#16082 - Statements Of Case Interest Convictions - BPC Civil Litigation

Statements of Case

CPR, Part 16—Statements of Case & PD 16 integrated

16.1, This Part DOES not apply where C uses Part 8 procedure (alternative procedure for claims)

PD 16, Para 1, General

• Where special provisions about statements of case are made by the rules & PDs applying to particular types of proceedings, the provisions of Part 16 and this PD apply only to the extent they are not inconsistent with those rules & PDs.

• egs of types of proceedings with special provisions re statements of case, including:

  • (1) defamation claims (Part 53)

  • (2) possession claims (Part 55); and

  • (3) probate claims (Part 57).

• If exceptionally a statement of case exceeds 25 pages (excluding schedules) an appropriate short summary must also be filed and served.

Claim Form

16.2, Contents of the claim form

• (1) the claim form must:

  • (a) contain a concise statement of the nature of the claim;

  • (b) specify the remedy which C seeks;

  • (c) where the C is making a claim for money, contain a statement of value (in accordance with rule 16.3);

  • (cc) where C’s only claim is for a specified sum, contain a statement of the interest accrued on that sum;

  • (d) contain such other matters as may be set out in a PD [[ see PD 16, Para 2 below, requirements eg addresses, full names, title of proceedings etc]].

• (1A): in civil proceedings against the Crown, claim form must also contain:

  • (a) the names of the gov departments & officers of the Crown concerned; and

  • (b) brief details of the circumstances in which it is alleged that the liability of the Crown arose.

• (2), if the particulars of claim specified in rule 16.4 [[content of the particulars of claim]] are not contained in/served with, the claim form the C must state on the claim form that the particulars of claim will follow.

• (3) if the C is claiming in a representative capacity, the claim form must state what that capacity is.

• (4) if D is sued in a representative capacity, the claim form must state what that capacity is.

• (5) the court may grant any remedy to which the C is entitled, even if that remedy is not specified on the claim form.

• A claim form (and PoC if not included in claim form) must be verified by a statement of truth (Part 22)).

  • (PD 7A): form of the statement of truth is as follows: “[I believe][the claimant believes] that the facts stated in [this claim form] are true.”

PD 16, Para 2, The Claim form

• Rule 16.2 refers to matters which the claim form must contain. Where claim is for money, claim form must also contain statement of value in rule 16.3.

• Claim form must include an address at which the CLAIMANT resides or carries on business.

  • This para applies even though C’s address for service is the business address of his solicitor.

• Where the DEFENDANT is an individual: the C should (if able to do so) include in claim form an address at which the D resides or carries on his business.

  • This para applies even though the D’s solicitors have agreed to accept service on the D’s behalf.

• Any ‘address’ which is provided for purposes of these provisions must include a postcode or its equivalent in any EEA state (if applicable); unless the court orders otherwise.

  • Postcode info for UK may be obtained from royalmail.com or Royal mail Address Management Guide.

• If claim form does not show full address (including postcode) at which the C(s) and D(s) reside or carry on business

  • the claim form will be issued, but will be retained by the court and not be served until the C has supplied a full address (including postcode), OR until court has dispensed with the requirement to do so.

  • The court will notify the C.

PD 16, The claim form must be headed with: the title of the proceedings, including the full name of each party.

• The “full name” means, in each case where it is known:

  • (a) in case of an individual: his:

    • (1) full, unabbreviated name

    • AND (2) title by which he is known;

  • (b) [[sole traders] in the case of an individual carrying on business in a name other than his own:

    • (1) the full unabbreviated name of the individual; AND

    • (2) the title by which he is known; AND

    • (3) the full trading name [[EG: John Smith ‘trading as’ or ‘T/as’ ‘JS Autos’]].

  • (c) for a partnership (other than a LLP (limited liability partnership))

    • (i) where partners are being sued in name of the partnership:

      • (1) the full name by which the partnership is known at date of accrual of cause of action

      • AND (2) the words “(A Firm)”; OR

    • (ii) where partners are being sued as individuals, the

      • (1) full unabbreviated name of each partner

      • AND (2) the title by which he is known;

  • (d) in the case of a company or LLP registered in Eng & Wales: the full registered name, including suffix (plc, limited, LLP etc), if any;

  • (e) in the case of any other company or corporation, the full name by which it is known, including suffix where appropriate

• (for info re how & where a claim may be started see Part 7 and PD 7A).

