Statements of Case Flashcards
What are statements of case?
1) Statements of case are the formal documents where concisely set out the parties’ respective cases
- Served between parties and filed at court
- In a trial, the court will only decide on the issues raised in them
2) The statements of case include:
- Claim form and particulars of claim
- POC used where facts are too complex to include on the claim form alone
- Defence (where case is contested)
- Reply (from C if deemed necessary)
- Counterclaim and defence to the counterclaim
- Requests and responses for further information by either party
3) Solicitor can only include assertions that are properly arguable (where there is some evidential basis behind the argument) - professional conduct guideline
What documents are not classed as statements of case?
Evidential documents such as witness statements or expert reports
Expert reports should only ever be attached to a PoC if they are of critical importance and necessary for a proper understanding of the statement of case (like medical negligence cases)
Broadly, what must the particulars of claim include?
(a) A concise statement of the facts on which the claimant relies. This means that it must outline all the facts giving rise to the dispute, to demonstrate the required elements of the cause of action on which the claim is based.
(b) If the claimant is seeking interest, a statement to that effect and the details
How should numbers be expressed in PoC?
As figures, so ‘100,’ rather than ‘hundred’
For a claim based in breach of contract, what information should be included in the particulars of claim?
(a) Status of the parties – establish relationship between parties and D’s business
- Set out chronological events of what occurred, including pre-contractual matters if relevant (request for sample/pre-contractual statements)
(b) Existence of contract – establish date, type (written/oral), parties, subject matter and consideration
- Attach copy of written contractual documents with POC
(c) Terms – detail the express terms included and implied terms relied on
- Helps to limit the areas of dispute, by establishing what other parts were performed
- Don’t include legal principles or points of law though
(d) Breach alleged and particularised – detail the terms breached and specifically how
- Alleged generally (goods not of satisfactory quality) and then itemised thereafter (binding of books was weak and laminate wrinkled etc)
(e) Factual consequence – detail what happened because of what D did wrong
(f) Damage and loss alleged and particularised – loss alleged generally and itemised thereafter
(g) Interest – court may award interest but only if claimed
(h) Summary of relief – remedies claimed
(i) Statement of truth – claim form or POC must contain a signed statement of truth that its contents are believed to be true
How should interest be claimed within the particulars of claim?
1) Must be referenced in order for the court to award it at all
2) If specified claim, the interest must be precisely calculated as a lump sum for the amount that has accrued from breach of contract up to the date of issue of the proceedings, plus a daily rate so it is easy to provide an updated total
- Only necessary to calculate for claims where money is owed as debt; for general damages, C must simply claim it
3) Debt claims (specified claims)
- Late Payment of Commercial Debts Act
- Contractual provision itself
- Must calculate the interest accrued too
4) Damages (unspecified claims)
- Contractual provision
- County Court Act – court discretion in award
- Senior Courts Act – court discretion in award
What details should be included in the defence?
1) Defence states, for each allegation, whether it is denied, not admitted or admitted
2) Where denied, D states:
- Their reasons for denying the allegation
- Their own version of events if different from C’s
3) Non-admission is made where D has no knowledge of the particular matter alleged
4) C needs to prove the allegations when D denies or does not admit them, but not where D admits an allegation
If an allegation is missed/not in the defence, it is deemed to be accepted
Where a defence such contributory negligence and failure of C to mitigate their loss are alleged, these should be detailed in the defence
What is a counterclaim?
1) A counterclaim is where D alleges, they have their own cause of action against C
- Only relevant where D has actually suffered loss that is attributable to C
- If D has not incurred any loss, they should only file a defence
2) A defence and counterclaim are set in one document, sub-divided into two sections, with defence outlined at the beginning and the counterclaim following
3) No need to include/repeat facts from the defence – simply state which paragraphs are repeated
4) Permission is not required from the court, unless a defence has already been filed
What additional claims might a defendant make in respect of proceedings?
1) D might want to pass the blame, in whole or in part, to a third party
- D may seek full indemnity from the third party or a contribution towards damages they may have to pay to C
2) A claim for an indemnity may arise where there is a contractual relationship between D and the third party, in which the latter is obliged by the terms of a contract to indemnify D if they are found liable for the claim
3) A claim for a contribution can be made where there are joint wrong-doers and D argues that the third party is partly responsible for the harm the claimant has suffered
4) D may make an additional claim against someone not currently party to the proceedings without the court’s permission provided this is done either before or at the same time as they file the defence
What is the purpose of a reply to the defence?
Used if C wants to respond to matters raised in the defence which aren’t covered in the POC
When must a defence to D’s counterclaim be filed?
If C disputes the counterclaim, they must file a defence to the counterclaim within 14 days
If they don’t, D may enter default judgment
When can amendments be made to statements of case before the expiry of the limitation period?
1) After filing but before service
- Amendments may be made any time
2) After filing and service
(i) Only able to amend with:
- The written consent of all parties; or
- The permission of the court
(ii) They consider the overriding objective of dealing with the case justly and at proportionate cost
When can amendments be made to statements of case after the expiry of the limitation period?
After expiry of the limitation period – amendments allowed by court in 3 situations:
(1) To add or substitute a new claim, if this arises out of the same or substantially the same facts as an existing claim
(2) To correct a (genuine) mistake as to the name of a party
(3) To alter the capacity in which a party claims
When might a request for further information be made?
To:
- Clarify any matter that is in dispute
- Give additional information in relation to any such matter
What is the procedure for making a request for further information?
1) Party requesting further information must first serve a written request on the other party, allowing a reasonable time for response
2) A request should be concise and strictly confined to matters that are reasonably necessary and proportionate to enable the applicant to prepare their own case or to understand the case they have to answer
3) Requests must be made as far as possible in a single comprehensive document and not piecemeal. If brief, this may be by letter; if not, the request should be made in a separate document, which must be sent to the other party.
4) Any request must be headed with the name of the court, the title and number of the claim and identify that it is a Part 18 request. The requests should be set out in separate numbered paragraphs, and state the date for a response
What is the procedure for responding to a request for further information?
1) The response must be in writing, dated and signed by the party or their solicitor. It should set out the same information as the request and then give details of the response.
2) The response must be:
- served on all the parties;
- filed with the court; and
- verified by a statement of truth
3) If a request for further information is not responded to, or cannot be complied with, an application may be made to court under Part 18. The court will grant an order if it is satisfied that the request is confined to matters that are reasonably necessary and proportionate to enable the applicant to prepare their case or to understand the case against them
