WS1 - Pre-Action and Starting a Claim Flashcards
Pre-Action Conduct - Introduction: What do court rules require of parties pre-litigation?
- CPr set out certain procedures the court expects parties to follow before issues proceedings unless exeption reasons not to do so.
- These procedures are set out in various pre-action protocols, each of which applies to a certain type of dispute, in addition to specific pre-action protocols, there is the “Practice direction - PreActio Conduct and Protoocols which cover all cases.
Pre-Action Conduct - a) Aim of the Pre-action Protocols: What is the purpose?
- The procedures have emphasis on encouraging parties to focus on resolving the dispute without involving the courts.
- They achieve this by enabiling parties to obtain information they reasonably need to settle, as early as possible and if settlement not achieveable, to lay the foundations for expeditious court proceedings.
Pre-Action Conduct - a) Aim of the Pre-action Protocols: What should defendant therefore look to do?
- If they intend to admit liability, do so early and clearly.
- If they intend to dispute, they it should do so clearly with reasons.
Pre-Action Conduct - a) Aim of the Pre-action Protocols:What else does the pre-action protocol expect of parties?
- There is also expectation of parties to consider if negotiation or another form of ADR might allow them to avoid proceedings Para 8, PD.
- Silence in response to other sides suggestion of ADR, can itself be unreasonable conduct.
- Parties should also take stock of position before issuing, not simply press ahead in mechanical manner - Para 12, PD.
Pre-Action Conduct - b) Consequences of Non-Compliance: When may court determien there has been a failure to comply with pre-acition conduct PD/protocol?
The court may decide that there has been a failure of compliance when a party has—
(a) not provided sufficient information to enable the objectives in paragraph 3 to be met;
(b) not acted within a time limit set out in a relevant protocol, or within a reasonable period; or
(c) unreasonably refused to use a form of ADR, or failed to respond at all to an invitation to do so.
Pre-Action Conduct - b) Consequences of Non-Compliance: What my court impose?
Depending if non-compliance will merit adverse consequence, may impose:
(a) the parties are relieved of the obligation to comply or further comply with the pre-action protocol or this Practice Direction;
(b) the proceedings are stayed while particular steps are taken to comply with the pre-action protocol or this Practice Direction;
(c) sanctions are to be applied.
The most likely will relate to costs and interest such as increase amount of costs/interest to be paid or deceasing amount to be received.
Pre-Action Conduct - b) Consequences of Non-Compliance: What will the court consider in deciing to impose sanction?
The overall effect of the non-compliance and it is unlikely sanctions will be imposed for minor infringements.
Pre-Action Conduct - b) Consequences of Non-Compliance - i) Is non-compliance ever justified? What are the circumstances when it may be acceptable to not comply with pre-action requirements?
- Where limitation period is about to expire in which it may be necessary to issue before there is time to comply with these requirements and if so, parties must comply to the extent possible and ordinarly apply for stay after issuing proceedings to allow for pre-action procedure to be followed.
- If there is another reason for urgent proceedings or for eleemnt of surprise, such as a party can apply to court for search order which allows unnanounced visit to opponent premises to search for documents to avoid destruction so would defeat purpose if party had to write to the otherside before applying to court.
Pre-Action Conduct - c) Application of Protocols and the Practice Direction: How does the Practice direction apply?
This applies to:
* (a) All cases, but where
* (b) A specific protocol applies, the provisions of that** specific protocol overide any conflicting provisions of the PD.**
So, if no specific protocol, apply PD.
Pre-Action Conduct - c) Application of Protocols and the Practice Direction: What is the process and timetable for Practice direction and what should be noted?
- PD is not always precise as it must cater for wide variety of disputes.
- E.G - Reasonable response within a reasonable period could be between 14 days and 3 months but main point is parties are supposed to behave reasonably and observe sprirt of the PD.
Pre-Action Conduct - c) Application of Protocols and the Practice Direction: How does the Pre-actioon protocol for PI apply?
Pre-action protocol for PI applies to:
* (a) Personal injury claims which
* (b) Do not fall within another pre-action rpotocol and which
* (c) Are likely to be allocated to the fast track (a value of up to £25,000 and spriit of the protocol should be followed in higher value.
Pre-Action Conduct - c) Application of Protocols and the Practice Direction: What is the process and tiemtable for pre-action protocol for PI claims?
(a) Claimant should write letter of notification to potential defendant giving brief detials, to enable them to notify insurer.
