Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Civil Litigation > Statements of Case > Flashcards

Statements of Case Flashcards

1
Q

What is a statement of case?

A

Umbrella term for claim form, particulars, etc.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Which statements of case should be verified by a statement of truth?

A

All of them.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What happens if a statement of case doesn’t contain a statement of truth?

A

Remains effective unless struck out

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Consequences of signing a false statement of truth

A

This is potentially contempt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Special rule for clinical negligence statements of case

A

Must have ‘clinical negligence’ at the top

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What must be included in a claim form?

A

Concise statement of nature of claim
Remedy sought
For money claims, a statement of value
For a specified sum, the interest already accrued

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What must a statement of value contain, generally?

A

Amount of money claimed.
That C expects to recover not more than 10,000, more than 10,000 but not more than 25,000, or more than 25,000, or that the claimant cannot say how much is likely to be recovered.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What must a statement of value contain when it is a PI claim?

A

Whether the amount they expect to recover as general damages for pain, suffering and loss of amenity is not more than 1000 or more than 1000.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What must a statement of value contain in a claim by a tenant of residential premises against the landlord?

A

Where the tenant is seeking an order for the landlord to carry out repairs, whether the estimated cost of the repairs is more or less than 1000 and whether the value of any other claim for damages is more or less than 1000.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What must a statement of value contain in a claim to be issued in the High Court?

A

Must state that C expects to recover 100,000 (or 50,000 or more in PI), or that some other enactment provides it should be commenced in HC or the claim is to be in one of the specialist HC lists.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

In calculating the statement of value, must disregard

A 
Interest
Costs
Contributory negligence
Counterclaim or set off
Recovery of benefits
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Does the statement of value limit the court in relation to how much it can award?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Can the court grant a remedy to the claimant if it is not on the claim form?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What must/may be included in particulars of claim?

A

Concise statement of the facts on which the claimant relies: Must not plead evidence or law. Must set out all the elements of the cause of action and all material particulars

As a matter of practice, well-drafted PoC include fact-specific particulars of negligence/breach of contract, and particulars of loss/damage.

May give the names of witnesses they propose to call (but not their evidence).

May refer to any point of law but not argue the point.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Specific requirements for PoC when interest claimed

A

Statement that interest is claimed
Whether it is claimed under the terms of a contract or pursuant to a statute or on some other stated basis
If claim is for a specified sum, then:
Percentage rate of interest claimed
Date from when claimed
Date to which calculated (up to issue of claim form)
Total interest to date of issue
Continuing interest at a stated daily rate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Specific requirements for PoC when damages claimed

A

Must specifically include any claim for aggravated, exemplary, or provisional damages (claim that there is a chance that in the future D will develop some serious disease or suffer some serious deterioration). In the case of the latter, must specify disease or type of deterioration.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Specific requirements for PoC in PI claims

A

C’s date of birth
Brief details of C’s injuries
Schedule of past and future expenses and losses
Medical report about C’s injuries (can serve this separately)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Specific requirements for PoC in contract claims

A

If based on a written agreement, a copy of the contract or the documents constituting the agreement should be attached (can serve this separately)
General conditions of sale incorporated into the contract should be attached
If based on conduct, the conduct, by whom, when, and where should be specified
If based on oral agreement, set out contractual words used, by whom and to whom, when and where
If contract is in foreign currency, the sterling equivalent and the source of the exchange rate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Specific requirements for PoC in injunction claims in relation to land

A

Identify the land, by reference to a plan where necessary, and state if it is residential

20
Q

Specific requirements for PoC in injunction claims in claims for possession of goods

A

Statement of the value of the goods

21
Q

Will court strike out for failing to give specific particulars of negligence?

A

Court will be slow to strike out for failing to give sufficient particulars of negligence, but it may be appropriate.

22
Q

Particulars must be provided in any statement of case (not just PoC) in cases of

A 
Fraud
Illegality
Misrepresentation
Breach of trust
Notice or knowledge of any fact
Unsoundness of mind or undue influence
Wilful default
Mitigation of loss
23
Q

Civil Evidence Act

A

A claimant who wishes to rely on evidence under s.11 Civil Evidence Act of a conviction or offence or s.12 Civil Evidence Act of a finding or adjudication of adultery or paternity must include in his particulars of claim a statement to that effect, and give the following details:
Type of conviction, finding or adjudication and date
Court which made conviction, finding or adjudication
The issue in the claim to which it relates

24
Q

What must D do after receiving PoC (time limits)?

