Topic 7- Statements of Case Flashcards
What is the statement of value in a claim form?
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
What must a claim form contain?
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
What should the value in the statements of case be for a High Court claim?
£100,000
or
£50,000 for personal injuries
Is interest and costs of the claim included in the statement of value?
No, interest and costs is never included in the statement of value
What are the contents of the particulars of claim?
A concise statement of facts
Statement of interest
Statement of aggravated damages or exemplary damages
If the claimant is seeking provisional damages
What are the contents of the defence?
Must deal with each allegation in the particulars of claim, and which they admit or deny
Must also give their reasons for denial
What is a defence of set-off?
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
What must the defendant state in his defence to a personal injury claim?
Whether they agree/dispute/neither agree or dispute
When must an acknowledgement of service be filed?
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
What happens if a defendant failed to file an acknowledgment of service?
The claimant may obtain a default judgment
Within how many days after service of the claim form must the defendant file an acknowledgement of service?
Within 14 days
What must the defendant do after serving the acknowledgement of claim?
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
How many days after filing an acknowledgment of service should the defendant file their defence?
28 days after service of the claim form
Can the defendant extend the time period for filing a defence?
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
Who does the defence need to be served on?
It must be served on every party
How should a defendant serve a defence and a counterclaim?
They should serve it together in one document, with the counterclaim following the defence
How does a claimant reply to a defence?
They must file the reply with a directions questionnaire, and serve the reply on the defendant
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?
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
What happens if nothing has happened 6 months after the limit for filing of defence, but the claimant has not applied for judgment?
The court will stay the claim
What stage of a claim can a party amend their statement of case without the court’s permission?
At any time before it has been served on any other party
How does a party amend their statement of case once it has been served?
With the written consent of all the parties OR
With the permission of the court
If a party has filed a Part 38 notice to discontinue their claim, can they amend their statement of case?
Yes, they may without the court’s permission to give effect to the discontinuance
Can the court disallow an amendment of statement of case, even if permission was not required?
Yes, they will have the power to disallow the amendment
What considerations must the court have in allowing an amendment of statement of case?
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
Will an amendment of case be granted on the day of a trial?
Potentially
Lateness of application is an important BUT NOT CONCLUSIVE FACTOR
Court must have consideration as to why the amendment was late
Can an amendment be made after judgment has been given?
Yes, but only in extremely exceptional circumstances
Who pays for the costs arising from the amendment of statement of case?
The party applying for the amendment will be responsible
How does a party make an application for amendment of statement of case?
They must file an application with the court, with the application notice and a copy of the statement of case with the proposed amendments
Does a party need to give both the amended and original statements of case?
No, only if the court feels it is desirable to do so
What is included in the statement of case?
A claim form, particulars of claim, defence, or reply to defence
When will the court order a party for further information?
When there is a matter in dispute in the proceedings
What must a party do when a court orders for further information?
They must file their response and serve it on the other parties within the time specified
What must the court take into account when considering whether to make a “further information” order?
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
What are the restrictions on use of further information?
The court states that the further information provided by a party must not be used for any purpose except for that in the proceedings
What is the procedure for obtaining further information?
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
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?
Yes, the court will likely allow the amendment, as long as the other side are not prejudiced
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?
Yes, they will always need permission
If an amended statement of case clearly has no real prospect of success, will it be allowed?
No
Can a court hear the explanation for amendment on the day of trial?
Yes
The judge must at least hear the reasons for the explanation, and only then will they accept or refuse the application
If the Claimant sends the claim form to the defendant on Monday 5th, when will the defendant need to file their acknowledgment of service?
21st
Deemed service of delivery will be 7th, (two business days after), + 14 days
What must the request for further information be confined to?
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
When calculating how much the claimant expects to recover on the claim form, what must they disregard?
Any costs or interest
Any findings of contributory negligence/counterclaim
When requesting for further information under Part 18, what must the party first do?
Make a written request, and specify a date for response
Where a party has made no response to a request for further information, does the requesting party need to serve notice?
No, the requesting party does not need to serve notice, and the court can deal with the application without a hearing
What must a defendant include in his defence to a personal injury claim?
Whether they agree, dispute or neither agree or dispute
Attach its own medical report
Attach a counter-schedule
When the particulars of claim have been served, how can they be amended
With the written consent of the other parties
OR
Permission from the court
When putting the name of a business on a claim form, should it be the people or the business name?
It needs to be the business name that they were operating at the time of cause of accrual
When is Part 8 procedure used?
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
Who may use Part 8 procedure?
Only the claimant
When a claimant uses Part 8 procedure, what must the claim form state?
The question and remedy sought by the claimant
The power of the High Court to award interest is found in which section of which act?
S34 Senior Courts Act 1981
The power of the County Court to award interest is found in which section of which act?
S69 County Courts Act 1984
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?
The claimant will still be required to prove the remainder of the defence
What is the main requirement in requesting for further information?
The request needs to have a specified date of response
If a claimant is seeking interest, what must they include in the particulars of claim?
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
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?
Yes, the defendant will have an opportunity to make representations
Who may serve a request for further information?
Any party or the court