(b) Parties should consider any rehabilitation needs (i.e any ongoing medical and care needs) and how to address them.
(c) Claimant should write to defendant to give full details of claim.
(d) Defendant to acknowledge letter within 21 days
(e) Defendant to investigate and send full letter of response within 3 months of letter acknowledging the claim. If defendant denied liability or quantum or both then..
(f) Parties should disclose key documents, engage in appropiate negotiations amd make proposals for settlement. Claimant should send schedule of losses giving details of them.
(g) Joint selection of quantum expert (medical expert) or claimant discloses report and defendant sends written questions.
Where and how to issue the claim - Introduction: Which is the relevant parts of CPR for this information?
- CPR 7.2
- 7A PD 1 - 5
- CPR 30
Where and how to issue the claim - Introduction: What must claimant decide once they intend to issue?
- (a) Decide in which court to issue the claim; and
- (b) Issue the proceedings in that court
Where and how to issue the claim - a) Which court: Which arre the main civil courts and what is their jurisdiction?
- The high court and the county court.
- They have concurrent jurisdiction over most claims which means that claimant often has choice when dealing in which of these courts to issue their claim.
Where and how to issue the claim - a) Which court - i) Jurisdiction of County/High Court: What claims can each court deal with?
- Claim can only be brought in corut if it has jurisdiction to deal with the claim in which County/High corut have concurrent jurisdiction to deal with most claims. (High Coiourt and County court jursidiction order 1991, CPR 7 and PD 7A.
Where and how to issue the claim - a) Which court - i) Rules governing commencment: How does value impact the relevant court to commecnemtn the claim?
As per the image above:
* If the value of a claim (other than those for PI) is greater than £100k, it may be commcened in either High court or county court - 7A PD2.1.
* If value of claim £100,000 or less, may not be commened in high court and should be commcned in County court.
* The figure for PI claims is less than £50,000 must be commcened in county court, and over this can be either.
Note - Interest not included in this sum.
Where and how to issue the claim - a) Which court - ii) Approach if choice of court: What are the guidelines for commecnment?
Contained in 7A PD and the claim should be commenced where it is likely to be tried.
Where and how to issue the claim - a) Which court - ii) Approach if choice of court: When should claim be issued in High court?
If because of:
* (a) The financial value of the claim and amount in dispute, and/or
* (b) The compelxity of the facts, legal issues, remedies or procedures involved, and/or
* (c) Importance of the outcome of claim to the public in general
The claimant believes claim ought to be dealt with by high court judge - 7A PD 2.4.
**Note - **However, where there is less complex issues such as simple debt recovery, then likely county court.
Where and how to issue the claim - b) Transfer between courts: What if court disagrees with claimants choice?
- Court may consider if it should remain within court of issue and court can transfer cases between High Court and County Court.
- The criteria used to decide are similar to above while also considering if there is a specialist judge available and facilities at court for disabled witnesses or parties.
Where and how to issue the claim - b) Transfer between courts: What are the consequences of incorrect court selection?
- Court may transfer and order claimant to pay costs of this.
- If matter continues in High court, there is seperate sanction for wrongly commencing claim which should have been issued in County, in which any costs awarded in claim can be deducted by the court, up to 25% at their discretion (S51 SCA).
Where and how to issue the claim - c) Issuing the claim at court: What must be submit to court to issue?
Claimant’s solicitors must submit to court:
(a) Copies of the claim form (Form N!) to be issued and sealed
* One copy of the completed claim form to be kept on court file
* One copy for every defendant; and
* One copy for the claimant to keep on its own file
(b) Court issue fee (varied depending on the value)
There are other documents such as particulars of claim, but the above are minimum required to commence proceedings.
Where and how to issue the claim - c) Issuing the claim at court - i) High Court Claims: What happens on receipt of docs?
- Court issues claim form by entering date of issue on claim form and giving case a claim number and sealing all copies of claim form.
- Court ceates case management file and stores own sealed copy.
- Date of issue is important as stops time running for limitation and starts clock for which claim form must be served.
Where and how to issue the claim - c) Issuing the claim at court - ii) County Court Claims: What happens on receipt of docs?
- Date of issue is equally important.
- County court money claims are issued centrally in Civil National Business centre, which manages claim until a hearing is required, at which opoint they are transferred to particular local county court hearing centre - Do this by sending claim form to Civil National Business centre and paying fee.
- Claims which are not money only claims generally can be issued at any of the county court hearing centres by sending claim form and fee.
