Statements Of Case Flashcards
Define the purpose of a claim form in litigation.
A claim form is a legal document that initiates a lawsuit, outlining the claimant’s case and the relief sought.
How does the acknowledgement of service function in a legal context?
The acknowledgement of service is a document filed by the defendant to confirm receipt of the claim form and to indicate whether they intend to contest the claim.
Explain the concept of defense and counterclaim in litigation.
A defense is the response of the defendant to the claims made against them, while a counterclaim is a separate claim made by the defendant against the claimant.
What is the significance of service of the claim form?
Service of the claim form is crucial as it formally notifies the defendant of the legal action being taken against them.
Explain the role of witness statements in litigation.
Witness statements provide evidence from individuals who can support the claims or defenses in a case, helping to establish facts during the trial.
Define the initial steps a claimant must take after deciding to bring a claim.
Once the claimant has decided to bring a claim, they must decide in which court to issue the claim and then issue the proceedings in that court.
Define the jurisdiction thresholds for non-personal injury claims in the High Court and County Court.
Non-personal injury claims over £100,000 can be brought in either the High Court or County Court, while claims up to £100,000 must be brought in the County Court.
How do personal injury claims differ in jurisdiction between the High Court and County Court?
Personal injury claims of £50,000 or more can be brought in either court, whereas personal injury claims less than £50,000 must be brought in the County Court.
What is the place of service for a limited liability partnership or company registered in England and Wales?
The place of service is the principal office of the partnership or company, or any place of business within the jurisdiction that has a real connection with the claim.
How should a claimant proceed if the particulars of claim are to follow the claim form?
The claimant should serve only the claim form initially, and the response pack will be served later with the particulars of claim.
What must a claimant do after serving the particulars of claim?
The claimant must file a copy of the particulars of claim at court within 7 days of service, unless they have already been filed.
Define the response pack in the context of serving a claim form.
The response pack (Form N9) includes forms for admission, defending, and acknowledging service, and must be served along with the claim form and particulars of claim if they are included.
Describe the process for serving particulars of claim after issuing a claim form.
The claimant can include the particulars of claim within the claim form or serve them as a separate document. If served separately, they must be served within 14 days of the claim form and within the 4-month validity period.
Explain why mistakenly serving the defendant’s insurers or solicitors may not justify an extension.
Mistakenly serving the defendant’s insurers or solicitors instead of the defendant is unlikely to justify an extension because it does not meet the requirements for reasonable steps taken.
How does waiting for further evidence affect the application for an extension of time?
Waiting for further evidence or a response from the defendant to pre-action correspondence is unlikely to be considered a good reason for an extension.
Define the conditions under which a court will grant an extension after the deadline for service has passed.
The court will grant an extension only if it failed to serve the claim form, the claimant took all reasonable steps to comply, and the application was made promptly.
Describe the process for applying for an extension of time to serve a claim form.
The claimant may apply to the court for an extension under CPR 7.6 within the four-month validity period of the claim form, needing to show good reasons for the extension.
What must a claimant do if the claim form is not served in time and they wish to continue the claim?
The claimant must issue a new claim and pay the court fee again.
Define what happens if the claim form is not served within the time limit.
If the claim form is not served within the time limit, the claim will fail automatically.
Describe the time limit for serving a claim form after it is issued.
The claim form must be served before 12.00 midnight on the calendar day four months after the date of issue.
Do limited liability partnerships have specific requirements for service of claim forms?
Yes, limited liability partnerships must be served at their principal office or any place of business within the jurisdiction that has a real connection with the claim.
Explain the nature of the defendant to be served in legal proceedings.
The nature of the defendant to be served can vary based on whether they are an individual, a business entity, or part of a partnership, affecting the place of service.
Who serves a claim form?
A claim form may be served either by the court or by the claimant/claimant’s solicitor.
What is the significance of CPR 6.7 in the context of service of documents?
CPR 6.7 mandates that if a defendant provides a solicitor’s address for service, the documents must be served to that address.
Explain the alternative address options for serving a defendant if no solicitor’s address is provided.
If no solicitor’s address is provided, the defendant may be served at their residence or business address within the UK that they have given for service.
What happens if a defendant provides a solicitor’s address for service?
If the defendant provides a solicitor’s address in writing, service must be made to that solicitor’s address.
Explain the conditions for service by email.
Service by email is only permitted if the defendant or its solicitor has indicated that they will accept service by email.
What is required for service by fax to be valid?
Service by fax is only permitted if the defendant or its solicitor has indicated that they will accept service by fax.
What happens if the service of the claim form is invalid?
If the service of the claim form is invalid, the claimant may be unable to obtain judgment or enforce any judgment obtained.
List the permissible methods of serving the claim form.
The permissible methods of serving the claim form include: personally on the defendant, leaving the document at a permitted address, first class post, document exchange (DX), fax, other electronic methods (e.g., email), and any other method authorized by the court.
What happens if the court is unable to serve the claim form?
If the court is unable to serve the claim form, the claimant will be sent a notice of non-service.
What does the claimant receive once the court has effected service of the claim form?
The claimant receives a notice of issue stating the deemed date of service.
When is it not necessary to file a certificate of service?
It is not necessary to file a certificate of service if all of the defendants have filed an acknowledgment of service within 21 days.
Define the role of the claimant’s solicitor in the service of the claim form.
The claimant’s solicitor must file a certificate of service at court within 21 days of service, certifying details of the date and method of service.
What does the court provide to the claimant or their solicitor when they choose to serve the claim form themselves?
