Statements of Case

Question 1

What’s the main purpose of statements of case?

Answer 1

To define the facts in issue as at trial a party cannot allege to rely on facts which have not been set out in the statements of case

Question 2

CPR r2.3(1)

Answer 2

Defines the statement of case as the claim form, PofC, defence, reply, additional Part 20 claim and further information under Part 18

Question 3

List of roles of statements of case (4)

Answer 3

To further the overriding objective, provide an outline, provide clarification, set out factual details, identify legal requirements

Question 4

What should the outline be limited to?

Answer 4

A party’s case on liability, causation and quantum

Question 5

What has to be included on every statement of case?

Answer 5

A statement of truth

Question 6

By signing a statement of truth-

Answer 6

The document is deemed to be verified

Question 7

Where are statements of truth required?

Answer 7

Statements of case, applications, damages schedules, experts’ reports, certificates of service and witness statements

Question 8

Rule 22.1

Answer 8

The SoT must be signed by the party/litigation friend or the legal representative

Question 9

Witness statements must be signed by-

Answer 9

Their makers

Question 10

When a statement of truth is signed by a representative-

Answer 10

It must be signed by them personally in their own name and not that of firm or employer (although name of firm given)

Question 11

In cases of companies, the statement of truth must be signed by-

Answer 11

A senior member giving that person’s position in the company

Question 12

In cases of partnerships, the statement of truth must be signed by-

Answer 12

Any partner or person having the control or management of the business

Question 13

Any document containing a statement of truth-

Answer 13

May be used as evidence

Question 14

If a party signs a statement of truth knowing that the facts are false-

Answer 14

They are guilty of contempt of court

Question 15

If there is no signed statement of truth on a statement of case-

Answer 15

It will remain effective until struck out but the party putting it forward may not rely on it as evidence in support of an application

Question 16

What do PofC do?

Answer 16

Set out the cause of action relied upon by the claimant and the remedies sought

Question 17

Where should exemplary/aggravated damages be pleaded?

Answer 17

PofC

Question 18

In PI cases, the PofC must also include (4)

Answer 18

The claimant’s DOB, brief details of PI incurred, a schedule of part and future loss and expenses, a medical report

Question 19

Provisional damages

Answer 19

When these are claimed, the court assesses damages on the basis that there will not be a future deterioration but the judgment provides that in the future, if the situation changes, the claimant may apply for a further award of damages, need to be specifically pleaded

Question 20

Where a breach of contract claim is based on a written agreement, the PofC should attach-

Answer 20

A copy of the contract or documents constituting the agreement and any general conditions of sale incorporated in the contract (if bulky just parts)

Question 21

PofC in RTA

Answer 21

1. Parties 2. Facts 3. Particulars of negligence 4. Particulars of loss 5. Claim for interest 6. Prayer 7. Statement of truth 8. Date, author and address for service

Question 22

PofC in breach of statutory duty

Answer 22

1. Parties 2. Relationship of employer/employee and application of any relevant statutory provisions 3. Details of accident 4. Particulars of negligence (again citing provisions) 5. Particulars of loss 6. Claim for interest 7. Prayer 8. Statement of truth 9. Date, author and address for service

Question 23

PofC in contract

Answer 23

1. Parties 2. Contract 3. Express terms breached 4. Implied terms breached 5. Performance or purported performance of contract 6. The breaches relied upon 7. Particulars of loss 8. Interest 9. Prayer 10. Statement of truth 11. Date, author and address for service

Question 24

PofC in debt

Answer 24

1. Nature of goods sold and delivered, date of delivery, any invoice details and price 2. The facts that goods not paid for 3. Interest 4. Prayer 5. Statement of truth

Question 25

How can a party seek clarification of any aspect of a claim?

Answer 25

Yes, by making a request for further information under Part 18

Question 26

What should be done before making an official Part 18 request?

Answer 26

A direct written request should be made allowing the other party a reasonable time in which to respond

Question 27

If a party made a Part 18 application and the other party simply ignored the written request, can this be dealt with without a hearing?

Answer 27

Yes

Question 28

What criteria will the court apply in considering whether to make an order under Part 18?

Answer 28

Whether the requests are reasonably necessary and proportionate to enable the requesting party to prepare their case or to understand the other party’s case

Question 29

The reply to a Part 18 request must contain-

Answer 29

A statement of truth

Question 30

Contents of a request for further information (5)

Answer 30

Headed with action title and number; state that it is under Part 18; identify the parties; set out each request referring to parts of statement of a case; set out a deadline

Question 31

Grounds for objection to Part 18 request (5)

Answer 31

Unnecessary, irrelevant or improper; the responding party is unable to provide the information; insufficient time to reply; request can only be complied with with an expense that is disproportionate; privilege

Question 32

If an application is made and the court orders further information or clarification-

Answer 32

A summary assessment of the costs of the application will usually also be made

Question 33

Part 19

Answer 33

Deals with removing, adding and substituting parties in existing proceedings either on the court’s own initiative or on the application of an existing party or a person who wishes to become a party

Question 34

Any application to add or substitute a party must-

Answer 34

Be supported by evidence explaining why the change is required

Question 35

Under r19.2, the court can order a person to be added as a new party if-

Answer 35

It is desirable to do so so that the court can resolve all the matters in dispute or there is an issue involving the new party and an existing party which is connected to the matters in dispute and it is desirable to do so so that the court can resolve the issue

Question 36

Under r19.2, the court can order a new party to be substituted as an existing party if-

Answer 36

The existing party’s interest or liability has passed to the new party and it is desirable to substitute the new party so that the court can resolve the matters in dispute in the proceedings

Question 37

When limitation has passed, the court will only add or substitute a party to the proceedings if-

Answer 37

The proceedings started within the limitation period and it is necessary

Question 38

What does Part 17 deal with?

Answer 38

Amendments to statements of case other than those involve amending a party

Question 39

What’s the general rule as regards amendments of a case?

Answer 39

They may be made without obtaining permission at any time before service

Question 40

If a statement of case has been served, a party can only amend-

Answer 40

With written consent of all parties or with permission of the court

Question 41

Even where an amendment under Part 17 has been made without needing court’s permission-

Answer 41

The court has a power under r17.2 to disallow the change if it is one that it would not have permitted had the parties applied to amend

Question 42

How do you apply for amendment of a statement of a case?

Answer 42

File an application notice and a copy of the statement of case with the proposed amendments

Question 43

How is an application to amend a statement of a case dealt with?

Answer 43

At a hearing or, where all parties consent, on written submissions only