Statements of Case. Claim forms and particulars of claim Flashcards
Rule 16.1 - Part not to apply where claimant uses Part 8 procedure
This Part does not apply where the claimant uses the procedure set out in Part 8 (alternative procedure for claims).
Rule 16.2 - Contents of the claim form
(1) The claim form must—
(a) contain a concise statement of the nature of the claim;
(b) specify the remedy which the claimant seeks;
(c) contain a statement of value in accordance with rule 16.3, where the claimant is making a claim for money;
(d) contain a statement of the interest accrued on that sum, where the only claim is for a specified sum; and
(e) contain such other matters as may be set out in a practice direction.
(1A1) In a claim to which Part 45 (fixed costs) does not apply, no amount shall be entered on the claim form for the charges of the claimant’s legal representative, but the words
‘to be assessed’
shall be inserted.
(1A) In civil proceedings against the Crown, as defined in rule 66.1(2), the claim form must also contain—
(a) the names of the government departments and officers of the Crown concerned; and
(b) brief details of the circumstances in which it is alleged that the liability of the Crown arose.
(2) If the particulars of claim specified in rule 16.4 are not contained in, or are not served with the claim form, the claimant must state on the claim form that the particulars of claim will follow.
(3) If the claimant is claiming in a representative capacity, the claim form must state what that capacity is.
(4) If the defendant is sued in a representative capacity, the claim form must state what that capacity is.
(5) The court may grant any remedy to which the claimant is entitled, even if that remedy is not specified in the claim form.
(Part 22 requires a claim form to be verified by a statement of truth.)
Rule 16.3 - Statement of value to be included in the claim form
(1) This rule applies where the claimant is making a claim for money.
(2) The claimant must, in the claim form, state—
(a) the amount of money claimed;
(b) that the claimant expects to recover—
(i) not more than £10,000; or
(ii) more than £10,000 but not more than £25,000; or
(iii) more than £25,000 but not more than £100,000; or
(iv) more than £100,000; or
(c) that the claimant cannot say how much is likely to be recovered.
(3) Subject to paragraphs (3A) and (3AA), in a claim for personal injuries, the claimant must also state in the claim form whether the amount which they expect to recover as general damages for pain, suffering and loss of amenity is—
(a) not more than £1,500; or
(b) more than £1,500.
(5) If the claim form is to be issued in the High Court it must, where this rule applies—
(a) state that the claimant expects to recover more than £100,000;
(b) state that some other enactment permits or requires the claim to be brought in the High Court and specify that enactment;
(c) if the claim is for personal injuries, state that the claimant expects to recover £50,000 or more; or
(d) state that the claim is to proceed in one of the specialist High Court lists and state which list.
(7) The statement of value in the claim form does not limit the power of the court to give judgment for an amount which it finds the claimant is entitled to.
Rule 16.4 - Contents of the particulars of claim
(1) Particulars of claim must include—
(a) a concise statement of the facts on which the claimant relies;
(b) if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);
(c) if the claimant is seeking aggravated damages(GL) or exemplary damages(GL), a statement to that effect and the grounds for claiming them;
(d) if the claimant is seeking provisional damages, a statement to that effect and the grounds for claiming them; and
(e) such other matters as may be set out in a practice direction.
(2) If the claimant is seeking interest they must—
(a) state whether they are doing so—
(i) under the terms of a contract;
(ii) under an enactment and, if so, which; or
(iii) on some other basis and, if so, what that basis is; and
(b) if the claim is for a specified amount of money, state—
(i) the percentage rate at which interest is claimed;
(ii) the date from which it is claimed;
(iii) the date to which it is calculated, which must not be later than the date on which the claim form is issued;
(iv) the total amount of interest claimed to the date of calculation; and
(v) the daily rate at which interest accrues after that date.
(Part 22 requires particulars of claim to be verified by a statement of truth.)
Practice Direction 16—Statements of Case
General
1.1
Where special provisions about statements of case apply to particular types of proceedings, Part 16 and this practice direction only apply in so far as consistent with those rules and practice directions.
