Syllabus Area 8 - Statements of Case Flashcards
What is the use of a claim form and type of claim form used?
Claim form is the first statement of case to commence proceedings setting out key elements of claim. A claim form is an N1 form.
What is contained in a claim form?
Names of parties, addresses for service, precise details of claim, value and remedy sought.
What must be included in the claim form?
Statement of value.
What is included in a statement of value?
The C must include either specified amount, or unspecified but guess e.g not more or less than 10,000 or state that C cannot say how much likely to recover.
What must be included in a statement of value for a personal injury claim?
The statement of value must include recover of pain, suffering, loss of amenity of more or not more than £1500
What happens if claim is in High Court, what must claim form include?
Must state that it is expecting recovery to be over £100,000 or over £50,000 if it is personal injury. It also must state what enactment allows the claim to be in the high court.
What things are not considered in the overall value of a claim?
Interest, costs, set offs, counterclaims, contributory negligence, state benefits
What is a particulars of claim?
This is the main statement of the case which includes the law, evidence and arguments of the cause of action e.g the elements.
How long does a particulars of claim have to be served on D?
Can be served with claim form or served without claim form (14 days after claim form).
What must a particulars of claim include in terms of damages and interest?
Aggravated/exemplary/provisional damages & statutory interest under s35A Seniour Courts Act 1981 or s69 County Courts Act 1984 or under a contract.
What is included in interest calculations?
Exacting calculation: percentage rate, dates to/from, total amount claimed and daily rate after. Unspecified amount: loss of future earnings, damages where remoteness/foreseeability, loss of goodwill/reputation
What must be particularly included in a particulars of claim for personal injury?
Names, address, DOB, nature/extent of injuries, medical reports and schedule of past future losses and expenses
What other matters must be included in a particulars of claim form?
If it a land claim > must identify land as residential premises on a Deed/Map, if it is a contract > must include contract, if it is oral agreement > must include when, where who, if it is a conduct case > conduct of who, when, where included.
What matters should be specifically set out if relied upon?
Any human rights arguments & any convictions (must include & say why using them) under Civil Evidence Act 1968.
What is acknowledgement of service?
It is where if the D does not have enough time to file the defence/wants to contest jurisdiction, D can file an AOS to extend their deadline to file a defence if they want to.
What is the consequence for not filing an AOS?
The C can file for a default judgment to be entered against D.
What is the period of time allowed for an AOS to be filed?
It is 14 days after receiving the POC if D served with both, or it is 14 days after receiving claim form.
What must be included in a defence?
D must address every allegation: admit, deny or C to prove with evidence.
What must D do if he files a defence?
Serve a copy on every party.
When are prescribed time limits extended for a defence?
if D is out of jurisdiction, dispute of jurisdiction or C applies for summary judgement.
What must D do if he denies?
He must explain why + own version of events put forward.
What happens if D does not deal with allegation?
It will be taken as an admission unless it can be shown that D implied in defence the allegation dealt with.
What matters must be included in a defence?
If D disputes the statement of value,. Must included his own. If it is a debt claim and money been paid, this must be put in defence. If D is in a representative capacity, he must state this.
What must come at the end of a defence?
A statement of truth.
What happens in a set off defence?
If D entitles himself that C owes money, he must include this in defence.
What happens if C replies/does not reply to defence?
If C replies, D must provide matters raised. If C does not reply, D must prove.
What is the courts power to dispense statements of case?
Court can say to continue without statements of case.
How long does D have to file a defence?
If D files an AOS first, he has 28 days from deemed date of service of POC, if D does not file AOS, he has 14 days from deemed date of service.
Can an extension be done for a period of filing a defence?
Yes, if it is agreed between parties and court is notified in writing.
What is the protocol if a counterclaim is served?
The defence and counterclaim must form one document with the counterclaim following the defence.
What can the court order after a reply?
Has the power to order parties to not file anymore SOC without courts permission.
If it is a money claim and it has been paid, what happens?
Court will ask C if they want proceedings to happen. If C responses, it file and served. If don’t respond, notice is stayed.
What happens if claim is not defended or admitted?
After 6 months, if not defended or admitted, claim to be stayed and if it wants to be lifted, explanation needed.