The court will give or send the claimant/claimant’s solicitor the issued claim form with sealed copies for service on the defendant(s).
What must a claimant do if they wish to serve the claim form themselves rather than the court?
The claimant must notify the court when issuing the claim form that they do not wish the court to serve it.
Explain the significance of the deemed date of service for the defendant.
For the defendant, the deemed date of service is significant as it determines the deadline for serving a response to the claim form, especially if the particulars of claim are included with it.
How is the deemed date of service calculated according to CPR 6.14?
The deemed date of service is calculated as the second business day after the completion of the service
When is the deemed dare of service when particulars of claim are served with the claim form?
If the particulars of claim are served with the claim form, the deadline for the defendant to respond is based on the deemed date of service of the claim form.
when is the deemed service date of a claim form by email?
If a claim form is served by email, the deemed service date is the second business day after the email is sent, regardless of when the recipient actually receives it.
What is the deemed service date if a claim form is emailed on Wednesday, 5 September?
The deemed service date would be Friday, 7 September, which is the second business day after the email was sent.
What is the deemed date of service for particulars of claim form (or other documents) for instant methods of document delivery.
For instant methods such as personal service, fax, email, or delivering to a permitted address, if done before 4.30pm on a business day, the document is deemed served the same day; otherwise, it is deemed served the next business day.
When is the deemed date of service for the particulars of claim form (or other documents) when posted on a non-business day?
If a document is posted on a non-business day, it is deemed served on the next business day.
Define the consequences of serving deficient statements of case.
Serving deficient statements of case can lead to costs consequences, wasted time for the court and parties, and tactical disadvantages that could be serious.
Does a statement of case require a statement of truth?
Yes, a statement of truth serves to confirm that the person signing believes the document is true, allowing the statement of case to be used as evidence in the proceedings.
How is the claim form typically structured according to legal guidelines?
The claim form is usually on Form N1, which dictates the structure and guides the content to be included.
Describe the requirements for a claim form regarding the parties involved.
The claim form must contain the names of the parties and their addresses, and it must refer to the parties in a specific format.
What is the correct format for naming a sole trader in a claim form?
A sole trader should be named with their full name followed by ‘trading as’ and the name of their business, for example, Fred Michael Flagstone (trading as Fred’s Café).
How should partners be named in a claim form if suing as individuals?
If suing the partners as individuals, each partner should be named separately, for example, (1) Fred Michael Flagstone (2) William Aaron Rouble.
What is the format for naming a partnership in a claim form?
If suing the partners in the name of the partnership, it should be named as ‘Flagstones (a Firm)’.
How should a deceased person’s name be formatted when probate has been granted?
When probate has been granted, the format should be ‘Jane Wilson (as administratrix/executrix of John Wilson)’.
How should a deceased person’s name be formatted when probate has not been granted?
When probate has not been granted, the format should be ‘The personal representatives of John Wilson deceased’.
Explain the role of a trustee in the naming convention for a trust.
In the naming convention for a trust, a trustee is identified by their name followed by their capacity, such as ‘Markus Severn in his capacity as trustee of [name of trust]’.
Explain the difference between the concise statement of the claim and the particulars of claim.
The concise statement of the claim is a brief summary of the claim type, while the particulars of claim provide detailed information and must be set out later in the claim form or in a separate document.
What details must a claimant include in their claim form?
A claimant must include their addresses, a concise statement of the nature of the claim, and the remedy sought.
Describe the requirements for a claim form when making a monetary claim.
The claim form must include a statement of the amount claimed, which can be specified in one of three ways: stating the exact amount, providing a range (e.g., less than £10,000, between £10,000 - £25,000, or more than £25,000), or stating that the claimant cannot specify the expected recovery amount.
What should a claimant include if they cannot specify the amount they expect to recover?
The claimant should include a statement saying, ‘I cannot say how much I expect to recover’.
Explain the significance of the statement of value in a claim form.
The statement of value is significant as it informs the court about the expected recovery amount, which aids in the allocation of the claim to the appropriate track for case management.
Define the requirements for a personal injury claim regarding the amount expected to recover.
In a personal injury claim, the claimant must state whether the amount expected to recover for pain, suffering, and loss of amenity is or is not more than £1,500.
What must a claim form include if it is to be issued in the High Court for a money claim?
If the claim form is to be issued in the High Court, it must state that the claimant expects to recover more than £100,000, specify an enactment that allows the claim to be commenced only in the High Court, state that the claimant expects to recover £50,000 or more for personal injuries, or indicate that the claim is to be in one of the specialist High Court lists.
Do claimants need to include interest and costs when stating the value of their claim in the High Court?
No, claimants do not include interest, costs, counterclaims, set-off, contributory negligence, or state benefits when stating the value of their claim.
How are particulars of claim submitted if they are separate from the claim form?
If the particulars of claim are separate, they can either be attached to the claim form or sent separately within 14 days after the claim form is served.
What must be included if particulars of claim are served separately from the claim form?
They must include the claimant’s address for service, which is usually found at the end of the particulars.
In what scenario might particulars of claim be included directly on the claim form?
Particulars of claim may be included directly on the claim form in relatively concise cases, such as simple debt claims.
What are the two methods a claimant can use to set out their claim for interest?
A claimant can either calculate the exact amount of interest claimed or plead the interest generally without specifying an exact amount.
How does the particulars of claim conclude?
The particulars of claim concludes with a summary of the remedies sought by the claimant, known as the ‘prayer’.
Describe the purpose of the ‘prayer’ in the particulars of claim.
