Statements of Case

Question 1

What are statements of case?

Answer 1

Documents by which:
- a claimant sets out the factual basis of its claim and the relief sought
- and the defendant gives its own position in relation to the alleged facts and alleged entitlement to relief.

EVERY statement of case will be set out in a similar way with a formal case heading at the top and a statement of truth at the end

Question 2

Case Heading

Answer 2

Every statement of case must be headed with the title of proceedings. Title must include:

• Court and/or division in which the claim is proceeding
• the number of proceedings
• the full name of each party
• the party’s status in the proceedings (e.g. claimant/defendant)

Question 3

Rules applicable to all statements of case

Answer 3

Every statement of case must contain:
- numbered paragraphs
- pages numbered consecutively
- all numbers and dates in figures
- reference in the margin to every document mentioned that has already been filed at court
- the name of the person who drafted the document (individual barrister or firm of solicitors); and
- A statement of truth

Question 4

What is a statement of truth?

Answer 4

Every statement of case needs a statement of truth.

Can only be used as evidence in proceedings only if verified by a statement of truth.

• formal way to confirm that they believe that the document is true
• if untrue then proceedings for contempt of court may be brought against the person signing.
• can lead to sanctions within the proceedings, fines and/or imprisonment in serious cases

Question 5

Statement of truth example

Answer 5

Individual:
I believe that the facts stated in this claim form are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief.

Company:
The defendant believes that the facts stated in this defence are true. I am duly authorised by the defendant to sign this statement. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief.

• belief it is true
• (authorised to sign)
• contempt of court

Question 6

Purpose of the claim form

Answer 6

Document used to commence proceedings and to set out key elements of the claim, in particular the identity of the parties.

First statement of case and is prepared by the claimant.

Question 7

Structure of the claim form

Answer 7

Usually on Form n1 which dictates the structure and guides the content.

Question 8

Claim form: parties

Answer 8

Must contain the names of the parties and their addresses. Parties must be referred to in a particular way.

If claiming or being sued in a representative capacity - claim form must state what that capacity is.

Individual: Fred Michael Flagstone

Sole Trader: Fred Michael Flagstone (trading as Fred’s Cafe)

Partnership:
- individuals: (1) Fred Michael Flag Stone (2) William Aaron Rouble
- in name of partnership: Flagstones (a firm)

Company: Rock Limited

LLP: Rock LLP

Trust: Trustees of the ABC Trust or John Smith in his capacity as trustee of ABC Trust

Deceased person:
- where grant of rep has been granted: Jane Smith as executor of John Smith
- where no grant yet: The personal representatives of John Smith deceased.

Question 9

Claim form: addresses

Answer 9

The parties addresses are the addresses for service but the claimant must also indicate an address where it resides or carries on business if different

Question 10

Claim form contents: details of the claim

Answer 10

• A concise statement of the nature of the claim: very brief summary of the type of claim. This statement is not to be confused with the particulars of claim which must either be set out later in the claim form or separate document
• Remedy sought: although required, the court has the power to grant any remedy to which the claimant is entitled. It is not necessary to expressly include a claim for costs.

Question 11

Claim form: value of the claim

Answer 11

Where the claimant is making a claim for money the claim form must include a statement of the amount claimed. Statement of value can be set out three ways:

i. Where the amount of the claim is specified the statement of value can simply state this amount; or

ii. Where the amount of the claim is for an unspecified amount (claim in tort for damages) then the claim form can can either have:

• a statement saying: ‘The claimant expects to recover less than £10,000, between £10,000 and £25,000 or more than £25,000; or
• A statement saying ‘I cannot say how much i expect to recover’

PI: must state if PSLA is or is not more than £1,500.

Note: the court’s power is not limited by the statement of value - can give whatever they see fit.

If in high court: state that the claimant expects to recover more than £100,000

Question 12

Claim form: PoC

Answer 12

Particulars of claim are usually contained in a separate document but they can be included in the claim form there they are relatively concise which is likely in a case such as a simple debt claim.