1.2
Examples of proceedings with special provisions about statements of case include—
(1)media and communications claims
(2)claims for possession ; and
(3)probate claims
1.3
If a statement of case exceptionally exceeds 25 pages (excluding schedules) it must include an appropriate short summary at the start.
PD. 16
The claim form
2.1
The claim form must include an address (including the postcode) at which the claimant lives or carries on business, even if the claimant’s address for service is the business address of their solicitor.
2.2
Where the defendant is an individual, the claimant should (if able to do so) include in the claim form an address (including the postcode) at which the defendant lives or carries on business, even if the defendant’s solicitors have agreed to accept service on the defendant’s behalf.
2.3
If the claim form does not include a full address, including postcode, for all parties the claim form will be issued but retained by the court and not served until the claimant has supplied a full address, including postcode, or the court has dispensed with the requirement to do so. The court will notify the claimant.
2.4
The claim form must be headed with the title of the proceedings, including the full name of each party, where it is known—
(1)for an individual, the full name and title by which the person is known;
(2)for an individual carrying on business other than in their own name, the full name of the individual, the title by which they are known, and the full trading name (for example, Jane Smith “trading as” or “T/as” “JS Autos”);
(3)for a partnership (other than a limited liability partnership (LLP))—
(a)where partners are sued in the name of the partnership, the full name by which the partnership is known, together with the words “(a Firm)”; or
(b)where partners are sued as individuals, the full name of each partner and the title by which each is known;
(4)for a company or limited liability partnership registered in England and Wales, the full registered name, including suffix (plc, Limited, LLP, etc), if any;
(5)for any other company or corporation, the full name by which it is known, including suffix where appropriate.
(For information about how and where a claim may be started see Part 7 and Practice Direction 7A.)
Particulars of claim
3.1
If practicable, the particulars of claim should be set out in the claim form. If not, they may be served with the claim form or later, within the periods specified in rule 7.4 and 7.5.
3.2
Particulars of claim which are not included in the claim form must be verified by a statement of truth, in the form specified in paragraph 2.1 of Practice Direction 22.
Matters which must be included in the particulars of claim in certain types of claim
Personal injury claims
The particulars of claim must contain—
(1)the claimant’s date of birth; and
(2)brief details of the claimant’s personal injuries.
4.2
The claimant must attach to his particulars of claim a schedule of details of any past and future expenses and losses which he claims.
4.3
Where the claimant is relying on evidence from a medical practitioner, the claimant must attach a report from the medical practitioner about the claimant’s personal injuries.
Other matters to be included in particulars of claim
7.1
Where a claim is made for an injunction or declaration relating to any land or the possession, occupation, use or enjoyment of any land the particulars of claim must—
(1)state whether or not the injunction or declaration relates to residential premises, and
(2)identify the land (using a plan where necessary).
7.2
Where a claim is brought to enforce a right to recover possession of goods the particulars of claim must contain a statement showing the value of the goods.
7.3
Where a claim is based upon a written agreement—
(1)a copy (or copies) of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and
(2)any general conditions of sale incorporated in the contract should also be attached (but where the documents are bulky it is acceptable to attach or serve only the relevant parts of the contract or documents).
7.4
Where a claim is based upon an oral agreement, the particulars of claim should set out the contractual words used and state by whom, to whom, when and where they were spoken.
7.5
Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.
7.6
In a claim issued in the High Court relating to a Consumer Credit Agreement, the particulars of claim must contain a statement that the action is not one to which section 141 of the Consumer Credit Act 1974 applies.
Matters which must be specifically set out in the particulars of claim
8.1
A claimant who wishes to rely on evidence—
(1)under section 11 of the Civil Evidence Act 1968 of a conviction of an offence, or
(2)under section 12 of the above-mentioned
Act of a finding or adjudication of adultery or paternity,
must include in the particulars of claim a statement to that effect and give the following details—
(a)the type of conviction, finding or adjudication and its date;
(b)the court or Court-Martial which made the conviction, finding or adjudication; and
(c)the issue in the claim to which it relates.
