Statements Of Case (Topic 7) Flashcards
What do the pleading need to set out?
Material facts (that a party needs to establish or rebut)
Any point of law on which a party’s case is based
Does not contain evidence but can set out the name of witnesses
May attaché any necessary documents (such as expert reports)
- Set out what damages are claimed
- and if any interest is claimed and how calculated
What are pleadings also known as
Statement of case
What makes up the statement of case?
All documents must be ….
Claim form Particulars of claim (if served separately) Defence Part 20 claim Reply to Defence Part 18 Further Information
All documents must be verified by a statement of truth
Does the statement of case need to be verified?
Yes always by a statement of truth
When the PofC are included within the CF or are served with the CF in a separate document, what does this trigger?
CPR 9.2
D will need to:
A. File/serve an admission,
B. File a defence, or
C. File an acknowledgement of service
What will the acknowledgement of service indicate?
When must an acknowledgement of service be served?
If a D acknowledgements service how long do they have to serve a defence?
Whether or not the D will defend the claim
Must be served within 14 days of the service of the Particulars of claim
28 days (if do not serve an acknowledgement then 14 days post PofC)
IF the D fails to file an acknowledgement of service (within 14 days) and does not file a defence, what can the C do?
Claimant may obtain default judgement
What must the claim form contain?
(5)+
When the claim is for money what must the C state in relation to the amount claimed?
IN PI claims what must the C also state in relation to money claims?
- Concise statement of the nature of the claim
- Remedy C seeks
- When money is claimed, a Statement of value
- where C only claim is for a sum of money - contain a statement of the interest accrued on that sum
- Anything else set out in PD
- Address of C and D (including postcode)
——— 1. Amount claimed 2. That C expects to recover A. Not more than £10,000 B. Between £10,001 and £25,000 C. More than £25,000 Or 3. That C cannot say how much likely to be recovered
———
PI claims: C must state if they expects to recover in relation to PSLA, either not more than £1,000 or more than £1,000
What must the D include in their defence?
How will the court interpret it when a D fails to deal with an allegation made in PofC?
- Which allegations he denies and why + their version of events
- Which allegations he requires C to prove
- Which allegations he admits
IF the D has set out in his defence the nature of their case in relation to the issue to which the allegation is related, D will be taken as requiring the allegation to be proven
- Can the D and C agree to extending the period for filling a defence?
- How will the court know about this?
- When served who will the defence be served on?
- Can agree, but only up to 28 days extension
- D mist notify the court in writing
3 = on every other party
If the C chooses to reply to the defence what must they do?
File it with a directions Questionnaire and serve on all other parties when they file it
If the claim is only for a specific amount of money (bar costs and interest) and the D defence is that they have already paid the C the amount claimed — What will the court do?
When the C response who must they serve a copy on?
What if C fails to respond?
They will send notice to C requiring them to state in writing if they wish proceedings to proceed
Must serve a copy of their reply on the D
If C fails to respond the Claim still be stayed
If it has been 6 months since the period for filing a defence expired and the D has not served a admission or defence and the C has not applies for a default or summary judgement, what will happen to the claim?
Claim will be stayed
If a party fails to verify a statement of case, What is the impact of this? What can the court do?
If a witness stamens is not verified with a statement of truth what is the effect of this?
What the courts general power in relation to documents which have not been verified by a statement of truth when they should have been?
Impact = part may not rely on it as evidence of any of the matters set out in it
Court may strike it out
WS not verified:
Court may direct that it shall not be admissible evidence
General power:
Court may order a person who has failed to verify to verify the document
Can a legal representative sign a statement for truth on behalf of the party they are representing?
If a party applies for an order for a statement of case to be struck out because it is not verified by a statement of truth, who will bare the cost of this application?
Yes
____
General rule is that costs of the application will be paid by the party who has failed verify
If a party verified a statement of case containing a false statement without honest belief in its truth, what is the possible consequence of this?
Proceedings for contempt of court may be brought
If the court needs further information or needs clarification concerning a matter what can they do?
What can the court direct in relation to that further information?
Court can order a party to clarify or give additional information, whether or not the matter is contained within a statement of case
Court can direct that the further information is not to be used for any purpose except for that of the proceedings in which it is given
When may the party amend it?
Before filed or served = Any time, no permission needed, not an issue
Filed by not served = Amendment can be made WITHOUT permission
Files and served = Only with the written consent of all the other parties or with the permission of the court
What happens if a party amends their statement of case without permission of other parties or the court?
If the court gives permission for an amendment to be made what else may they also order?
Any other party can apply for an order from the court disallowing the amendment
______
Likely to also order that the other parties statements of case can be amended in light of the amendment
- Who will be responsible for the costs arising from any amendment?
