Statements of Case: Purpose, Structure, and Content (claim form, particulars, defence, reply, counterclaim)

Question 1

what are statements of case? (5)

Answer 1

essential documents of the case

1- claim form - claimant

2- particulars of claim - claimant

3- defence - defendant

4- counterclaims - usually defendant

5- replies - usually claimant

Question 2

what is the purpose of statements of case?

Answer 2

(1) informs parties of each other’s cases

(2) allows parties and the court to identify the factual issues of dispute or those which are agreed

(3) this allows the case to proceed smoothly to trial OR facilitates settlement

(4) gives judge a concise statement of parties’ cases

Question 3

what must be included in ALL statements of case? (2)

Answer 3

1) CASE HEADING: title of proceedings, case number, court, each party’s name and status

2) STATEMENT OF TRUTH at the end

Question 4

what is a statement of truth?
what is its effect?
what is the consequence for not putting one?
what are the form and structure requirements?

Answer 4

statement of truth = statement at the end of ALL statements of case that the party believes that the SoC document is true

if SoC does not contain a statement of truth then the SoC cannot be used as evidence

if party does not believe the SoC is true but put a statement of truth, party will be in contempt of court and may face fines/imprisonment

form and structure = SOT must follow directly on from the next and not on a next page

Question 5

what happens if a party does not comply with the rules for content and formatting of a statement of case?

Answer 5

a party can apply for a formal amendment

court may have to approve this

this may cause other parties to have to amend their SoC

but there may be cost consequences and tactical disadvantages if time and money are wasted

Question 6

what happens if a party does not include a point or issue in its statement of case?

Answer 6

it is prevented from relying on it at trial

Question 7

what form is the claim form written on?

Answer 7

Form N1

Question 8

what information is included on the claim form? (5)

Answer 8

1- parties’ names and addresses (of service and of residence / place of business)

2- brief details of claim and remedy sought

3- statement of the value of the claim = specified, unspecified (approximate) , or unknown

4- judicial endorsement if the High Court is chosen

5- particulars of claim if they are concise e.g., in debt claims (not necessary)

Question 9

what is a jurisdictional endorsement? when must it be included? what does it contain?

Answer 9

on claim form, if claimant chooses to issue proceedings in the High Court, it must include a jurisdictional endorsement =

C states:

• C expects to recover more than 100,000 in non-PI case, or
• C expects to recover 50,000 or more in PI case, or
• an enactment that provides that C can commence claim in High Court, or
• the claim is to be in one of the specialist high court lists + state which list

Question 10

what are the particulars of claim?

Answer 10

C’s main statement of case that sets out its case in full detail

Question 11

when/how can the PoC be served? (3 options)

Answer 11

1) with the claim form (e.g., debt claims)

2) at the same time as the claim form but attached separately

3) after service of the claim form (14 days)

Question 12

what are the contents of the particulars of claim? (6)

Answer 12

1) essential elements of C’s case and causes of action (duty, breach, causation, loss) + material facts to entitle them to the remedy if proven

2) background facts to ‘tell the story’

3) claiming interest (either exact calculation or pleading interest generally)

4) prayer = summary of remedy sought

5) statement of truth

and 6) specific contents = anything extra that C relies on - e.g., copy of written contract, details of contract by conduct or oral, details of land, details of injuries + current and future losses in PI claims, etc.

Question 13

‘at all material times’

what statement of case is this indicative of?

Answer 13

all particulars of claim start with this

Question 14

can a claimant claim interest on its award?

Answer 14

YES - claimants have a statutory right to interest decided at the court’s discretion OR can also be set out in contract

C must claim this in its particulars of claim

Question 15

what are the 2 ways in which a claimant can claim interest in its particulars of claim?

Answer 15

(1) EXACT CALCULATION OF INTEREST =

• C is making a specified claim for money = debt claim, liquidated damages claim
• interest from date of breach to date that POC are lodged, then continuing at a daily rate until date of judgement

(2) PLEADING INTEREST GENERALLY = C is pursuing an unspecified claim - court decides damages + interest

• e.g., loss of goodwill, future earnings, where remoteness/ foreseeability/ mitigation is at issue

note: if claim contains both specified and unspecified claims, then claimant can separate the claims in the poc or treat it as one big unspecified claim

Question 16

what is the defence and what must the defendant do in the defence? (3)

Answer 16

defence = statement of case filed and served by the defendant

D puts forth their own case and addresses and responds to EVERY allegation made by C in the PoC - either

1) admit
2) denies, or
3) requires proof by C

Question 17

what statements does a defence always start and end with?

