Unit 8.8: Statement of Case

Question 1

What are the consequences for a claimant of causing a statement of truth to be made without an honest belief?

Answer 1

Potential imprisonment
Contempt of court

Question 2

All statements of case ie. particulars of claim must be verified by

Answer 2

Statement of truth signed by the claimant

Question 3

A claim for interest should be

Answer 3

pleaded

Question 4

Where interest is not claimed under specific terms of a contract or, say, under the Late
Payment of Commercial Debts (Interest) Act 1998, it can be claimed under:

Answer 4

35A of the Senior Courts Act 1981

Question 5

Defence is served to a

Answer 5

Particulars of claim

Question 6

Why is it important to serve a defence to every allegation in a particulars of claim?

Answer 6

Unanswered allegations will be deemed accepted

Question 7

Is a reply by the claimant to a defence mandatory? Remember that it goes claimant: claim form, particulars of claim and defendant: defence.

Answer 7

No. A reply to a defence is not mandatory. The Claimant can leave the defence unanswered

Question 8

Part 20 Claim form

Answer 8

a) a counterclaim by a defendant against the claimant and another person
b) an additional claim be a defendant against any person for a contribution or indemnity (bringing another party in as a defendant)

Question 9

Part 20 claims must be

Answer 9

Related
If not related to the claim must issue a new claim and separate proceedings

Question 10

Statements of case are?

Answer 10

Commonly referred to as pleadings, they are the documents which parties set out their legal and factual case

Question 11

What do statements of case include?

Answer 11

• claim form
• particulars of claim
• defence
• reply
• counterclaim
• CPR Pt 20 (Part 20 claim) claim form, particulars of additional claim and defence and reply
  regarding the same, and
• responses to requests for further information: CPR Pt 18.

Question 12

Requests for further information are contained in >

Answer 12

CPR Pt 18

Question 13

What is a request for further information?

Answer 13

If a document is referred to in a statement of case, the opposing party can require inspection of that document

Question 14

Failure to verify a statement of case with a statement of truth will mean

Answer 14

The document in question cannot be relied upon as evidence and may result in the statement of case being struck
out or in adverse cost consequences: CPR r 22.2.

Question 15

Where the claimant is a company or similar, the statement of truth must be signed by

Answer 15

a senior position and must state the office or position they hold: CPR Practice
Direction 22, para 3.

Question 16

There is no limit to

Answer 16

The number of parties to a claim

Question 17

In a particulars of claim for breach of contract, they should be structured as follows:

Answer 17

• establish all the elements of the contract
• define the terms
• explain the alleged breaches of the terms
• damages claimed
• claim interest pursuant to contract or statute

Question 18

A breach of contract claim is different to

Answer 18

Misrepresentation

Question 19

In a particulars of claim for tort claims, they should be structured as follows:

Answer 19

• establish the duty of care
• nature of the duty
• alleged breach
• causation of loss
• damages claimed
• interest pursuant to relevant statues

Question 20

The defence needs to

Answer 20

respond to every allegation made in the particulars of claim: CPR r 16.5.

Question 21

If a defendant raises a counterclaim with their defence, the claimant is required to:

Answer 21

file and serve a defence to a counterclaim

Question 22

RFI is a

Answer 22

Request for information

Question 23

Interest for damages can be claimed under

Answer 23

the specific terms of a contract or under the Late Payment of Commercial Debts (Interest) Act 1998

Question 24

The approach to amendments of statement of case depends on

Answer 24

Whether the relevant limitation period has expired

Question 24

RFI must be

Answer 24

concise and strictly confined to matters which are reasonably necessary
and proportionate to enable the requesting party to prepare their own case or to
understand the case they have to meet.

Question 25

RFI can be used to

Answer 25

Request for information
Used to seek clarification of any matter which is in dispute in the
proceedings or seek additional information in relation to any such matter.

Question 25

If an amendment to a statement of case is sought after service and the other parties do not consent, what is required?

Answer 25

The permission of the court

Question 25

If there is no limitation issue and they seek the statement of case to amended, the court will consider

Answer 25

The overriding objective and all the
merits of the case

Question 26

Where the limitation period has expired and a party seeks to amend statement of case, the court will

Answer 26

have a much narrower scope to permit amendments

Question 27

A party can only use a RFI with a document when

Answer 27

It has been referred to in the statements of case