, the court’s permission is ont required
What is the general rule as to the costs for amending a statement of case?
The party making the amendment will bear the costs of and arising from the amendment
Is the court’s permission required to add, remove or substitute a party?
Yes, court’s permission is always required, unless the claim form has not yet been served
What can a party do if it needs to amend a statement of case that has already been served?
The statement of case can be amended either with consent from the other party, or failing that, with permission from the court via an application to amend
Does a defendant need to respond to allegations raised in a letter of claim?
No - a defendant only needs to respond to the particulars of claim
What should a defendant do if the allegations in the particulars of claim differ to those set out in the letter of claim?
The defendant need only admit, deny or state which allegations are neither admitted nor defined in respect to the particulars of claim
- Defendant should deal principally with allegations made in the particulars of claim, but can draw attention to inconsistencies in the documents where appropriate
- Defendant should state that the claimant is required to prove the allegations that the subject of non-admissions
Does a response to a request for further information require a statement of truth?
yes, a statement of truth is required as the response to the request is a statement of case
Contents of particulars of claim - interest
Legal basis for claim for interest:
- the contract between the parties
- statutory right to interest:
s35A Senior Courts Act for claims in High Court
S69 County Courts Act for claims in County Court
What must the statement about interest in the particulars of claim contain?
A statement that interest is being claimed under either Senior Courts Act (HC) or County Courts Act (CC),
- the percentage rate which is being claimed,
- the date from which it is being claimed,
- date to which it is calculated,
- total amount of interest claimed to that date,
- daily rate at which interest accrues after that date
What is a counterclaim?
A counterclaim is a separate claim to the main claim and is normally made at the same time the defendant files its defence.
If counterclaim is made after the defendant files its defence, permission of the court is needed
Does the counterclaim need to be related to the main claim?
No - it may or may not have anything to do with the claimant’s action
- it is immaterial that the facts of the case are different from those in the original claim, the defendant can still bring a counterclaim without needing to issue proceedings separately
However, the parties must be suing/being sued in the same capacities
What is the burden of proof?
Every fact in dispute must be proved and the burdden of proving any issue generally falls on the party who asserts it
Claimant must prove:
- duty, breach, causation, loss (contract or negligence)
Defendant must prove:
- contributory negligence (if any)
- where defendant’s version of the facts is correct
When will permission to amend a statement of case not be required?
Any party may amend their statement of case at any time before it has been served on any other party
- neither the court’s permission or other party’s consent is required (if statement of case has NOT been served)
What are the four main statements of case?
- Claim form
- Particulars of Claim
- Defence + reply
- Counterclaims + set off
What do all SoC require?
All Statements of case require a statement of truth
- there are cost consequences of not complying with formalities
What is the claim form?
- Used to commence proceedings: sets out key elements of the claim
- Procedure: Form N1, court issue fee
- stops time running for limitation period
What does CF contain?
- concise statements of nature of claim
- remedy sought
- if money claim, statement of value
Personal injury claim:
- C must state whether the £ they expect to recover (for pain+suffering) IS/IS NOT more than £1.5k
NON-PI claim over £100k in HC should state:
- exact £ oof claim and statement saying they expect to recover more than £100k
What is the particulars of claim
- if served separately from CF, has to be sent within 14 days of service of CF
- must outline duty/breach/causation/loss
- closes with the prayer - remedies sought by C
- written agreements: attached
- oral agreements: outline what was said
- conduct: whom/when/where?