Answer 17

starts with = ‘the defendant adopts the definitions used in the particulars of claim’

ends with = ‘In the circumstances, the claimant is not entitled to the relief sought’

Question 18

what is the requirement on a party to admit?

Answer 18

a party MUST admit anything not disputed or not controversial to narrow issues - otherwise cost consequences

if D admits an allegation in the PoC, the C does not have to bring any further evidence to support it

Question 19

what is the requirement on D if they want to deny an allegation made in the PoC in their defence statement?

Answer 19

D it MUST give reasons for its denial and state its version of the facts (no bare denials allowed)

the claimant will have to prove the allegation

D denies claims when it disputes any facts within its knowledge (unlike requiring proof)

Question 20

when should D require proof of an allegation made by C in the PoC in D’s defence statement?

Answer 20

D requires proof of an allegation made by C in the PoC when D does not know of the facts underlying the allegation

D is unable to admit or deny allegation because it does not know

D asks the claimant to prove the allegation

Question 21

what happens if D fails to address an allegation in its defence that the claimant made in the particulars of claim?

Answer 21

D is deemed to have admitted the particular allegation

EXCEPT FOR the amount claimed in money claims - this is not admitted unless D specifically admits it

Question 22

what issues does D deal with in its defence statement?

Answer 22

it must include = response to each PoC allegation (admits, denies, requires proof)

and

if applicable =

• limitation defence
• set-off defence
• mitigation/contributory negligence
• counterclaim
• in PI cases, D must deal with every allegation in C’s schedule of past and future expenses and losses
• other defences
• disputing the statement of value

Question 23

what is a reply and why would it be filed?
structure of reply?
when to file reply?

Answer 23

reply = optional statement of case that the claimant makes after the defendant serves its defence to allege facts that were not included in the original particulars of claim

final statement of case

structure = no structure but must include statement of truth (usually filed with C’s defences to D’s counterclaims)

when to file = with the directions questionnaire

Question 24

what is a counterclaim

Answer 24

a separate claim to the main claim served by D normally at the same time D serves its defence

must be based on cause of action (duty, breach, causation, loss)

dealt with in the same proceedings as the main claim (has the same case number) unless the court thinks it should be heard separately/ struck out

Question 25

can D bring a counterclaim with a cause of action or facts that are unrelated to the main claim?

Answer 25

yes - all that is required is that parties are sued / being sued in the same capacity as the main claim

Question 26

what form requirements does a counterclaim have to follow?

Answer 26

in the same document as the defence and follow on directly from the defence

must comply with CPR formality rules on particulars of claim and contains the same contents

Question 27

what is set off?

Answer 27

a DEFENCE where D argues that the facts that give rise to a counterclaim mean that D is owed X GBP

if set-off is successful, the amount D pays C is reduced by amount claimed in set off

either for debt claims (contractual set off) or set off as much of the sum awarded by way of counterclaim

Question 28

what claims can D raise a set off defence in?

Answer 28

contractual set off = only claims of debts NOT damages

examples
- seller sues for price of goods sold and delivered, buyer can set off a claim for breach of implied term as to quality and fitness for purpose
- claim made for price of services, D can set off claim for damages for poor services

OR

set off amount D receives from counterclaim

Question 29

defence to counterclaim - what is it, who serves it?

Answer 29

the claimant MUST respond to any counterclaim made against it in the same was as D responds to a claim

C will admit, deny, or require proof of every allegation made by D in the counterclaim

(same form requirements as defences)

Question 30

does D acknowledge service of a defence to counterclaim by C?

Answer 30

no need

Question 31

when must C serve a defence to counterclaim by D? and what happens if C does not do so within that time?

Answer 31

within 14 days after service of counterclaim

OTHERWISE: D can enter default judgement against C