8.2
The claimant must specifically set out the following matters in the particulars of claim where they wish to rely on them in support of the claim—
(1)any allegation of fraud;
(2)the fact of any illegality;
(3)details of any misrepresentation;
(4)details of all breaches of trust;
(5)notice or knowledge of a fact;
(6)details of unsoundness of mind or undue influence;
(7)details of wilful default; and
(8)any facts relating to a claim for mitigation expenditure.
General
9.1
Where a claim is for a sum of money expressed in a foreign currency it must state—
(1)that the claim is for payment in a specified foreign currency,
(2)why it is for payment in that currency,
(3)the Sterling equivalent of the sum at the date of the claim, and
(4)the source of the exchange rate relied on to calculate the Sterling equivalent.
9.2
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 have come to light a party may seek the court’s permission to amend their statement of case.
9.3
In clinical negligence claims, the words “clinical negligence” should be inserted at the top of every statement of case.
Section 35A.Senior Courts Act 1981 - Power of High Court to award interest on debts and damages
(1) Subject to rules of court, in proceedings (whenever instituted) before the High Court for the recovery of a debt or damages there may be included in any sum for which judgment is given simple interest, at such rate as the court thinks fit or as rules of court may provide, on all or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the period between the date when the cause of action arose and—
(a) in the case of any sum paid before judgment, the date of the payment; and
(b) in the case of the sum for which judgment is given, the date of the judgment.
(2) In relation to a judgment given for damages for personal injuries or death which exceed £200 subsection (1) shall have effect—
(a) with the substitution of “shall be included” for “may be included”; and
(b) with the addition of “unless the court is satisfied that there are special reasons to the contrary” after “given,” where first occurring.
(3) Subject to rules of court, where—
(a) there are proceedings (whenever instituted) before the High Court for the recovery of a debt; and
(b) the defendant pays the whole debt to the plaintiff (otherwise than in pursuance of a judgment in the proceedings),
the defendant shall be liable to pay the plaintiff simple interest at such rate as the court thinks fit or as rules of court may provide on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment.
(4) Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs.
(5) Without prejudice to the generality of section 84, rules of court may provide for a rate of interest by reference to the rate specified in section 17 of the Judgments Act 1838 as that section has effect from time to time or by reference to a rate for which any other enactment provides.
(6) Interest under this section may be calculated at different rates in respect of different periods.
(7) In this section “plaintiff” means the person seeking the debt or damages and “defendant” means the person from whom the plaintiff seeks the debt or damages and “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.
(8) Nothing in this section affects the damages recoverable for the dishonour of a bill of exchange.
Section 69.(County Courts Act 1984) - Power to award interest on debts and damages
(1) Subject to rules of court, in proceedings (whenever instituted) before the county court for the recovery of a debt or damages there may be included in any sum for which judgment is given simple interest, at such rate as the court thinks fit or as may be prescribed, on all or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the period between the date when the cause of action arose and—
(a) in the case of any sum paid before judgment, the date of the payment; and
(b) in the case of the sum for which judgment is given, the date of the judgment.
(2) In relation to a judgment given for damages for personal injuries or death which exceed £200 subsection (1) shall have effect—
(a) with the substitution of “shall be included” for “may be included”; and
(b) with the addition of “unless the court is satisfied that there are special reasons to the contrary” after “given”, where first occurring.
(3) Subject to rules of court, where—
(a) there are proceedings (whenever instituted) before a county court for the recovery of a debt; and
(b) the defendant pays the whole debt to the plaintiff (otherwise than in pursuance of a judgment in the proceedings),
the defendant shall be liable to pay the plaintiff simple interest, at such rate as the court thinks fit or as may be prescribed, on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment.
(4) Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs.
(5) Interest under this section may be calculated at different rates in respect of different periods.
(6) In this section “plaintiff” means the person seeking the debt or damages and “defendant” means the person from whom the plaintiff seeks the debt or damages and “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.
(7) Nothing in this section affects the damages recoverable for the dishonour of a bill of exchange.
(8) In determining whether the amount of any debt or damages exceeds that prescribed by or under any enactment, no account shall be taken of any interest payable by virtue of this section except where express provision to the contrary is made by or under that or any other enactment.
