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BTC- Civil Litigation > Topic 7- Statements of Case > Flashcards

Topic 7- Statements of Case Flashcards

1
Q

What is the statement of value in a claim form?

A

Specifies the amount of money claimed
It must state that the claimant expects to recover-

  • Not more than £10,000
  • More than £10,000 but not more than £25,000
  • More than £25,000 but not more than £100,000
  • More than £100,000

If it is for personal injury, it must also state that the PSLA damages are-

  • Not more than £1,500
  • More than £1,500

If it is for personal injuries after an RTA, it must state that the PSLA damages are-

  • not more than £5000
  • More than £5000
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2
Q

What must a claim form contain?

A

A concise statement of the nature of the claim

Specific the remedy which the claimant seeks

A statement of value where the claim is for money

A statement of the interest claimed

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3
Q

What should the value in the statements of case be for a High Court claim?

A

£100,000
or
£50,000 for personal injuries

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4
Q

Is interest and costs of the claim included in the statement of value?

A

No, interest and costs is never included in the statement of value

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5
Q

What are the contents of the particulars of claim?

A

A concise statement of facts

Statement of interest

Statement of aggravated damages or exemplary damages

If the claimant is seeking provisional damages

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6
Q

What are the contents of the defence?

A

Must deal with each allegation in the particulars of claim, and which they admit or deny

Must also give their reasons for denial

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7
Q

What is a defence of set-off?

A

Where a defendant contends that he is entitled to money from the claimant, and relies on this as a defence to the whole of the claim, then the defendant may use this as a defence to “set off” against the claim

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8
Q

What must the defendant state in his defence to a personal injury claim?

A

Whether they agree/dispute/neither agree or dispute

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9
Q

When must an acknowledgement of service be filed?

A

The defence must file an acknowledgement of service when the have been served a claim form

Must be filed 14 days after service of the claim form, if particulars of claim are included

28 days after service of claim form if particulars of claim served later on

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10
Q

What happens if a defendant failed to file an acknowledgment of service?

A

The claimant may obtain a default judgment

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11
Q

Within how many days after service of the claim form must the defendant file an acknowledgement of service?

A

Within 14 days

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12
Q

What must the defendant do after serving the acknowledgement of claim?

A

They must file a defence to defend all or part of their claim

This must be filed within 14 days after claim form, or 28 days after if they have already filed the acknowledgement of service

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13
Q

How many days after filing an acknowledgment of service should the defendant file their defence?

A

28 days after service of the claim form

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14
Q

Can the defendant extend the time period for filing a defence?

A

Yes, if the defendant and claimant both agree, they can extend the period up to 28 days

Both parties must agree, and notify the court in writing

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14
Q

Who does the defence need to be served on?

A

It must be served on every party

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14
Q

How should a defendant serve a defence and a counterclaim?

A

They should serve it together in one document, with the counterclaim following the defence

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14
Q

How does a claimant reply to a defence?

A

They must file the reply with a directions questionnaire, and serve the reply on the defendant

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14
Q

What happens where the claim is for a specific amount of money, but the defendant states he has already paid that money to the claimant?

A

The court will send notice to the claimant requiring them to state whether they want the proceedings to continue

Must reply within 28 days, otherwise the claim is stayed

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14
Q

What happens if nothing has happened 6 months after the limit for filing of defence, but the claimant has not applied for judgment?

A

The court will stay the claim

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14
Q

What stage of a claim can a party amend their statement of case without the court’s permission?

A

At any time before it has been served on any other party

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14
Q

How does a party amend their statement of case once it has been served?

A

With the written consent of all the parties OR
With the permission of the court

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15
Q

If a party has filed a Part 38 notice to discontinue their claim, can they amend their statement of case?

A

Yes, they may without the court’s permission to give effect to the discontinuance

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16
Q

Can the court disallow an amendment of statement of case, even if permission was not required?

A

Yes, they will have the power to disallow the amendment

17
Q

What considerations must the court have in allowing an amendment of statement of case?

A

The court have discretionary power, but must have regard to dealing with the case justly and at proportionate cost

The proposed amendment must also show a real prospect of success

18
Q

Will an amendment of case be granted on the day of a trial?

A

Potentially

Lateness of application is an important BUT NOT CONCLUSIVE FACTOR

Court must have consideration as to why the amendment was late

19
Q

Can an amendment be made after judgment has been given?