A

Must respond in some way within 14 days. If not in position to file and serve defence within 14 days, can file an acknowledgement of service first and then a full defence. If acknowledgement fo service filed, 28 days from the deemed date of service of particulars of claim to file and serve defence. If needs more than 28 days, other side can agree a further period of up to 28 days. D must notify the court in writing of such an agreement.

25
Q

What happens if D fails to respond to PoC? When will the claim be stayed?

A

Could result in judgment being entered against D without any reference to him, under Part 12. If C has not entered or applied for judgment under Part 12, AND 6 months elapse from the end of the period for filing a defence, the claim will be stayed. Any party may apply to lift the stay.

26
Q

As well as not being able to file a defence in time, when else might D file an acknowledgement of service?

A

If he wants to dispute the jurisdiction of the court.

27
Q

What happens if defence asserts the sum claimed has already been paid?

A

Court sends a notice to the claimant requiring the claimant to state in writing whether they wish to proceed with the claim. If claimant fails to respond to the court’s notice, after 28 days the claim will be stayed.

28
Q

Which parts of PoC must be responded to?

A

Every part of the PoC must be responded to, other than interest paragraph and prayer.

29
Q

What must D state in his defence?

A

Which allegations he denies. When he denies an allegation, he must state reasons and if he intends to put forward a different version of events he must state his own version
Which he is unable to admit or deny but requires C to prove
Which he admits

30
Q

What if D fails to deal with an allegation in his defence?

A

A D who fails to deal with an allegation but has set out in his defence the nature of his case in relation to the issue to which that allegation is relevant shall be taken to require that allegation to be proved. Where the claim includes a money claim, D shall be taken to require any allegation relating to the amount of money claimed to be proved unless he admits it. Subject to these two points, a defendant who fails to deal with an allegation shall be taken to admit it.

31
Q

What must D do if he disputes C’s statement of value?

A

State why he disputes it and, If he is able, give his own statement of value

32
Q

What must D do if he is defending in a representative capacity?

A

State what that capacity is

33
Q

What must D do if he has not filed an acknowledgement of service?

A

Give an address for service

34
Q

Can ‘requirement to prove’ be used tactically?

A

No: Ciccone v Associated Newspapers: Was alleged D knowingly and deliberately infringed certain copyrights. If a party can plead to an allegation they should, it is inappropriate to make a non-admission for an allegation like this one where D must have personal knowledge. It must either be admitted or denied with reasons.

35
Q

What if a paragraph in a statement of case sets up a contention followed by a number of sub-paragraphs each containing allegations of fact?

A

A general response to the main allegation without responding to the sub-points may be inadequate, depending on the circumstances and how important the allegations are.

36
Q

What must a defendant who is an individual provide?

A

DOB

37
Q

What if D is alleging expiry of limitation period?

A

Must give details

38
Q

What must be included in defence in PI cases?

A

D must respond to the medical report by admitting, requiring to prove, or denial
Attach D’s rival medical report
Respond to schedule of loss and damage and attach a counter-schedule

39
Q

Defence of tender

A

This is a defence that, before C started proceedings, D unconditionally offered to the claimant the amount due or, if no specified amount is claimed, an amount sufficient to satisfy the claim
When D wishes to rely on defence of tender, he must make a payment to the court of the amount he said was tendered.
If D does not make the payment, the defence of tender before claim will not be available to him until he does so

40
Q

Counterclaims

A

D must include same elements as if it were a PoC. C will need to respond to counterclaim in a defence to counterclaim or judgment can be entered against them on the counterclaim. Counterclaim and defence should be in one document.

41
Q

What if counterclaim amounts to a set off?

A

This is where D contends he is entitled to money from C and relies on this as a defence to the whole or part of the claim. In this case, short, standard paragraph included in the defence saying D relies on the counterclaim to extinguish or reduce the claim.

42
Q

What is a reply?

A

This is an optional statement of case in which C may respond to D’s defence.

43
Q

What if a claimant doesn’t file a reply?

A

Shall not be taken to admit the matters raised in the defence.

44
Q

What if a claimant files a reply but fails to deal with a matter?

A

They shall be taken to require that matter to be proved.

45
Q

What if C serves a reply and defence to counterclaim?

A

If C serves a reply and defence to counterclaim, these two things should normally form one document with the defence to counterclaim following on from the reply.

46
Q

Contradictory/inconsistent allegations

A

A subsequent statement of case must not contradict or be inconsistent with an earlier one. For example, a reply to a defence must not bring in a new claim. Where new matters come to light, should seek court’s permission to amend the statement of case.

47
Q

Statements of case after a reply

A

Rejoinder, Surrejoinder, Rebutter

No statement of case after a reply may be used without the court’s permission.

Civil Litigation (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions