Statements of Case I

Question 1

What is a statement of case?

Answer 1

Claimant sets out factual basis of its claim and relief sought. Defendant gives own position in relation ot alleged facts and entitlement.

Question 2

What is a formal amendment?

Answer 2

If statement of case does not comply with necessary content requirements. This will often require the input of the court, giving permission, and will have a knock on impact on other statements of case, which will also require amendment by the other parties. May be costs consequences and tactical disadvantages.

Question 3

Heading of statement of case

Question 4

How statement of case should be presented

Answer 4

• Numbered paragraphs; • Pages numbered consecutively; • All numbers and dates in figures • Reference in the margin to every document mentioned that has already been filed at court; • The name of the person who drafted the document • A statement of truth

Question 5

Statement of truth

Answer 5

Formal way of person signing confirming that they believe that the document is true. If document turns out to be false and the person signing did not have an honest belief that the statement was true, may be in contempt of court.

Question 6

How company signs statement of truth

Answer 6

The defendant believes that the facts stated in this defence are true. I am duly authorised by the defendant to sign this statement

Question 7

What is the claim form in relation to statement of case

Answer 7

The first statement of case. Usually on form N1.

Question 8

What should the claim form include?

Answer 8

Names of parties and addresses. Referred to in correct way. The parties’ addresses are the addresses for service, but the claimant must also indicate an address where it resides or carries on business, if different

Question 9

Claim details in claim form

Answer 9

Brief details of claim. • A concise statement of the nature of the claim. • The remedy sought by the claimant. It is not necessary to expressly include a claim for costs (CPR 16.2).

Question 10

Value of claim form

Answer 10

a) Specified - state b) Unspecified - state range If PI, must say if expects to recover more than £1000 If issuing in High Court, must reference More likely to be unspecified if complex, not just e.g. invoice

Question 11

High Court jurisdictional endorsement

Answer 11

Claim form must: • state that the claimant expects to recover more than £100,000 or £50,000 depending • state that some other enactment provides that the claim may be commenced only in the High Court and specify that enactment; • state that the claim is to be in one of the specialist High Court lists and state which list.

Question 12

Particulars of case, in relation to statement of case

Answer 12

This is the main statement of case which will be referred to by the court Must include: - Concise statement of facts - Cover all essential elements of claimant’s cause Material and background facts. Should show duty, breach, cause and loss It is not the purpose of particulars of claim to set out law, evidence or arguments.

Question 13

Specific things concerning particulars of claim

Answer 13

• Set out any claims for aggravated damages, exemplary damages, and/or provisional damages - In PI claims, particulars should include claimant’s DOB, details of injuries, schedule of past/ future expenses, report of any expert medical practitioner - Claim in relation to possession, occupation, use or enjoyment of land, injunction or declaration in relation to land - identify land - Attach written agreement or words of oral agreement or conduct facts

Question 14

Particualrs of claim: Interest

Answer 14

Right to claim interest in principal amount. Legal basis either in: - Contract - Statute (s 35A Senior Courts Act 1981 in the High Court and s 69 County Courts Act 1984 in the County Court)

Question 15

How to calculate interest

Answer 15

Per day then times for period Or for unspecified claim, then plead interest generally For hybrid claims, then you can treat separately or come to unspecified total

Question 16

Statutory interest claims rules

Answer 16

Court has discrection as to whether to award interest, and how much, from date cause of action accrued until judgment or payment, if before In personal injury claims where damages over £200 are awarded, some interest must be awarded unless there are special reasons for not doing so, but the amount is still in the court’s discretion. In debt claims, if the defendant pays the whole debt during the proceedings, some interest must be awarded, but the amount is still in the court’s discretion.

Question 17

Particulars of claim structure

Answer 17

Duty, breach, causation, loss Particulars of claim close with summary of remides = prayer

Question 18

Purpose of defence

Answer 18

• React to every point or allegation in the claimant’s particulars of claim; and • State full details of the defendant’s own case. Each allegation in the particulars of claim must be dealt with individually.

Question 19

What must a defence include?

Answer 19

• Address for service - Indicate where defendant resides or carries on business - Address each allegation…

Question 20

What else could a defence include?

Answer 20

Limitation - if limitation period is deemed to have expired Disputing statement of value, and say why and their own estimate In PI claims, whether it agrees, disputes, or has no knowledge of expenses and losses and medical report, and giving counter-schedule and medical evidence Set off: If claims owns money by claimant Human rights argument Counterclaim should follow on if making one

Question 21

What could a defendant do about each allegation?

Answer 21

1. Admit 2. Deny 3. Require proof

Question 22

Admitting allegations

Answer 22

Should admit anything not disputed or non-controversial in order to narrow issues and save costs and time, as there can be costs consequences of not admitting something when you should have done so

Question 23

Denying allegations

Answer 23

Dispute facts which defendant would have known if they had occurred. Must gives reasons, and also give different version of events if they wish. It is not acceptable to make a ‘bare denial’. Will mean claimant has to prove the allegation.

Question 24

Requiring proof for allegation

Answer 24

Defendant can require proof if defendant is unable to either admit or deny allegation, because the fact that is alleged is something about which the defendant doesn’t know.

Question 25

Consequence of failing to deal with an allegation

Answer 25

Defendant will be deemed to admit it, unless it has set out its own case in respect of the allegation But in money claim, it will always be understood that the amount claimed is not admitted unless the defendant specifically admits it

Question 26

Standard structure of defence

Answer 26

• The definition used in the Particulars of CLaim are adopted - Paragraph 1 is admitted (usually just introduction) - Paragraph 6 of the PoC is denied… - The claimant is required to prove Paragraph 7 of the Particulars of Claim. Usually a general denial at the end.

Question 27

Reply from claimant after defence

Answer 27

Optional statement of case served by the claimant. Its purpose is to allege facts in answer to the defence which were not included in the claim. A reply must be verified by a statement of truth. Should be filed with the directions questionnaire, and they are usually given 14 days’ notice of the deadline for filing. The reply should be the last statement of case in a claim and permission of the court is needed to file any statement of case after the reply.

Question 28

What is a counterclaim?

Answer 28

A form of additional claim. It is usually made at the same time as the defendant files its defence. (If after, permission of court is needed.) It is pursued in the same proceedings as the main claim and dealt with under same claim number. It is based on case analysis in the same way.

Question 29

Relationship between counter claim and main claim

Answer 29

It may or may not have anything to do with the main cause of action. But, they must be suing in the same capacities. Court can order that counterclaim be struck out or heard separately.

Question 30

Form of counterclaim

Answer 30

If served at the same time as defence - should form a single document with the defence. It normally follows on directly from the defence. It should follow the rules on particulars of clai. Incluidng duty, breach, causation, loss. Court fee is payable.

Question 31

What is a set off?

Answer 31

Defence may be a partial or complete defence to the main claim. It extinguishes a claim. The facts that give rise to a counter claim may also amount to a defence of set off. If claimant sues defendant for 20,000, and defendant sues for 10,000 and both win. The claimant is only entitled to 10,000.

Question 32

Legal basis for set off

Answer 32

S53(1) SGA 1979 (breach of implied terms of quality) Defective services Equitable set-off

Question 33

S53(1) SGA 1979

Answer 33

Where the seller sues for the price of goods sold and delivered, the buyer can set off a claim for breach of implied terms as to quality and fitness for purpose.

Question 34

Defective services

Answer 34

Where a claim is made for the price of services, the defendant can set off a claim for damages for poor services.

Question 35

Equitable set off

Answer 35

Developed by the courts when it considers that there is such a close connection between the two transactions that it would be manifestly unjust to allow enforcement of one claim without taking into account the cross-claim.

Question 36

How is set off included in defence?

Answer 36

Set out in defence form. Usually last paragraph of defence before counterclaim.

Question 37

Defence to counterclaim

Answer 37

Claimant needs to respond. Admit or defend. Claimant must serve a defence within 14 days after service of the counterclaim. Otherwise, a judgment in default might be entered. Defence will be same as a normal defence. It will usually form one document with the Reply to the defence.