Question 13

Purpose of particulars of claim

Answer 13

Set out the claimant’s case in full detail as opposed to the brief statement on the front of the claim form.

This will be the claimant’s main statement of case and will be referred to by the court and all parties as such when identifying the basis of the claimant’s claim.

Question 14

Particulars of claim - general contents

Answer 14

Must include a concise statement of the facts on which the claimant relies and must cover the essential elements of the claimant’s cause of action.

Must therefore set out all material facts and allegation which would entitle the claimant to the remedy it seeks as a matter of law. + should set out any facts that tell the story and assist the reader in understanding the case.

This means that the PoC will need to articulate the material facts and allegations showing duty owed by the defendant to the claimant, there was a breach of that duty and that the breach caused recoverable loss.
Duty, Breach, Causation and Loss

NOT purpose to set out law, evidence or arguments

Question 15

Particulars of Claim - specifics

Answer 15

• should set out any claim for aggravated damages, exemplary damages and/or provisional damages, giving the grounds for claiming them.
• PI: include claimants DOB, details of injuries and attach schedule of past and future losses and the report of any expert medical practitioner which is relied on
• A claim in relation to the possession, occupation, use or enjoyment of land or for an injunction or declaration in relation to land must id the land and make clear whether it includes residential premises.

Question 16

Particulars of claim: agreements

Answer 16

Written agreement: attach

Oral agreement: should set out words spoken by whom, to whom, when and where

Agreement by conduct: particulars should set out the conduct relied on and state by whom, when and where acts were done

Question 17

Particulars of claim: interest

Answer 17

Claimant has right to claim interest to compensate delay in payment. Must make a statement to the effect that the claimant does seek interest and give details

Legal basis for claiming interest:
- set out contract between parties
- statutory right (s35A senior courts Act 1981 in High court and section 69 County Courts Act 1984 in the County Court)

Two ways of setting out the paragraphs claiming interest:
- calculating interest exactly
- pleading interest generally

Question 18

Exact calculation of interest

Answer 18

Only used where making a specified claim (debt or specified/liquidated damages claim).
Would need to set out:
- applicable percentage rate
- dates from/to which interest is being claimed
- the total amount claimed up to the issue of the claim form; and
- the daily rate of interest thereafter

Question 19

Pleading interest generally

Answer 19

Method used if pursing an unspecified claim i.e. where the court has some decision to make on the amount of damages because the parties do not agree the amount. Some types of damage automatically fall into this category.
- loss of goodwill or damage to reputation
- loss of future earnings or profits
- damages where remoteness, foreseeability, and/or mitigation is an issue

Question 20

‘Hybrid claims’ part specified/unspecified

Answer 20

Choice: treat the two claims separately and have specified and unspecified interest
OR
may say two claims come to a total which is an unspecified claim and therefore treat the whole claim as an unspecified claim

Question 21

Statutory interest

Answer 21

• court has discretion whether to award interest, how much.
• PI claims: damages over £200 - some interest must be awarded unless special reasons for not doing so
• Debt claims: defendant pays the whole amount during the proceedings - some interest must be awarded but the amount is in the court’s discretion

Question 22

Structure of the particulars of claim

Answer 22

• start by introducing each party to help the court understand the context
  (at all material times the claimant was a professional equities investor and the defendant was a firm of solicitors)
• set out the relevant duty, including any necessary background information
  (by a contract dated 24 October 2019, the Claimant and the Defendant agreed that the Claimant would sell to the Defendant computers for the price of £200,000)
• specify the breach
  (In breach of the express term of the contract referred to in paragraph 4 above, the Defendant did not pay)
• Plead causation
  (As a result of the breach referred to in paragraph 5 above, the Claimant has suffered loss)
• Set out loss
  (The claimant claims the sum of £200,000)

Question 23

Particulars of Claim: summary of relief/prayer

Answer 23

Before formalities such as the name of the firm of solcitors or barrister drafting the PoC and the statement of truth, the PoC closes with a summary of the remedies sought by the claimant - referred to as the ‘prayer’.

e.g.