The ‘prayer’ summarizes the remedies sought by the claimant, providing the court and the defendant with a quick means to ascertain what the claimant actually wants.
Describe the importance of including interest claims in particulars of claim.
Including interest claims is important as it reflects the financial impact of the breach over time and compensates the Claimant for the delay in payment.
How does the court handle interest in debt claims if the defendant pays during proceedings?
In debt claims, if the defendant pays the whole debt during the proceedings, the court must award some interest, but the amount is still at the court’s discretion.
Describe the discretion of the court regarding interest awards in personal injury claims.
In personal injury claims where damages over £200 are awarded, the court must award some interest unless there are special reasons not to do so, but the amount is still at the court’s discretion.
Describe the options available for handling hybrid claims.
You can treat the two claims separately, calculating interest for the specified claim and making a general claim for the unspecified claim, or you can combine the two claims into a total that is treated as an unspecified claim.
What types of damages typically fall under unspecified claims?
Unspecified claims often include damages such as loss of goodwill, damage to reputation, loss of future earnings or profits, and any damages where issues of remoteness, foreseeability, or mitigation arise.
How should interest be pleaded in a specified claim?
In a specified claim, interest should be pleaded by stating the applicable percentage rate, the dates for which interest is claimed, the total amount claimed up to the issue of the claim form, and the daily rate of interest thereafter.
Describe the purpose of the particulars of claim in a legal context.
The particulars of claim set out the claimant’s case in full detail, providing a comprehensive statement of the claim and the remedy sought, which will be referred to by the court and all parties.
How should a claimant indicate their intention to seek interest in their claim?
A claimant must include a statement indicating their intention to seek interest and provide the relevant details in the particulars of claim.
How should human rights arguments be included in a claim?
Any human rights arguments relied upon or relief sought must be included in the particulars of claim (16 PD 14).
Define the particulars needed for a claim based on an agreement by conduct.
The particulars should set out the conduct relied on and state by whom, when, and where the acts were done (16 PD 7.5).
What is the significance of including a schedule of expenses in personal injury claims?
Including a schedule of past and future expenses and losses is crucial for substantiating the financial impact of the injuries claimed in personal injury cases.
How should particulars of claim be structured in personal injury claims?
In personal injury claims, the particulars should include the claimant’s date of birth, details of their injuries, a schedule of past and future expenses and losses, and the report of any expert medical practitioner relied upon (16 PD 4).
What are the contents of particulars of claim generally focused on?
Particulars of claim are generally focused on providing a general outline rather than detailed law, evidence, or arguments.
Define the essential elements that must be articulated in the particulars of claim.
The particulars of claim must articulate the material facts and allegations showing a duty owed by the defendant to the claimant, a breach of that duty, and that the breach caused recoverable loss.
How should a defendant respond to a claimant’s medical report in personal injury claims?
The defendant must state whether they agree, dispute, or have no knowledge of the medical report and provide reasons along with their own medical evidence if applicable.
Define the term ‘reply’ in the context of legal claims.
A reply is the last statement of case in a claim, and it requires the court’s permission to file any further statements after it.
How much notice is typically given for the deadline to file a reply with the directions questionnaire?
Parties are given at least 14 days’ notice of the deadline for filing a reply with the directions questionnaire.
Give an example of when a claimant might file a reply.
A claimant may file a reply when the defence admits the claim but introduces new allegations, such as claiming that the goods were defective, which were not addressed in the particulars of claim.
How does a reply address new points raised in the defence?
A reply contains factual allegations that specifically respond to ‘new’ points raised in the defence, providing clarity on the claimant’s position.
Describe the purpose of a reply in legal proceedings.
A reply serves as an optional statement of case by the claimant, intended to allege facts in response to the defence that were not included in the original claim.
What is the purpose of the statement of truth in a defence document?
The statement of truth serves to affirm that the contents of the defence are true to the best of the defendant’s knowledge.
What is a common practice regarding the first paragraph of the particulars of claim in a defence?
It is common to admit the first paragraph of the particulars of claim in the defence.
What is a counterclaim in the context of a defense?
A counterclaim is a claim made by the defendant against the claimant, which should normally be included in the same document as the defense.
Describe the concept of set-off in legal defense.
Set-off is a legal defense where the defendant claims that they are owed money by the claimant, effectively stating that their debt cancels out the claimant’s claim.
Explain the role of a counter-schedule in a personal injury defense.
A counter-schedule is provided by the defendant to outline their own assessment of past and future expenses and losses, countering the claimant’s claims.
How does the defence document relate to the particulars of claim?
The defence document is the defendant’s response to the particulars of claim, addressing each allegation individually.
What must a defendant include when raising a limitation defense?
The defendant must include the date on which the limitation period is deemed to have expired.
How must a defendant dispute the claimant’s valuation of the claim?
A defendant must state the reasons for disputing the claimant’s valuation and provide their own estimate of the claim’s value.
How does failing to address an allegation affect the defendant’s position?
If the defendant omits to deal with any allegation, it will be deemed to admit it unless the defendant sets out its own case regarding that allegation.
Explain the effect of a denial on the claimant’s responsibilities.
A denial will require the claimant to prove the allegation.
What is required if a defendant wishes to present a different version of events?
The defendant must state its version in the defense according to CPR 16.5(2).
How must a defendant respond when denying an allegation?
If a defendant denies an allegation, it must provide reasons for the denial.
Define the potential consequences of not admitting an allegation when it should have been admitted.
There can be costs consequences for not admitting something when it should have been, as outlined in CPR 44.2(5)(b).