- Claimant also specifies preferred hearing centre on the form and laim may be later transferred to that if hearing required, but not guaranteed from choice.
Where and how to issue the claim - c) Issuing the claim at court - iii) Money claim online: What does this allow for?
- Alternative to procedure above, in which some county court money claims can be issued by Money claim online.
- This is design to be very quick for simple claims.
- This can only be used for money claims with value up to £100,000 which are against** no more than two defendants. **
- Claim form served usual way but defendant may then respond through the service.
- If defended, then transferred to appropiate local county court hearing centre.
Where and how to issue the claim - c) Issuing the claim at court - iv) Issuing bulk county court claims What is the option for those issuing many claims?
- They can become registered users at county court business centree which provides particular service fr bulk users.
Service - Introduction: What is the relevant sections of CPR?
- CPR 6.1 - 6.29
- 6A PD
- CPR 7.4 - 7.6
Service - Introduction: What is service?
Service is the process of giving a document to another party in an action in a way recognised by the court:
- There are seperate rules for service of claim form and for service of other documents.
- This section focuses on service of the claim form and other documents within England and Wales.
Service - Introduction: What are the three areas of concern relating to service?
- Who will effect service?
- How should service be effected?
- When must the claim form be served?
Service - (a) Who will effect service of claim form: Who?
Either:
* By the court; or
* By the claimant / claimants solicitor
Service - (a) Who will effect service of claim form: What is the position if court serves the claim form?
- Service will usually be by first class post.
- Once court effected service, it will sned claimant notice of issue stating the deemed date of service.
- If court is unable to, claimant will be sent notice of non-service and claimant must then try serve claim form of D.
Service - (a) Who will effect service of claim form: What is the position if claimant / solicitor wishes to serve?
- They must notify the court when issuing claim form that they do not wish court to serve.
- Court will then give or send them issued claim form with sealed copies for service on defendant(s).
- The claimant then serves and file certificate of service at court within 21 days of service, certifyin details of the date on which the claim was posted/delivered/transmitted and method and address used (CPR 6.17)
- Not necessary for CoS if defendant files ackowedgement of service within that time.
Service - (b) How should service of claim form be effected: What are methods of service for claim form?
Court will use first class, but number of methods available to claimant, but they must be methods recognise within CPR as valid: - CPR 6.3:
* Personally serving on defendant
* Leaving document at a permitted address
* First class posts
* DX
* Fax
* Other electronic method (email)
* Any other method authorised by CPR
Service - (b) How should service of claim form be effected What does each method mean?
- Personally serving on defendant - Physically leaving he claim form with a defendant who is an individual or an appropiate person in case of company or similar entity - CPR 6.5
- Leaving document at a permitted address - Depositing claim form at permitted address (wehther or not there is someone to receive it) - See below for meaning of permitted address.
- First class posts/DX - Posting the document to permitted address using first class post or using DX which is system used by legal rpofessionals providing for delivery on next business day.
- Fax - This is only permitted if defendant / solicitor indicated they accept service by fax.
- Other electronic method (email) - This is only permitted if defendant / solicitor indicated they accept service by email.
- Any other method authorised by CPR
Service - (b) How should service of claim form be effected - i) Place of Service: What if personal service used?
Defendant can be personally served wherever they are found within jursidiction as it does not rely on an address for service.
Service - (b) How should service of claim form be effected - i) Place of Service: What if leaving document at permitted address/post/DX?
Thought must be given to which address to use:
* If defendant gives in writing solicitors addresss in jurisidiction or their solicitor does, then service must be to the solicitors address - CPR 6.7.
* If not, then defendant may be served with claim form at an addresss at which defendnant resides or carried on business within the UK and which defendant has given for purpose of been served proceedings - CPR 6.8.
* If none of this applies, then address should be used as per attached table.
Service - (c) When should the claim form be served: What is the time limit for serving?
- Claim forms do not remain valid forever after issue.
- If claim form served within jurisdiction, the “relevant step” (serving above) to serve must be completed before 12 midnight on the calender day four months after the date of issue of the claim form.
Service - (c) When should the claim form be served: What if the claim form is not served within this time frame?
- The claim will fail automatically.
- If claimant still wishes to pursue, it will need to issue new claim and pay court fee again and for limitation purposes, the date the new claim issued will be the relevant date.
Service - (c) When should the claim form be served - i) Extension of time to serve What can claimant do if time limit passed?
