STATEMENTS OF CASE (general) Flashcards
What is a statement of case?
document setting out the BASIS OF A PARTY’S CLAIM AGAINST OTHER PARTIES in the action
Purpose of statement of case
set out FACTS RELIED ON and FACTUAL ALLEGATIONS made in support of that party’s case
- inform parties of each other’s cases
- enables parties/court to identify points of dispute (case proceed smoothly to trial/settlement)
- provides judge with concise statement of each party’s case
PURPOSE IS NOT to set out law, evidence, or arguments
- law argued by advocate in his/her submissions
- evidence provided later
main statements of case
CF
POC
DEFENCE
COUNTERCLAIM
can only be used as evidence if verified by statement of truth
main contents of a statement of case
All MATERIAL FACTS AND ALLEGATIONS necessary to establish party’s case (i.e. C’s cause of action, D’s defence) - otherwise, case is liable to be struck out
SUFFICIENT BACKGROUND FACTS to enable the reader to understand the factual basis of the claim or defence
EACH statement of case must contain
- Heading
- Numbered paragraphs
- pages numbered consecutively
- all numbers and dates in figures
- ref to every doc mentioned already filed (in margin)
- name of person who drafted doc (individual barrister/firm of solicitors - 5A PD 2.1)
- Statement of truth
heading of statement of case
title of proceedings stating:
- number of proceedings
- court and/or division in which they are proceeding
- full name of each party
- party’s status (C/D)
REDRAFTING statements of case
ONE - format at start and end
TWO - typos
THREE - errors in facts
FOUR - content
professional conduct issues - what if client isn’t telling truth?
O(5.1)
O(5.2)
O(5.4)
O(5.5)
IB(5.5) - refuse to continue to act unless client agrees to disclose truth to court
IB(5.7) - do not construct facts/draft documents containing any contention which you do not consider properly arguable