Define the three options a defendant has in relation to each allegation made by the claimant.
The defendant can either admit the allegation, deny the allegation, or require proof of the allegation.
What must every defence include regarding the defendant’s address?
Every defence must include the defendant’s address for service in the jurisdiction, unless an acknowledgment of service has already been filed.
Is the defence filed at court?
Yes, the defence is filed at court and served on the other parties, including the claimant.
Explain the concept of equitable set-off.
Equitable set-off is a legal principle developed by courts that allows a defendant to counter a claim when there is a close connection between the two transactions, making it unjust to enforce one claim without considering the cross-claim.
What is required after the reply in terms of filing additional statements of case?
After the reply, permission from the court is needed to file any additional statements of case, as confirmed by CPR 15.9.
Define the requirement for verifying a reply in legal proceedings.
A reply must be verified by a statement of truth as per CPR 22.1(1)(a).
What is the directions questionnaire in legal proceedings?
The directions questionnaire is a case management document that the court directs parties to file after a claim is defended, with at least 14 days’ notice for the deadline.
When should a reply be filed in a legal case?
A reply should be filed with the directions questionnaire, which is a case management document required after a claim is defended.
Describe the purpose of a reply in legal proceedings.
A reply is an optional statement of case served by the claimant to allege facts in response to the defence that were not included in the original claim.
Explain the requirement for acknowledging service of a counterclaim.
There is no requirement for a claimant to acknowledge service of the counterclaim using an acknowledgment of service.
What happens if a claimant fails to serve a defence to a counterclaim within the time limit?
If a claimant fails to serve a defence within the requisite time limit, a judgment in default may be entered by the defendant.
Define the time limit for serving a defence to a counterclaim.
A defence to a counterclaim must be served within 14 days after the service of the counterclaim.
How can a claimant respond to a defendant’s counterclaim?
A claimant can either admit or defend against a defendant’s counterclaim.
Describe the claimant’s responsibilities regarding a counterclaim.
The claimant must respond to any counterclaim against them, similar to how they would respond to any other claim.
How does the defence of set-off relate to the structure of a defendant’s legal argument?
The defence of set-off is typically the last paragraph of the defendant’s defence before transitioning into the counterclaim.
How is the defence of set-off typically pleaded in legal proceedings?
It is usually pleaded with a statement such as: ‘Further or in the alternative, if the Defendant is held liable to the Claimant, the Defendant will seek to set off against the Claimant’s claim as much of the sum awarded by way of counterclaim in these proceedings as to reduce it or extinguish it altogether.’
Describe the placement of the defence of set-off in legal documents.
The defence of set-off should be included in the defence part of the Defence and Counterclaim, rather than in the counterclaim part, as per CPR 16.6.
Do damages qualify for set off against mutual debts?
No, damages do not qualify for set off against mutual debts; the principle of set off applies specifically to debts.
What is the significance of defective services in set off claims?
Defective services are significant in set off claims as they allow a defendant to claim damages for poor services when a claim is made for the price of those services, establishing a basis for mutual set-off.
How does a claimant respond to a counterclaim?
The claimant usually serves a defence to the counterclaim after the defendant has made it.
How does the Sale of Goods Act 1979 relate to set off claims?
Under S.53(1) of the Sale of Goods Act 1979, if a seller sues for the price of goods sold, the buyer can set off a claim for breach of implied terms regarding quality and fitness for purpose.
Define mutual debts in the context of set off.
Mutual debts refer to situations where one party owes money to another, and vice versa, allowing for the possibility of setting off one debt against the other.
Explain the legal effect of a counterclaim on a judgment amount.
The legal effect of a counterclaim is that it reduces the enforceable judgment amount by the value of the counterclaim, allowing for a net recovery that reflects both claims.
How can a counterclaim be used as a defense of set-off?
A counterclaim can be used as a defense of set-off when the facts underlying the counterclaim are relevant to reducing or eliminating the claimant’s original claim, allowing the defendant to assert that they are owed money or damages as well.
Define the defence of set off.
The defence of set off is a legal argument that may serve as a partial or complete defence to the main claim, effectively extinguishing any claim up to the same amount against the defendant.
Describe the relationship between a counterclaim and a defence in the main claim.
The facts that give rise to a counterclaim may also serve as a defence in the main claim, specifically through the defence of set off.
What is required when filing a counterclaim in court?
A court fee will be payable to the court on filing a counterclaim.
What can a court do if it decides a counterclaim should not be heard with the main claim?
The court can order that the counterclaim be struck out or heard separately.
Does the counterclaim have to relate to the claimant’s original cause of action?
A counterclaim may or may not be related to the claimant’s substantive cause of action against the defendant.
Describe the requirements for a defendant to establish a counterclaim.
The defendant must establish duty, breach, causation, and loss against the claimant in their counterclaim.
What is required if a counterclaim is made after the defense has been filed?
If a counterclaim is made after the defense has been filed, permission from the court is required according to CPR 20.4(2).
Describe what a counterclaim is in legal terms.
A counterclaim is a separate claim made by a defendant against a claimant, typically filed at the same time as the defendant’s defense.
Do defendants have options beyond just admitting or defending a claim?
Yes, defendants can also make a counterclaim or other statements of case.
List possible statements of case that might be served after the defendant’s initial response.
Possible statements of case include a counterclaim, a defence to counterclaim, and a reply.
Explain the convenience of combining a counterclaim with a main claim.
Combining a counterclaim with the main claim is more convenient for the defendant as it streamlines the legal process and avoids the need for separate proceedings.