Claimant can apply to court for an extension of time under CPR 7.6 - although not easy to obtain due to strict rules.
Service - (c) When should the claim form be served - i) Extension of time to serve When must application be made?
- Within the four month period of validity of claim form.
- Claimant will need to show good reasons for the extension and waiting for evidence/response from Defendant, unlikely to be sufficient.
Service - (c) When should the claim form be served - i) Extension of time to serve What if the application made after the deadline for service?
The court will grant extension only if:
* It is the court that failed to serve, or
* The claimant has taken all reasonable steps to comply; and
* Either way, the application has been made promptly.
**Note - ** Mistatenly serving of D’s insurers or solicitors when rules require on defendan unlikely ot justify an extension.
Service - (d) Serving the particulars of claim: What choice does claimant have?
- Include them within claim form itself or serve them in seperate document either with claim form or to follow later.
Service - (d) Serving the particulars of claim: What is the position if contained within claim form?
Claimant must also serve response pack along with claim form and particulars of claim - CPR 7.8(1) and response pack (Form N9) contains:
* Form of admission;
* Form for defending; and
* Form for acknowledging service
Service - (d) Serving the particulars of claim: What if PoC are not contained in or served with claim form?
- They must be served within 14 days of service of claim form and also within period of validity (4 months) - CPR 7.4(2)
- Once the PoC are served, claim must file a copy at court within 7 days of service, unless they have already been filed - CPR 7.4(3)
- If PoC are to follow, claimant should only serve claim form, response pack to be served later with PoC.
Service - (e) Serving documents other than the claim form: What methods are available?
Similar to those we have looked at - CPR 6.20:
* Personal service
* Delivering to or leaving the document at permitted address
* First class post / DX
* Fax or other electronic method
Service - (e) Serving documents other than the claim form: What is the position for address?
When responding to claim, defendant must give address to serve documents going forwards and this can then be used.
Deemed dates of service - Introduction: What are relevant parts of CPR?
- 6.2
- 6.14
- 6.26
- 7.5(1)
Deemed dates of service - Introduction: Why is date of service important?
- The date of service might be date from which important response deadline is calaculated and if missed, could have serious impact on defending the claim.
Deemed dates of service - Introduction: How does CPR assist with deemed date of service?
CPR uses concept of deemed date of of service in which rules prescribe date considers document served, irrespective of date it was actually received:
* This concept applies equally to claim form and other documents with different rules for each.
* Deemed date is calaculated according to rule and by reference to method of service used.
Deemed dates of service - a) Claim Form: When is claim form deemed served?
- A claim form is deemed served on the second business day after completion of the “relevant step”
- Business day means any day except saturdays, sundays, bank holidays, good friday or christmas day - CPR 6.2.
Deemed dates of service - a) Claim Form: What does the relevant step mean for service?
Relates to step necessary to effect service by each particular method above, for example, when serving by post, relevant step is posting it.
Deemed dates of service - b) Particulars of claim: What is the position if particulars contained within claim form?
Clearly part of claim form and rules for deemed service above apply.
Deemed dates of service - b) Particulars of claim: What is the position if PoC attached to or served with claim form in seperate document, within same envelope?
- Some ambiguity within the rules as to as to if above claim form service rules apply or those for other documents which could lead to different dates depsite them being in same envelope.
- A party responding to proceedings would therefore be prudent to act on assumption particulars served at earliest date.
Deemed dates of service - b) Particulars of claim: What if PoC served seperately from claim form?
The rules for deemed date of service of other documents will apply.
Deemed dates of service - c) Other documents other than claim form: What is the position for other documents?
Deemed date of service is not a uniform time after step taken as with above, but instead varies depending on method of service:
- Instant methods (Personal service, fax, email, delivering/leaving at a permitted address) - If done before 4.30PM on a business day, deemed to be served same day, otherwise next business day.
- Non-Instant (Post/DX) deemed served second day after posting / giving to DX provider, if a business day. Otherwise, deemed served the next business day.
See example on P58
Statements of Case - Introduction: What are the releant CPR?
- 5A PD 2 - Form of court documents
- 7A PD 4 - Title of proceedings
Statements of Case - Introduction: What are these documents?
- Crucial documents
- Broadly, they are documents by which claimant sets out factual basis of claim and relief soguht and defendant gives own position in relation to alleged facts and alleged entitlement to relief.
Statements of Case - a) Case Heading What msut every statement of case be headed with?