A

Yes, but only in extremely exceptional circumstances

20
Q

Who pays for the costs arising from the amendment of statement of case?

A

The party applying for the amendment will be responsible

21
Q

How does a party make an application for amendment of statement of case?

A

They must file an application with the court, with the application notice and a copy of the statement of case with the proposed amendments

22
Q

Does a party need to give both the amended and original statements of case?

A

No, only if the court feels it is desirable to do so

23
Q

What is included in the statement of case?

A

A claim form, particulars of claim, defence, or reply to defence

24
Q

When will the court order a party for further information?

A

When there is a matter in dispute in the proceedings

25
Q

What must a party do when a court orders for further information?

A

They must file their response and serve it on the other parties within the time specified

26
Q

What must the court take into account when considering whether to make a “further information” order?

A

The likely benefit if the information is given

The likely cost of giving it

Whether the financial resources of the party will mean they can comply with it

The overriding objective

27
Q

What are the restrictions on use of further information?

A

The court states that the further information provided by a party must not be used for any purpose except for that in the proceedings

28
Q

What is the procedure for obtaining further information?

A

The party seeking information must serve a written request on the other party

The request must then be sent back, either agreeing or objecting

If the party objects, then a Part 18 order can be made to obtain further information

29
Q

If the amendment to a statement of case is made on the day of trial, but the defendant are prepared for it and will make no difference to the trial, will it be allowed?

A

Yes, the court will likely allow the amendment, as long as the other side are not prejudiced

30
Q

Does a party require court’s consent to add, substitute or remove a party from the statement of case if they have already served the claim form?

A

Yes, they will always need permission

31
Q

If an amended statement of case clearly has no real prospect of success, will it be allowed?

A

No

32
Q

Can a court hear the explanation for amendment on the day of trial?

A

Yes

The judge must at least hear the reasons for the explanation, and only then will they accept or refuse the application

33
Q

If the Claimant sends the claim form to the defendant on Monday 5th, when will the defendant need to file their acknowledgment of service?

A

21st

Deemed service of delivery will be 7th, (two business days after), + 14 days

34
Q

What must the request for further information be confined to?

A

May be made in a separate document, and must be concise and strictly confined to the matters reasonably necessary and proportionate to help the party prepare their case

35
Q

When calculating how much the claimant expects to recover on the claim form, what must they disregard?

A

Any costs or interest

Any findings of contributory negligence/counterclaim

36
Q

When requesting for further information under Part 18, what must the party first do?

A

Make a written request, and specify a date for response

37
Q

Where a party has made no response to a request for further information, does the requesting party need to serve notice?

A

No, the requesting party does not need to serve notice, and the court can deal with the application without a hearing

38
Q

What must a defendant include in his defence to a personal injury claim?

A

Whether they agree, dispute or neither agree or dispute

Attach its own medical report

Attach a counter-schedule

39
Q

When the particulars of claim have been served, how can they be amended

A

With the written consent of the other parties
OR
Permission from the court

40
Q

When putting the name of a business on a claim form, should it be the people or the business name?

A

It needs to be the business name that they were operating at the time of cause of accrual

41
Q

When is Part 8 procedure used?

A

Part 8 procedure is where a claimant seeks the court’s decision on a question which is unlikely to involve a substantial dispute of fact

42
Q

Who may use Part 8 procedure?

A

Only the claimant

43
Q

When a claimant uses Part 8 procedure, what must the claim form state?

A

The question and remedy sought by the claimant

44
Q

The power of the High Court to award interest is found in which section of which act?

A

S34 Senior Courts Act 1981

45
Q

The power of the County Court to award interest is found in which section of which act?

A

S69 County Courts Act 1984

46
Q

If a claimant wishes to respond to a defence, but the reply only deals with part of the claim, what will this mean about the other part?

A

The claimant will still be required to prove the remainder of the defence

47
Q

What is the main requirement in requesting for further information?

A

The request needs to have a specified date of response

48
Q

If a claimant is seeking interest, what must they include in the particulars of claim?

A

UNDER S69 COUNTY COURTS ACT 1984

Percentage rate at which interest is claimed

Date from which it is claimed

Date to which it is calculated

Total interest claimed

Daily rate at which interest accrues

49
Q

If a late application to amend the statements of case by the claimant has been made, does the defendant have an opportunity to make representations?

A

Yes, the defendant will have an opportunity to make representations

50
Q

Who may serve a request for further information?

A

Any party or the court

BTC- Civil Litigation (19 decks)

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