16.3, Statement of value to be included in the claim form [[where claim is for money]]

• (1) this applies where: C is making a claim for money.

• (2), C must, in the claim form, state:

  • (a) the amount of money claimed;

  • (b) that the C expects recover:

    • (i) not more than 10,000

    • (ii) more than 10,000 but not more than 25,000

    • (iii) more than 25,000;

  • OR (c) that the C cannot say how much is likely to be recovered.

• (3) in a claim for PIs: C must also state in the claim form whether the amount the C expects to recover as general damages for pain, suffering & loss of amenity is:

  • (a) not more than 1,000; or

  • (b) more than 1,000.

• (4) in a claim which includes a claim by a tenant of residential premises against a landlord, where the tenant is seeking an order requiring the landlord to carry out repairs or other work to the premises, the C must also state in the claim form:

  • (a) whether the estimated costs of those repairs or other work is:

    • (i) not more than 1,000; OR

    • (ii) more than 1,000;

  • AND

  • (b) whether the value of any other claim for damages is:

    • (i) not more than 1,000; or

    • (ii) more than 1,000.

• (5) if the claim form is to be issued in the High Court, it must, where this rule applies:

  • (a) state that the C expects to recover more than 100,000; OR

  • (b) state that some other enactment provides that the claim may be commenced only in the High Court & specify that enactment;

  • (c) if the claim is for PIs, state that the C expects to recover 50,000 or more; OR

  • (d) state that the claim is to be in one of the specialist High Court lists and state which list.

• (6) when calculating how much the C expects to recover, the C must disregard any possibility:

  • (a) that the court may make an award of:

    • (i) interest;

    • (ii) costs;

  • (b) that the court may make a finding of contrib neg;

  • (c) that the D may make a counterclaim or that the defence may include a set-off; or

  • (d) that the D may be liable to pay an amount of money which the court awards to the C to the Secretary of State for Social Security under s6 Social Security (Recovery of Benefits) Act 1997.

• (7) the statement of value in the claim form does not limit the power of the court to give judgment for the amount which it finds the C is entitled to.

Particulars of Claim (PoC)

CPR 16.4, Content of the PARTICULARS OF CLAIM

• [[and need to look at PD 16, below, for further contents needed]]

• (1) Particulars of claim must include:

  • (a) a concise statement of facts on which the C relies;

  • (b) If C is seeking interest, a statement to that effect & the details in para (2);

  • (c) if C is seeking aggravated damages or exemplary damages, a statement to that effect & his grounds for claiming them;

  • (d) if the C is seeking provisional damages, a statement to that effect & his grounds for claiming them; and

  • (e) such other matters as may be set out in a PD.

• (2) if C is seeking interest, he must:

  • (a) state whether he is doing so:

    • (i) under the terms of a contract

    • (ii) under an enactment and if so which; or

    • (iii) on some other basis and if so what that basis is;

  • AND

  • (b) if the claim is for a specified amount of money, state:

    • (i) the percentage rate at which interest is claimed;

    • (ii) the date from which it is claimed;

    • (iii) the date to which it is calculated, which must not be later than the date on which claim form is issued;

    • (iv) the total amount of interest claimed to the date of calculation; and

    • (v) the daily rate at which interest accrues after that date.

• PoC to be verified by a statement of truth (if PoC is not included in the claim form)).

PD 16

Para 3, Particulars of claim

• if practicable, the PoC should be set out in the claim form.

• Where C does not include the PoC in the claim form, the PoC may be served separately:

  • (1) EITHER at the same time as the claim form; OR

  • (2) within 14 days after service of the claim form [[rule 7.4(1)(b)]]

    • provided that the service of the PoC is not later than the latest time allowed for serving a claim form, i.e. not later than 4 months from date of issue of the claim form [7.4(2) & 7.5(1)]

    • or 6 months where the claim form is to be served out of the jurisdiction [r7..5(2)].

• If the PoC are not included in or served with, the claim form: the claim form must also contain a statement that particulars of claim will follow.

• PoC which are not included in the claim form must be verified by a statement of truth, the form of which is: “[I believe][the claimant believes] that the facts stated in [this claim form][these particulars of claim] are true.”

  • Attention is drawn to rule 32.14, which sets out the consequences of verifying a statement of case containing a false statement...