Statements Of Case Flashcards
What does the statement of case consists of?
Claim form, particulars of claim and the defence.
Counter claim is separate.
What is an indemnity claim?
Contractual relationship between defendant and third party, in which the third party is obliged by the terms of the contract to indemnify the defendant if they are found liable for the claim.
What is a contribution claim?
There are joint wrong doers and the defendant argues that the third party is partly responsible for the harm the claimant has suffered.
When can you amend a statement of case?
(A) after filing but before service.
(B) after filing or service - amendments can be made with written consent of all the parties or permission of the court.
In what circumstances may a court allow an amendment to a statement of case, even when the limitation period has ended?
(A) to add/substitute a new claim - if it arises out of the same facts as the 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.
What is a part 18 request and how should it be set out?
Request for further information.
Request should be set out in separate numbered paragraphs and state the date for the response.
Response must be served on all parties, filed with the court and verified by a statement of truth.
How should the claimant set out their claim for interest, for unspecified and specified claims?
(A) unspecified - its entitlement to interest, but need not to calculate the amount owing.
(B) specified - e.g. claim for money owing in debt - claimant must calculate both the amount of interest which has accrued and the daily rate of interest that will continue to accrue.