AND THE CLAIMANT CLAIMS:
(i) damages under paragraph 13 above; and
(ii) interest under paragraph 14 above.

Question 24

What is the purpose of the defence?

Answer 24

• react to every point or allegation in the claimant’s particulars of claim; and
• state full details of the defendant’s own case

Each allegation in the PoC will be dealt with individually

Question 25

General contents of the defence

Answer 25

• response to PoC, so the structure follows how the claimant has pleaded its claim with any additional defence points where appropriate
• Must include defendant’s address for service in the jurisdiction and indicate where the defendant resides and carries on business if not in claim form

Defendant can so one of three things for each allegation made by the claimant:
- Admit the allegation
- Deny the allegation
- Require proof of the allegation

Question 26

Defence: admitting allegation

Answer 26

• If the defendant admits the allegation, the claimant does not have to bring any further evidence in support of it.

A party should admit anything that is not disputed or non-controversial in order to narrow the issues and save costs and time. There can be costs consequences of not admitting something when you should have done so.

Question 27

Defence: denying the allegation

Answer 27

Denials are used to dispute facts which if they had occurred would have been within the defendant’s knowledge.

If denies an allegation it must give reasons.

If it wishes to put forward a different version of events it must state its version in the defence. It is not acceptable to make a ‘bare denial’ without giving reasons.

A denial will have the effect the claimant will have to prove the allegation.

Question 28

Defence: requiring proof

Answer 28

A defendant can require proof it is unable to admit or deny the allegation because the fact that is alleged is something about which the defendant does not know.

Easiest way to think about it is: what direct knowledge of the facts alleged your client could have had?

Question 29

What happens if you fail to deal with an allegation in the defence?

Answer 29

Important to make sure that every allegation in the PoC is dealt with in the defence.

If fail:
- deemed to admit the allegation made by the claimant unless it has sent out its own case in respect of that allegation
- exception: money claim - it will always be understood that the amount claimed is not admitted unless the defendant specifically admits it.

Question 30

Defence: specific requirements

Answer 30

Limitation period expired (as defence): defendant must state date on which the limitation period expired

Disputing statement of value: must state why and what it estimates the value to be

Personal injury claims: must state agree, disagree, no knowledge of schedule of past and future expenses and losses and any medical report included with the particulars, giving reasons, own counter-schedule and (if relied on) medical evidence

Question 31

Defence: matters to do with mitigation or reduction of damages

Answer 31

Set-off: D may claim owed money by claimant and may wish to rely on this as part of the defence

Other defences:
- must also specifically set out any matter which is a defence to the claim or raises issues of fact not included in the claim

If making counterclaim: defence and counterclaim should normally form one documents with the counterclaim following on from the defence

Question 32

Defence: structure

Answer 32

• If the claimant used any defined terms in the PoC it is usual to open the defence by adopting these so consistent terminology can be used throughout the statements of case.
  (The definitions used in the Particulars of Claim are adopted.)
• First paragraph of the PoC is usually the introduction of each party. This should not be controversial and therefore can usually be admitted in the defence.
  (Paragraph 1 of the Particulars of Claim is admitted)
• The allegations in the particulars of claim will be admitted, denied or put to proof
  (Paragraph 6 of the PoC is denied [a reason and alternative version would be given].
  The claimant is required to prove Paragraph 7 of the PoC.)
• At or near the end of defence a paragraph often referred to as a ‘general denial’ is often included. This denies the entitlement of the claim to the sum or any party of the sum, being claimed.
  (In the circumstances, it is denied that the Claimant is entitled to the amount claimed or any amount)

Question 33

Purpose of a reply

Answer 33

An optional statement of case served by the claimant.

Its purpose is to allege facts in answer to the defence which were not included in the claim - the contents will therefore be factual allegations which answer ‘new’ points raised in defence. No particular structure.

Question 34

When to file a reply?

Answer 34

If there is a reply it should be filed with the directions questionnaire.

Time limit may be different in some specialist proceedings.

The reply should be the last statement of case in a claim and permission of the court is needed to file any statement of case after the reply.