What is required when filing a counterclaim in court?
A court fee will be payable to the court on filing a counterclaim.
How should a lawyer approach new claims that arise during an ongoing case?
A lawyer should consider the tactical reasons for proceeding or not, and evaluate if the new claim is closely connected to the existing claim, which may allow it to be included in the original case.
Define the benefits of including new claims in an existing case.
Including new claims can save time and costs, and prevent the court from hearing multiple cases on similar facts, which could lead to inconsistent judgments.
What must be remembered regarding limitation rules for new claims?
Limitation rules apply to all new claims, regardless of whether they are brought as separate actions or added to an existing claim, affecting the legal advice provided to clients.
How can tactical considerations influence the decision to proceed with new claims?
Tactical considerations may lead to strategic decisions about whether to include new claims based on the potential impact on the overall case and client interests.
How does amending statements of case relate to adding a party to a claim?
After adding a party to a claim under CPR 19, you will need to amend the existing statements of case in the action according to CPR 17.
How can changes in a party’s knowledge of a case affect the proceedings?
Changes in a party’s knowledge, such as upon disclosure or the exchange of witness statements, can necessitate the amendment of a statement of case.
What is an example of a situation that might require an amendment to a statement of case?
An example is if a factual mistake has been made in the originally drafted particulars of claim, which can be corrected by serving an amended particulars of claim.
Do simple drafting errors necessitate amendments to statements of case?
Yes, even simple drafting errors can necessitate the amendment of a statement of case.
Explain the role of the claimant in correcting mistakes in the particulars of claim.
The claimant can correct mistakes by serving an amended particulars of claim with the mistake corrected.
Explain the process a defendant must follow after acknowledging service of a claim.
After acknowledging service, a defendant may serve a defense and then file a contribution notice against an existing party.
Define the circumstances under which default judgment can be applied for in additional claims.
Default judgment in additional claims is not possible except in exceptional circumstances (CPR 20.11(2)(b) and 20.11(3)).
Explain the implications of not replying to a notice of contribution or indemnity.
If an existing party does not reply to a notice of contribution or indemnity, it is not possible to apply for a default judgment.
Describe the treatment of an additional claim under CPR 20.3.
An additional claim is treated as a claim, meaning that a party served with it must file a defense according to the usual rules (CPR 15.2).
How should a counterclaim affect the title of proceedings? L
If a defendant makes a counterclaim against the claimant and an additional party, the claimant remains as ‘Claimant’ and the additional party is referred to as ‘Third Party’.
Define the order of naming additional parties in legal proceedings.
Additional parties should be referred to in the title of the proceedings in accordance with the order in which they are joined, such as ‘Third Party’ or ‘Fourth Party’.
What must be done with the additional claim form regarding existing parties?
A copy of the additional claim form must also be served on every existing party involved in the proceedings.
List the documents required when serving an additional claim on someone not already a party.
When serving an additional claim on someone not already a party, it must be accompanied by a response pack and a copy of every statement of case and any other documents directed by the court.
What happens when an additional claim is served on a new party?
A party upon whom an additional claim is served becomes a party to the proceedings if they were not already involved.
How should an additional claim be served if made without the court’s permission?
If an additional claim is made without the court’s permission, the claim form must be served on the person against whom it is made within 14 days of being issued.
How is a notice for a claim for contribution or indemnity filed if court permission is not required?
If court permission is not required, the notice is filed and served with the defence.
What defense does D use in response to C’s misrepresentation claim?
D alleges that it relied on the advice and comments of E, its financial adviser, who owed D a duty of care.
Describe the difference between a claim by the original claimant and an additional claim.
A claim by the original claimant cannot fall into any of the categories summarized in the relevant table and is not considered an additional claim, even if the claimant is adding a further claim to their existing claim.
How can a defendant make an additional claim for contribution or indemnity?
A defendant can make an additional claim by filing a contribution notice with the court and serving that notice on the other party.
Define the role of the third party in a counterclaim scenario.
The third party must have a connection to the claimant in relation to the counterclaim; otherwise, the defendant would need to file a separate action against the third party.
Explain the implications of a defendant’s claim not involving the claimant.
If the defendant’s claim does not involve the claimant, it cannot be classified as a counterclaim and would not be related to the main cause of action.
Describe the requirements for a defendant’s counterclaim in relation to the claimant and another party.
The defendant’s counterclaim must be against the claimant and another party who may be jointly liable with the claimant. If this other party is not already involved in the main court action, they must be joined as a third party for the counterclaim to proceed.
How does a counterclaim against a person other than the claimant work?
It involves the defendant making a claim against both the claimant and another person simultaneously.
What happens if a party does not file a defense against an additional claim?
If a party does not file a defense, it will be deemed to admit the additional claim (CPR 20.11).
How must a party respond to an additional claim?
A party served with an additional claim must file a defense in accordance with the usual rules (CPR 15.2).
What amount does D claim to have lost due to the alleged issues with the machinery?
D claims to have lost profits in the region of £50,000.
Define ‘indemnity’ according to the CPR.
Indemnity is defined as ‘A right of someone to recover from a third person the whole amount which he himself is liable to pay.’
Define ‘contribution’ as per the CPR.
Contribution is defined as ‘A right of someone to recover from a third person all or part of the amount which he himself is liable to pay.’
Describe the circumstances under which a party might need to amend a statement of case.
A party might need to amend a statement of case due to adding a party or claim, changes in their knowledge of the case (such as upon disclosure or exchange of witness statements), or correcting a drafting error.
How must amendments to statements of case be verified?