The title of the proceedings and must include (7A PD 4.1):
- The court and/or division in which claim is proceeding
- The number of the proceedings
- The full name of each party
- The party’s status in the proceedings
Statements of Case - b) Rules applicable to all statements of case: What must every statement contain?
Court documents are all presented in uniform way so must contain - 5A PD 2:
- Numbered paragraphs
- Page numbered consecutivelyAll numbers and dates in figures
- Reference in margin to every document already filed at court
- The name of the person who drafted the document (so name of individual barrister or firm of solciitors
- Statement of truth
Statements of Case - c) Statement of Truth: What must every statement of case have?
- A statement of truth - CPR 22.1(1)(a) as parts statement of case can only be used in proceedings if verified by statement of truth.
Statements of Case - c) Statement of Truth: What if document contains false statement after signing statement of truth?
Proceedings for contempt of court may be brought against person signing and can lead to sanctions, finds and or improsmnet in serious cases - CPR 32.14.
See P76 for examples o statement of truth for individual, company
Claim Form - Introduction: What is the main CPR for this section?
- 7A PD 3
- CPR 16.2-16.3
- 16 PD 2
Claim Form - Introduction: What is the purpose of the claim form?
- Used to commence proceedings and set out key elements of claim and identify the parties and this is the first statement of case.
Claim Form - Introduction: What is the structure of the claim form?
Usually on Form N1 (7A PD 3.1) so the form dictates structure and guides content to include.
**Note - Special forms sometimes apply for speciliast proceedings such as commercial court. **
Claim Form - Contents - i) Parties: What must be contained?
- Names of parties and their address
- Parties must be referred to in particuar capacity they are sued - See below.
Claim Form - Contents - ii) Addresses: What should claimant indicate?
Parties addresses that those for service, but claimant must also indicate address where it resides or carried on business, if different 16 PD 2.2.
Claim Form - Contents - iii) Claim Details: What details must claimant include about claim?
Brief detail fo their claim:
* Concise statement of nature of claim giving brief summary of type of claim (Do not confuse this with PoC)
* Remedy sought by the claimant (While this is required, court has power to grant any remedy claimant entitled, not just the one sought in claim form)
**Note - It is not necessary to expressly include a claim for costs. **
Claim Form - Contents - iii) Value of claim form: What if the claimant is making a claim for money?
If claimant making claim for money, claim form must include statement of amount claimed - CPR 16.3 and this can be set out in three ways:
* 1) Where amount of claim is specified, the statement of value can simply state this amount; or
* 2) Where the amount of the claim is for an unspecified amount (such as in tort for damage), then you can either have:
(a) A statement “the claimant expects to recover less than 10,000” or “between £10,000 - £25,000” or “more than £25,000”.(which allows track allocation. or
(b) A statement “I cannot say how much I expect to recover.”
Claim Form - Contents - iii) Value of claim form: What is courts power not limited by?
Claimant’s statement of value within the value of the claim form, the court can give judgement for whatever amount (if any) it finds the claimant is entitled to (CPR 16.3(7).
Claim Form - Contents - iii) Value of claim form: What if a PI claim?
Claimant must state if amount which claiamnt expets to recover for PSLA is or is not more than £1k.
Claim Form - Contents - iii) Value of claim form: What if claimant choses to issue in High court if they have choice?
Special “jurisdictional endorsement” must be included in the claim form - CPR16.3(5).
If in relation to claim for money, if claim issued in high court, it must:
- state that claimant expects to recover more than £100,000
- State that some other enactment provides the claim may only be commenced in the high corut and specify the enactment.
- If the claim is a claim for PI, state claimant expects to recover £50,000 or more, or
- State that the claim is to be one of the specialist High court lists and state which list
Claim Form - Contents - iii) Value of claim form: What is taken into account for calaculating statement of value in claim?
No account is taken of:
* Interest
* Costs
* Counterclaims
* Set off
* Contrib Negligence or
* State benefits the defendant may be liable to pay under social security (recovery of benefits) act 1997.
Therefore - Consider position when issuing claims in which if £95,000 claim with £10,000 interest or any of the others, this would not make it £105,000 - It would still be issued in county court as less than £100,000.
Claim Form - Contents - iv) Particulars of Claim(attached)(tofollow) What is general position?
- In anything other than very simple cases, particulars will be seperate standalone document.
- However, there is space to include particulars on the claim form itself if relevatively consise such as simple debt claim.