- relating to land: identify the land
- PI claims: include C’s date of birth, injury details, medical expert reports, schedule of losses
Claim for contribution/indemnity from an existing party
Party is seeking to recover something they’re obliged to pay somebody else
- must already be existing parties in the action
- form N211: if filed within 28 days after added party files defence, no permission required
Request for further information
To clarify or give additional information in relation to any matter which is in dispute in the proceedings
Procedure to make the request
- First make formal request in writing for further information – concise and follow CPR rules on format and layout
- If adequate response not given – application made to court
How to respond to request for further information
- must be written, dated and signed by the party/legal representative and include a statement of truth
- the response is a statement of case itself, therefore it must be verified by a statement of truth
- sent to the other party and filed at court
- if a party objects to providing a request, it must give reasons and object within the timeframe
Request for further information via the court
- Court can order a party to clarify any matter which is in dispute in proceedings or give additional information
- interim application
- if the other party has not responded after 14 days, the application can be made without notice to opponent
- in the request under Part 18, specify a time period for the other party to provide their response (typically 14 days)
What information can be requested in the ‘request for further information’?
Requests for further information should be confined to matters which are reasonably necessary and proportionate to enable requesting party to prepare its own case/understand its opponent’s case
Amendments to statement of case
- If SoC has been served, a party can only amend with written consent of all parties or court permission
- must be verified by statement of truth
- party applying is usually responsible for all associated costs
- if permission granted, amended SoC should be filed by applicant within 14 days
Purpose of statements of case
To set out the facts relied on and the factual allegations made in support of that party’s case
- It is not the place for evidence - this is considered when documents and witness statements are exchanged
- It is not the place for the law
Issue with amendments
If the court does allow amendments, this still causes wasted time and costs
What is included in the Claim form?
- Parties’ names and addresses
- Nature of the claim
- Remedy sought
- Statement of value and justification for High Court (if appropriate)
- expected sum to be recovered (in line with boundaries of the track for allocation purposes)
What is included in Particulars of Claim?
- Duty, breach, causation and loss (facts to establish the basis of the claim)
- PI claims: C’s DOB, details of injuries, schedule of past and future expenses and losses
- Written agreement: attach
- Oral agreement: details (words spoken/when/where)
- Claim for interest
What is included in a Defence?
Reacts to EVERY point/allegation in particulars of claim and particulars of defendant’s own case (must address each point and each paragraph of particulars)
- Admit - do not need to prove. Admit uncontroversial facts or those which the defendant is not disputing
- Deny - disputes facts - what the defendant knows or reasonably believes did not happen. Need reasons for denial and different version of events
- Require proof - if D cannot admit or deny
What happens if defendant does not respond at all?
Defendant deemed to admit it, unless it has set out its own case
Other potential matters in defence
Limitation, mitigation, counterclaim, set off
Statement of truth
All statements of case include a statement of truth
- particular form of authorisation that person signing has an honest belief in its contents
- signing without such a belief can lead to sanctions, such as contempt of court and ultimately imprisonment
What can a party do if the other party’s statement of case is unclear?
- Apply to strike it out
- Apply for summary judgment
- Ask for clarification by letter
- Use the procedure in CPR 18 - request for further information (often the best approach)
What is the advantage to a client of using ‘request for further information’ - why would you advise it is the best approach?
- The formal nature of the procedure elevates it above simply asking for clarification by normal correspondence
- Response to the request must be verified by a statement of truth, which reflects the formality and importance
- cost of serving Part 18 request for further information is lower than cost of making an application (for summary judgment or strike out)
- it can prompt a quick response: can specify a time for response (which is usually 14 days). Whilst an application for strike out might take longer if a hearing is necessary
Why is it an issue if a statement of case is unclear?
- difficult to ascertain what disclosure should be given and what evidence should be prepared
- difficult for the court to understand the claim
- more difficult to explore settlement: cannot discuss or address the issues if these are unclear
Content of Part 18 to obtain more information
- Ask them to clarify the issues which are unclear and explain
- Need to specify a time period for the party to respond (typically 14 days)
Why would strike out application be appropriate to an unclear/defective statement of case?
- If it does not comply with the court rules
E.g., for a defence, if it does not respond to each paragraph of the particulars of claim, or it does not give reasons for its denials (which is required by the court rules)
- It discloses no reasonable grounds - legally unrecognisable