Amendments to statements of case must be verified by a Statement of Truth unless the court orders otherwise.
Who is responsible for costs when applying for an amendment?
A party applying for an amendment will usually be responsible for the costs of and arising from the amendment.
Describe the conditions under which a party may amend a statement of case.
A party may amend a statement of case at any time before it is served, primarily limited to amendments to the claim form between issue and service, and to other statements of case prior to service.
How extensive can amendments be before service of a statement of case?
Amendments before service can be extensive, including rewriting the entire text of the statement of case and changing the parties and causes of action.
Define the limitations on amending particulars of claim after service.
Any amendment to the particulars of claim that alters the parties involved may require consent or permission if the claim form has been served, as it may necessitate consequential amendments to the already served claim form.
Describe the process for amending a statement of case.
A statement of case can be amended at any time with the written consent of all other parties, as per CPR 17.1(2)(a).
Explain the concept of amendment by consent.
Amendment by consent refers to the process where all parties agree in writing to the changes made to a statement of case.
Describe the process a party must follow to amend a statement of case when consent from all parties is not given.
A party must apply to the court for permission to make an amendment by filing an application notice along with a copy of the proposed amended statement of case. This can be dealt with at a hearing or, if all parties consent, without a hearing on written submissions.
Define the time frame for filing an amended statement of case after receiving court permission.
The amended statement of case should usually be filed by the applicant within 14 days of the date of the order granting the amendment, unless the court orders otherwise.
What must be done with the amended statement of case after it is filed?
A copy of the amended statement of case and the order must be served on every party to the proceedings.
Define the conditions under which an application for permission to amend a defense may be refused.
An application for permission to amend a defense will be refused if the proposed amendment has no prospect of success.
What factors may lead the court to reject an amendment?
The court may reject an amendment if it raises a version of the facts that is inherently implausible, self-contradictory, or not supported by contemporaneous documentation.
Explain the implications of unsupported allegations in amendments.
A party will not be permitted to raise an allegation by amendment that is unsupported by any evidence, as it would be considered pure speculation or invention.
What must be demonstrated for permission to amend to be granted?
There must be some prospects of success shown for permission to amend to be granted.
Describe the potential impact of a late amendment on trial proceedings.
A late amendment can cause unfairness by putting parties on unequal footing, adding excessive burden to the respondent’s preparation, and potentially risking the trial date, which the court aims to avoid.
How does the court exercise discretion when considering amendments to parties in a claim?
The court will consider the desirability of the amendment, the complexity it adds, and the potential impact on costs and time.
Explain the consequences of not joining a Third Party in the main action.
If a Third Party is not joined in the main action, the judge cannot make a judgment against that Third Party in favor of the claimant, even if the Third Party is found to be at fault.
Define the consent requirement for adding a claimant in court.
No one can be added as a claimant without his or her consent, which must be filed at court.
What happens if someone refuses to be added as a claimant?
If someone refuses to be added as a claimant, they can instead be added as a defendant.
How does the court’s permission relate to adding or removing parties in a claim?
The court’s permission is always required to add, remove, or substitute a party, unless the claim form has not yet been served.
Explain the significance of CPR 19.4(9) in relation to amendments.
CPR 19.4(9) specifies that the addition of a new party takes effect on the date the amended claim form is served, unless the court decides otherwise.
How do exceptions to the general rule of amendments under the Limitation Act 1980 arise?
Exceptions arise when an original set-off or counterclaim is raised by an amendment, or when otherwise provided in the Limitation Act and by the rules of the court.
Describe the circumstances under which a new cause of action can be added after the limitation period.
A new cause of action can be added after the limitation period if the court directs that the limitation period will not apply in a personal injury action, if the new cause of action is an original set-off or counterclaim, or if it arises out of the same or substantially the same facts as the original claim.
How does the court exercise discretion regarding limitation periods in personal injury actions?
The court can disapply the limitation period in personal injury actions if it is satisfied that it is equitable to do so, particularly when the cause or significance of the injuries or disease caused by negligence is not apparent within the standard 3-year limitation period.
Define the term ‘original set-off or counterclaim’ in the context of limitation periods.
An original set-off or counterclaim refers to a new cause of action that can be added to an existing case even after the limitation period has expired, as specified under section 35(3) of the Limitation Act 1980.
Define the implications of adding a new distinct allegation in a claim amendment.
Adding a new distinct allegation will constitute a new cause of action, which must be justified within the criteria for amendments after the limitation period has expired.
How does changing the identity of a defendant relate to amendments in legal actions?
Changing the identity of a defendant is one of the specific situations that allows for amendments to be made, as per CPR 19.6.
Describe the conditions under which parties may be added or substituted after the limitation period.
Parties may only be added or substituted after the end of the relevant limitation period if the limitation period was current when the proceedings were actually started and the addition or substitution is deemed ‘necessary’.
Define what is meant by ‘necessary’ in the context of adding or substituting parties post limitation.
The addition or substitution is deemed ‘necessary’ if the court is satisfied that the new party is to be substituted for one that was named in the claim form in mistake for the new party, the claim cannot properly be carried on by or against the original party unless the new party is added or substituted, or the original party has died or had a bankruptcy order made against him and his interest or liability has passed to the new party.
How can a new party be substituted for an original party in a claim?
A new party can be substituted for an original party if it is established that the original party was named in the claim form by mistake.
How can a claim form be amended if there is a mistake in the party’s name?
An amendment to the party’s name might be allowed under CPR 17.4(3) if the mistake does not create reasonable doubt about the identity of the party.