Particulars of Claim - Introduction: What are the relevant parts of CPR?
- CPR 16.4
- CPR 16 PD 3-8
Particulars of Claim - Introduction: What is the purpose of the particulars of claim?
- They set out claimants claim in full detail and is the mains tatement of case and will be referred to by court and all parties when identifying basis of claim.
- Similar to other statements of case, there are certain requirements regarding the contents.
Particulars of Claim - a) Contents - i) General: What are the general requirements for a POC?
- Must include concise statement of facts which C relies and tell a story to assist reader in understanding case - CPR 16.4(1)(a)
- Must cover essential eelemtns of the claimant’s cause of action
- POA must therfore set out all material facts and allegations which if proven, would entitle claimant to remedy it seeks
- Therfore, the fact should show the duty owned by defendant to C, the breach and that the breach caused recoverable loss.
- PoC should not set out law, evidence or argyuments, simply facts of case.
Particulars of Claim - a) Contents - ii) Specific: What are the specific requirements?
The CPr sets out specific requirements for PoC in specific situtations:
* They should set out any claim for aggravted damages, exemplary damages and or provisional damages and grounds for claiming them - CPR 16.4
* In PI claims, PoC should include C’s date of birth, details of injuries, attach schedule of past and future expenses and report of any medical pracitioner relied on - 16 PD 4
* A claim in relation to possesion, occupation, use or enjoyment of land or for an injunction or declaration to land, must identify the land and make clear if it includes rental premises.
* Where claim based onw ritten agreement, it should be attached with any general conditions incorporated - 16 PD 7.3.
* Where claim based on oral agreement, particulars should set out words spoke, by whom, to whom, when and where - 16 PD 7.4.
* Where claim is based on agreement by conduct, PoC should set out conduct relief on and state by whom, when and where the acts were done 16 PD 7.5.
* Any human rights arguments relief on/relief sought 16 PD 14 must be included in PoC.
Particulars of Claim - a) Contents - iii) Interest: What right do claimns have in respect of interest?
- Right to claim interest on prinicpal amount claimed.
- If claimant seeks, they mustinclude staement to that effect and details must be set out in PoC.
Particulars of Claim - a) Contents - iii) Interest: What is the legal basis for claiming interest
The legal basis may either be:
* Set out in contract between parties or failing that,
* There is statutory right to interest under s35A of senior counts act 1981 in high court and s69 County Courts Act 1984 in county court.
Particulars of Claim - a) Contents - iii) Interest: What are the two ways interest is calaculated?
- Calaculating exactly the amount of interest claimed or
- Claiming “pleading” the interest generally
Particulars of Claim - a) Contents - iii) Interest: What is the position for calaculating exactly?
This is only used if Claimant making specified claim, for this, you would need to set out:
* The applicable percentage rate
* The dates from/to which interest is being claimed
* The total amount claimed up to the issue of claim form and
* The deaily rate of interest thereafter
Particulars of Claim - a) Contents - iii) Interest: What is the position for pleading interest generally?
This is used if claimant pursuing unspecified claim so where court will need to determine damages if parties do not agree such as loss of good will, loss of future earnings, any damages where remotness, foreseeability or mitigation in issue.
Particulars of Claim - a) Contents - iii) Interest: What if claim partly specified and unspecified?
For hybrid claims, you have a choice:
* treat the claims seperately, working out interest for specified party and making general claim for unspecified, or
* State the woc laims together come toa total which is unspecified and therefore treat the whole claim as unspecified.
Particulars of Claim - a) Contents - iii) Interest: What applies for statutory interest claims with S35A SCA 1981 and S69 CCA 1984?
The following apply for award of interest:
* Generally, court has discretion as to whether to award interest and how much from the date the cause of action accrued until judgement (or until payment, if before)
* In PI, claims where damages over £200 awarded, some interest must be awarded unless special reasons for not doing so but amount rmains court discretion.
* In debt claims, if defendant pays whole debt during proceedings, some interest must be awarded, but amount still in court discretion.
Particulars of Claim - b) Structure: What should PoC follow?
Logical structure which sets out duty, causation and loss.
See image for standard paragrapghs and wording which will almost always be included.
Particulars of Claim - b) Structure: What should be inclluded before final formalities such as name of firm/barrister and statement of truth?
- Summary of remedies sogyuht by the claimant.
- This is also known as the “prayer” and it provides court and defendant with a quick means by which to ascertainw hat claimant actually wants.