- What should the party file with the court when making an application to amend?
- if permission if granted what must the party do?
- Following an amendment does the statement of case need to be re-verified with a statement of truth?
- The party making/applying for the amendment
- Application notice and copy fo the statement of case with the proposed amendments
- Within 14 days file the amended version with the court
- Only if the substance of the statement of case has been changed
When the court thinks that it is desirable for the original text and the amended text to be shown how can they order that the amendments be formatted?
Order fo colours to be used for successive amendments is? 1-4
By coloured amendments or by use of a numerical code
- Red
- Green
- Violent
- Yellow
Can the Court grant a remedy if it is not specified in the claim form?
Yes (Avoids the C having to plead every possibly remedy)
What names need to be included in the claim form?
- For each party …
- Individual trading under a name other than their own …
- Partnership
- A company
- Full unabbreviated name
- Full name of individual + full trading name
- Name of partnership + (A Firm)
- Full registered name + (suffix i.e plc/Ltd)
In Money claims
What is the value of the claim?
Small Claims Track
Fast Track
Multi Track
Small Claims Track: No more than £10,000
Fast track = £10,001-£25,000
Multi Track = £25,001 +
In Personal Injury claims what values are involved in each track?
Small Claims Track
Fast Track
Multi Track
Small = Value of claim no more than £10,000 and PSLA no more than £1,000
Fast = Value of claim no more than £25,000 and PSLA no more than £1,000
Multi = Value of the claim more than £25,000 and PSLA more than £1,000
For a claim to be issued in the HC what values must be involved?
Money claims = more than £100,000
PI claims = more than £50,000
When the C is calculating what they expect to recover what must they disregard?
Interest
Costs
Contributory Negligence
Counter claim or set out
What specifically needs to be included in a particular of claim when it is a PI case?
as set out in PD
C DOB + details of injury
Schedule of past and future expenses and losses which they claim
Medical evidence if relied upon
If a C want to rely on evidence of a conviction, what must they do?
Specific set out that they plan on relying on the conviction in the particulars of claim
And give details of the type of conviction, court that made the conviction and the issue in the claim to which it relates
Give examples of the type of things that must be specifically set out in the particulars of claim if the C wishes to rely on them in support of their claim
Fraud
Misrepresentation
Undue influence
When the claim is based on a written agreement does this need to be included with the particulars of claim?
What is the agreement was oral?
Yes should be attached
If oral/conduct agreement = Particulars of claim should set out the words/conduct used and who/when/where they were spoken
If the D dispute the C’s statement of value what must the D do?
State why they dispute it; and
Give their own statement of the value of the claim
When can a D include a set off in their defence?
If D contends they are entitled to money from the C; and
D relies on this as a defence to whole/part of the claim
When considering whether to allow an amendment to the particulars of claim what will the court consider?
Overriding objective
Reason for amendment
Need to balance justice of amendment with the injustice caused by allowing it
Need fo real prospect of success of the amended claim
Clarity of the amendment
Timing of the amendment
How to the court approach very late amendments?
Where there is a risk that the trial date might be lost = unlikely to be allowed
But if amendment has been foreshadowed in the papers, so doesn’t come as a surprise to other parties = may be allowed
Heavy burden lies on the party seeking the amendment - Must provide good explanation as to why they did not apply earlier
If the Defendant believes that the issue of causation rests with the Claimant, does he need to address this within the defence?
D will require C to prove that X (allegation in the C’s pleaded case)
If a party requires Further Information, does that party have to apply to the court for an order to obtain that information?
If the claim is made via latter, what should the letter make clear?
No first should serve on the party from whole they are seeking clarification a written request for that clarification or information, and state a date by which the response should be served (must be reasonable amount of time)
That the letter is distinguished from routine correspondence and shouts state that it contains a request made under put 18 and deal with no other matters other than the request itself
When making a Request for Further Information what label do the parties have?
• 18PD,1.1:
◦ The party seeking clarification or information = the first party
◦ The party from whom the clarification or information is sought = the second party
If the second party fails to respond or refuses the request for further information and the first party seeks an order from the court in relation to the request, what factors will the court consider in deciding the application?
When considering whether to make an order the court must have regard
(a) to the likely benefit which will result if the information is given; and
(b) to the likely cost of giving it; and
(c) to whether the financial resources of the party against whom the order is sought are likely to be sufficient to enable that party to comply with such an order.
These considerations are consistent with the “overriding objective”
When a party makes a Request for Further Information can it request from the other party any information about the claim?
A request should be concise and strictly confined to matter which are reasonably necessary and proportionate to enable the first party to prepare his own case or understand the case he has to meet
Does a Request for Further Information have to be verified by a statement of truth?
Not the request itself but the response should be