Define the circumstances under which a new party may be substituted in a legal action.
A new party may be substituted when the mistake is fundamental, and the identity of the new party was already known, as per CPR 19.6(3)(a).
Summarize the rules regarding amendments post limitation for party names.
Amendments post limitation regarding the name of a party may be allowed if it is a change in name only, but amendments involving someone with an entirely new identity will not be permitted.
What is the implication of a mistake that results in a different person being named in a legal action?
If a mistake results in a different person being named, it may lead to the inability to amend the claim, as the identity of the new party is entirely different.
Explain the implications of the court’s discretion in allowing amendments to the names of parties.
The court may allow the amendment even if it involves substituting a new defendant who is unconnected with the original defendant, but it is not obliged to do so if it would be unjust.
How does the law view the substitution of defendants in a claim?
The law does not permit substitution or amendment of defendants if the intended defendant is not adequately described in the statements of case.
What is the consequence of not identifying the correct defendant in a legal claim?
If the correct defendant is not identified in the claim, the court has no power to allow amendments to substitute the intended defendant.
Describe a reason a party might request further information during a legal case.
To obtain information which may reveal weaknesses in the other party’s case.
How can requesting further information help in a legal dispute?
It can narrow the issues between the parties to save time and costs.
Define a common reason for requesting further information in legal proceedings.
To obtain clarification of the other party’s case, limiting their ability to depart from it later.
In multi-track claims, when are directions for serving requests for further information typically established?
At the first case management conference.
Describe the initial step a party should take when seeking further information from another party.
A party is expected to seek information from the other party on a voluntary basis first before making an application to the court.
How should a written request for further information be structured?
The request should be concise, confined to matters that are reasonably necessary and proportionate, and state a date for a response.
What must a response to a request for further information include?
The response must be written, dated, signed by the party or its legal representative, and include a statement of truth.
What is the consequence of not responding to a request for further information within the specified timeframe?
Failure to respond within the specified timeframe may lead to complications in the legal process, including potential court applications.
How should an application be made if the other party has not responded to a request for information?
An application to the court should be made as an interim application if the other party has not responded or has objected to providing the information (18 PD 1.1).
What must a party do if the court orders them to provide further information?
The party against whom the order is made must file their response and serve it on the other parties within the time specified by the court, and the response must be verified by a statement of truth.
What is the procedure if a claimant applies for summary judgment before the defence is filed?
If a claimant applies for summary judgment before the defence is filed, the defendant need not file a defence before the hearing of that application.
Describe the procedure when a defendant claims that a debt has already been paid in response to a money claim.
The court sends a notice to the claimant asking if the defence is correct. The claimant must respond within 28 days, and if they do not, the claim is stayed. The claimant must serve a copy of their response to the defendant.
How does the court assess applications for extensions of time?
The court assesses applications by considering the reasons for the extension and its impact on the conduct of the claim.
What happens if a claimant refuses to agree to an extension of up to 28 days?
If a claimant refuses, the defendant will need to apply to the court for an order allowing an extension of time.
What must a defendant do if they need an extension longer than 28 days?
The defendant must apply to the court for a longer extension to be granted.
What must happen if an extension of time for serving the defence is agreed upon?
If an extension of time is agreed, the court must be notified in writing, but no application to the court is required.
How long can the defendant have to file the defence if an extension is agreed upon?
If an extension is agreed upon, the defendant can have up to 56 days from the deemed date of service of the particulars of claim to file the defence.
Describe the process for extending the time to serve a defence in a legal case.
The defendant and claimant can agree to an extension of time for serving the defence of up to 28 days, allowing the defendant a total of up to 56 days from the deemed date of service of the particulars of claim to file the defence without needing court permission.
Define the term ‘defence’ in the context of legal claims.
In legal claims, a defence is a formal response filed by a defendant to contest the allegations made in the claim.
Describe the first step a defendant might take in response to a claim if they cannot file a defense in time.
The defendant may file an acknowledgment of service as per CPR 10.
What happens if a defendant disputes the court’s jurisdiction?
If a defendant disputes the court’s jurisdiction, they need not file a defence before the hearing of that application.
How must a defence be submitted according to CPR 15.6?
A defence must be filed at court and served on all parties.
What happens if a defendant does not file an acknowledgment of service?
If the defendant does not file an acknowledgment of service, they must file and serve a defence within 14 days of the deemed date of service of the particulars of claim.
Describe the effect of filing an acknowledgment of service on the deadline for filing a defence.
Filing an acknowledgment of service extends the deadline for serving the defence to 28 days after the deemed date of service of the particulars of claim.
What options does the defendant have when filling out the acknowledgment of service form?
The defendant can indicate whether they intend to defend all or part of the claim or contest the jurisdiction of the court.
Summarize the key points regarding the acknowledgment of service timeline.
The acknowledgment of service must be filed within 14 days after service of the particulars of claim or the claim form, depending on the case.
Describe the general rule for filing an acknowledgment of service when a defendant is served with a claim form that states particulars are to follow.
The general rule is that the acknowledgment of service must be filed 14 days after the service of the particulars of claim.
Describe the circumstances under which a defendant will file an acknowledgment of service.
A defendant will file an acknowledgment of service if it is unable to file the defense in time and needs longer than 14 days from the deemed date of service of the particulars of claim, or if it wishes to dispute the court’s jurisdiction to hear the claim.
What are the consequences of failing to respond within the time limit in a claim?
Failing to respond within the time limit can result in a judgment in default against the party that did not respond.
How should one start counting days under the CPR when a period begins?
