Statements of Case Flashcards
What should the claim form contain?
Statement of the nature of the claim
the remedy sought
statement of value
statement of interest
Address of claimant
Address of defendant (if possible)
What should the statement of value on a claim form entail?
It should state the amount claimed.
It should state whether the claimant expects to recover:
not more than £10,000, but less than £25,000
not more than £25,000 but less than 100,000
more than £100,000
or they don’t know
If the claim involves PI, what should the statement of value on the claim form entail?
A statement about whether the claimant expects to recover:
not more than £1,500 or
more than £1,500
for general damages for pain suffering and loss of amenity
What should a claim form issued in the high court include?
It should state that the claimant expects to recover more than £100,000 (or £50,000 for PI)
Or state the enactment that justifies the claim being bought in the High Court
It should state which list of the high court the claim should proceed on
What should be excluded when calculating the value of the claim?
Interest
Counterclaims
Set offs
contributory negligence
costs
What must the particulars of claim include?
A concise statement of the facts
A statement if they are seeking interest
A statement if they are seeking aggravated or exemplary damages
A statement if they are seeking exemplary damages
Statement of truth
What must the statement stating that interest is being claimed involve on a particulars of claim?
What justifies the interest (contract, or enactment)
The rate at which interest is claimed
The date from which it is claimed
The date to which it is calculated, which must not be later than the date the claim form is issued
Total amount claimed to date of calculation
Daily rate thereafter
What should particulars of claim in a PI case include?
DoB
Details of injury
Schedule of past and future expenses and losses claimed
Medical report, if relied upon
Under what conditions should an acknowledgment of service be filed?
When D is unable to file a defence in 14 days
Or when jurisdiction is disputed
What is the consequence of not filing an acknowledgment of service when required?
Default judgment can be found against you
What is the time period for the filing of an acknowledgment of service
14 days from the service of the particulars of claim
What is the consequence of not filing a defence?
Default judgment can be entered against you
What is the general rule for the time-limit for filing a defence?
14 days from service of particulars of claim or
28 days from service of particulars of claim if an acknowledgment of service is filed in 14 days.
Can the Claimant and Defendant extend the period for filing a defence by consent?
Yes - but only up to 28 days
If they do so, D must write to the court to inform them
Who must the defence be served on?
Every other party
If D wishes to counterclaim, what form should the defence and counterclaim take?
One doc. Defence followed by counterclaim
How should a reply to a defence be filed?
with a directions questionnaire
Should form on doc with a defence to counterclaim
When does is court’s permission needed to file further statements of case?
After a reply to the defence has been filed
What is the procedure if the defence to a claim for money is that it has been paid?
The court will write to the claimant and ask if they wish to continue the claim
The claimant’s response will be served on D at the same time it is filed
If C does not respond in 28 days the claim will be stayed
When will a claim be stayed if there has been no admission or defence?
If 6 months have expired since the period for filing a defence and:
no D has filed an admission, defence or counterclaim
no party has entered or applied for summary or default judgment
no D has applied to strike out all or part of the claim for or particulars of claim
Can be lifted by application under part 23, but must explain delay in filing defence.
What are the three possible responses in a defence
Denied
Required to prove
Admitted
What should be included if an allegation is denied?
The reasons for doing so
Their version of events
What happens if an allegation is not dealt with?
It is admitted
Unless the defence is such that it makes clear the nature of the case in relation to the issue not dealt with -> then C is required to prove
What is a set-off?
Where D contends they are entitled to money from C and relies upon this as a defence to all or part of the claim this can be included as a defence as a set off (regardless of whether it is an additional claim)
