Statements of Case & Requests for Further Info

Question 1

What are the 6 examples of a Statement of Case?

Answer 1

(1) Claim Form
(2) Particulars of Claim
(3) Defence
(4) Reply to Defence
(5) Part 20 Claim (e.g. Counterclaim)
(6) Defence to a Part 20 Claim

Question 2

What must all Statements of Case be verified by?

Answer 2

Statement of Truth

Question 3

What are the 2 key purposes of a CLAIM FORM?

Answer 3

(1) Commence proceedings
(2) Key elements of claim

Question 4

What is the purpose of a PARTICULARS OF CLAIM

Answer 4

Statement of facts supporting legal basis of the claim

Question 5

(1) In a DEFENCE each allegation from the POC must be responded to. What are the 3 response options?

Answer 5

(1) Admit
(2) Deny
(3) Require proof

Question 6

When will a D respond with a ‘Require Proof’ in the defence?

Answer 6

NO direct knowledge of the allegation

Question 7

If a D responds to an allegation in the Defence with ‘Deny’ or ‘Require Proof’, what must the claimant then do?

Answer 7

C must PROVE ALLEGATION

Question 8

When should a ‘Counter Claim’ be issued by the D?

Answer 8

(1) D has suffered LOSS by the C

Particulars of Claim

Question 9

For a COUNTERCLAIM:

(1) Its structure is similar to what other Statement of Case?

(2) In what other statement of case will the Counterclaim be part of and in what order will these 2 documents be presented in?

(3) Is permission from court required to file a Counterclaim?

Answer 9

(1) Statement of case

(2) Defence in order of (1) Defence (2) Counterclaim

(3) Permission NOT needed UNLESS defence ALREADY FILED

Question 10

(1) When will a C file a ‘Reply to Defence’?
(2) Is it mandatory for C to file one?

Answer 10

(1) Respond to NEW ISSUES raised in the defence?
(2) No

Question 11

(1) Generally, when must C file a ‘Defence to Counterclaim’?

Answer 11

Within 14 DAYS (Counterclaim SERVED)
UNLESS extension agreed by C & D - up to 28 days

Question 12

To decide whether a Statement of Case can be AMENDED, what 2 questions should you ask?

Answer 12

(1) Has the LIMITATION PERIOD expired?

IF YES - go to limitation rules
IF NO - go to (2)

(2) Has the soc been FILED AND SERVED?

Question 13

If the LIMITATION PERIOD has expired:
(1) What is the General Rule on whether the SOC can be Amended?
(2) What are the 3 exceptions to this rule?

Answer 13

(1) CANNOT be amended
(2) UNLESS:

(a) ADD / SUBSTITUTE NEW CLAIM - arises out of same / substantially same set of facts as existing claim

(b) CORRECT MISTAKE NAME OF PARTRY

(c) CHANGE CAPACITY PARTY CLAIMING IN - e.g. individual to company

Question 14

If a SOC is within limitation period + FILED BUT NOT SERVED, what is the rule on whether it can be AMENDED?

Answer 14

Amendments at any time

Question 15

If a SOC is within limitation period + FILED AND SERVED, what is the rule on whether it can be AMENDED?

Answer 15

ONLY Amended with:
(1) WRITTEN COSENT ALL PARTIES
OR
(2) COURT PERMISSION

Question 16

Is a ‘Request for Further Information’ under CPR 18 a Statement of Case?

Answer 16

No

Question 17

What 2 pieces of information can a ‘Request for Further Information’ be used to elicit?

Answer 17

(1) CLARIFY matter in dispute
(2) ADDITONAL INFORMATION

Question 18

(a) What are 2 ways a ‘Request for Further Information’ can be obtained?

(b) What 2 conditions must a ‘Request for Further Information’ comply with?

Answer 18

(a)
(1) SERVE OTHER PARTY (by written request)
IF NOT ANSWERED: (2) APPLY COURT

(b)
(1) Concise
(2) ‘Necessary and proportionate’

Question 19

What must a ‘Request for Further Information’ be verified by?

Answer 19

Statement of Truth