One should start counting from the day after the period begins, referring to that day as ‘day one’.
Describe the rule regarding counting days with reference to an event.
The end of the period is not included when counting days if it is defined by an event, such as a hearing or trial.
Describe the counting rules for specified periods of 5 days or less.
Saturdays, Sundays, Bank Holidays, Christmas Days, and Good Fridays do not count in the specified period.
Define what is meant by ‘clear days’ in the context of legal notices.
Clear days refer to days that do not count towards the specified period, excluding weekends and certain holidays.
Describe the fourth rule regarding deadlines at the court office.
The fourth rule states that if a deadline for an act at the court office falls on a day when the office is closed, the act is considered on time if completed on the next day the office is open.
Define the implications of filing a document when the court office is closed.
If a document is due to be filed on a day the court office is closed, it will be treated as filed on time if it is submitted on the next open day.
Explain the example provided regarding the filing of particulars of claim.
In the example, if particulars of claim are served on Monday 23 August, the deadline to file a copy is Monday 30 August, which is a bank holiday. Therefore, filing on Tuesday 31 August is considered on time.
Explain the significance of the calendar in the counting time task.
The calendar is used to visually determine the deadline for serving evidence in relation to the court hearing date.
What is the significance of the beginning of the period in counting clear days?
The beginning of the period, which is the day evidence is served, never counts in the calculation of clear days.
How do you count time for a period of less than 5 days?
If the period is less than five days, weekends are not included in the counting of days.
Identify the last possible date for filing the acknowledgment of service or defense.
The last day to file the acknowledgment of service or defense is Friday, 19 February.
Illustrate the counting of days from the service date to the deadline for response.
Counting from Friday, 5 February, the 14-day period includes the following days: 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and ends on 19 February.
Describe the deadline for filing the acknowledgment of service or defense.
The last day to file the acknowledgment of service or defense is Friday, 19 February.
Define the starting point for counting the acknowledgment of service or defense filing period.
The starting point is the day the particulars of claim were deemed served, which is Friday, 5 February, and this day does not count as day 0.
Explain how weekends are treated in the acknowledgment of service or defense filing period.
Since the period of time is greater than 5 days, weekends are counted in this situation.
How does a defendant indicate their admission of a claim?
The defendant indicates their admission of a claim by using Form N9A, where they specify whether they admit the whole claim or only part of it.
Explain the significance of interest in admitted claims.
Interest on admitted claims is calculated on the admitted part of the debt, which can affect the total amount owed.
Describe the process when a claim for an unspecified sum is admitted by the defendant.
When a claim for an unspecified sum is admitted, the liability is resolved, but the quantum, or the amount of money to be paid, is not yet known. The defendant may either admit liability for the whole claim or offer a sum in satisfaction of the claim.
How should a defendant respond if they do not wish to dispute a claim?
The defendant may respond to the particulars of claim by admitting either the whole or part of the claim.
Describe the purpose of the admission form in legal claims.
The admission form is used by a defendant to admit the whole or part of a claim and is included in the response pack sent with the particulars of claim.
Define the two types of admission forms based on the nature of the claim.
Form N9A is for claims for a specified amount, while Form N9C is for claims for an unspecified amount, non-money claims, or return of goods.
What is the time frame for a defendant to submit an admission form after receiving the particulars of claim?
A defendant must submit the admission form within 14 days of deemed service of the particulars of claim.
Describe the process when a claim for a specified sum is admitted.
When a claim for a specified sum is admitted, the amount to be paid is already known, and interest can be calculated up to the date of payment. Court fees are fixed, allowing for a prompt determination of the claim’s amount.
What happens when a claim is admitted in part?
When a claim is admitted in part, the defendant states the amount of the claim that is admitted, while the remaining balance stays in dispute, requiring the defendant to file a defense for the unadmitted portion.
What happens if the whole claim is admitted by the defendant?
If the whole claim is admitted, the court will enter judgment for an amount to be decided later, along with costs, following a request from the claimant.
What information must a defendant provide when requesting time to pay?
The defendant must supply personal financial information, including income, outgoings, debts, and reasons for any inability to pay immediately.
What happens if a specified claim is admitted and paid in full within 14 days?
If a specified claim is admitted and paid in full within the 14-day period, it is unlikely that a judgment will be entered.
Describe the components included in a specified claim judgment.
A specified claim judgment will comprise the amount of the claim or debt including interest to the date of issue, interest since the date of issue, court fees, and fixed costs as outlined in the rules.
How is interest calculated in specified claims?
Interest in specified claims is calculated using the daily rate from the particulars of claim, applied since the date of issue.
Define the role of Section 35A of the Senior Courts Act 1981.
Section 35A of the Senior Courts Act 1981 provides the court with the power to award simple interest on debts due when there is no other provision allowing for interest to accrue.
What is included in the judgment amount for specified claims?
The judgment amount for specified claims includes the claim amount, interest, court fees, and fixed costs.
What must a claimant do within 14 days of receiving notice of an admission?
The claimant must complete a request for judgment and reply to admission form, indicating the judgment amount, including interest, court fees, fixed costs, and any payments made by the defendant.
What is the outcome of the judgment entry process following an admission?
The outcome is that the court will enter judgment for the specified sum as indicated by the claimant, without the need for a hearing.
What can be done if the defendant does not pay the judgment within the specified time?
Enforcement proceedings can be taken against the defendant to secure payment of any sums outstanding after the 14-day period.
What happens to a claim once the judgment is entered and the amount payable is determined?
The claim is effectively concluded.
