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#16840 - Statements Of Case - Civil Litigation

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STATEMENTS OF CASE

Statements of case are the documents that all parties to the litigation produce and which contain a formal statement of each party’s case. They focus the court and parties on the pertinent issues. Documents include:

  • Claim form

  • Particulars of Claim

  • Defence (and counterclaim if necessary)

  • Reply and defence to counterclaim if necessary

PD 7A 4.1 – The claim form and every other statement of case, must be headed with the title of the proceedings. The title should state:

  2. the number of proceedings,

  3. the court or Division in which they are proceeding,

  4. the full name of each party,

  5. each party’s status in the proceedings (i.e. claimant/defendant).

Claim Form (template in WS04 d1)

The Claim Form must be completed even where particulars of claim are set out in or attached.
Part 7 Claim Form
CPR 16.2(1) The claim form must –

  1. contain a concise statement of the nature of the claim;

  • identify the cause of the action and give enough detail so that the court and the other side know what sort of case it is; e.g.

    • if negligence: whether personal injury claim, fatal accident, or professional negligence

    • if contract: what sort of contract – sale of goods, supply of services, etc.

  • identify incident by date and place

  1. specify the remedy which the claimant seeks;

  • must specify the remedy sought but the court may grant a remedy where not specified in the claim form (CPR 16.2(5))

  1. where the claimant is making a claim for money, contain a statement of value in accordance with rule 16.3*;

  1. where the claimant’s only claim is for a specified sum, contain a statement of the interest accrued on that sum; and

  • if claim for damages, interest should be included

  1. contain such other matters as may be set out in a practice direction.
Part 8 Claim Form Alternative procedure for claims – to be used where:
CPR 8.1(2)(a) The claimant seeks the court’s decision on a question which is unlikely to involve a substantial dispute of fact; i.e. a ruling on a point of law sought or construction of a document; or
CPR 8.1(6) A rule or PD may require or permit its use for specified proceedings; and
/ The claimant seeks speedy resolution of claim without particulars of claim etc.
CPR 8.2

Contents

Where the claimant uses the Part 8 procedure the claim form must state –

  1. that this Part applies;

  1. the question which the claimant wants the court to decide; or

  2. the remedy which the claimant is seeking and the legal basis for the claim to that remedy;

  1. if the claim is being made under an enactment, what that enactment is;

  2. if the claimant is claiming in a representative capacity, what that capacity is; and

  3. (e) if the defendant is sued in a representative capacity, what that capacity is.

Procedure

  • Issue claim form and file evidence at the same time

  • Claim form and evidence served on defendant

  • Directions will be given

  • Allocation to track

  • Most disposed of with a hearing
PD 8B: procedure for claims under either: PAP for low value PI claims where parties are unable to agree damages payable, or compliance with the relevant protocol is impossible before end of limitation period. Also to be followed where: C is a child, settlement has been agreed at end of Stage 2 and the approval of the court is required in relation to the settlement in accordance with CPR 21.10(2).

Amount Claimed

  • If a fixed amount, insert the value in the box on the lower right side of the front of the form.

  • If not claiming a fixed amount, what are the alternatives?
CPR 16.3(2)(b)(i)

  • The claimant does not expect to recover more than 10,000;
CPR 16.3(2)(b)(ii)

  • The claimant expects to recover more than 10,000 but not more than 25,000;
CPR 16.3(2)(b)(iii)

  • The claimant expects to recover more than 25,000.
CPR 16.3(2)(c)

  • The claimant expects to recover more than 25,000 recover.

  • If a personal injury claim, insert in addition:
    'The claimant's claim includes a claim for personal injuries and the amount he expects to recover as damages for pain, suffering and loss of amenity is'
CPR 16.3(3) EITHER (a) not more than 1,000; or (b) more than 1,000.
Statement of Truth [for a statement of case]
PD 22 2.1 ‘[I believe]/[the (e.g. claimant) believes] that the facts stated in this claim form are true.’

* CPR 16.3: Statement of value to be included in the claim form

  1. This rule applies where the claimant is making a claim for money.

  2. The claimant must, in the claim form, state –

  1. the amount of money claimed;

  2. that the claimant expects to recover –

  1. not more than 10,000;

  2. more than 10,000 but not more than 25,000; or

  3. more than 25,000; or

  1. that the claimant cannot say how much is likely to be recovered.

  1. In a claim for personal injuries, the claimant must also state in the claim form whether the amount which the claimant expects to recover as general damages for pain, suffering and loss of amenity is –

  1. not more than 1,000; or

  2. more than 1,000.

  1. 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 claimant must also state in the claim form –

  1. whether the estimated costs of those repairs or other work is –

  1. not more than 1,000; or

  2. more than 1,000; and

  1. whether the value of any other claim for damages is –

  1. not more than 1,000; or

  2. more than 1,000.

  1. If the claim form is to be issued in the High Court it must, where this rule applies –

  1. state that the claimant expects to recover more than 100,000;

  2. state that some other enactment provides that the claim may be commenced only in the High Court and specify that enactment;

  3. if the claim is a claim for personal injuries state that the claimant expects to recover 50,000 or more; or

  4. state that the claim is to be in one of the specialist High Court lists and state which list.

  1. When calculating how much the claimant expects to recover, the claimant must disregard any possibility –

  1. that the court may make an award of –

  1. interest;

  2. costs;

  1. that the court may make a finding of contributory negligence;

  2. that the defendant may make a counterclaim or that the defence may include a set-off; or

  3. that the defendant may be liable to pay an amount of money which the court awards to the claimant to the Secretary of State for Social Security under section 6 of the Social Security (Recovery of Benefits) Act 1997.

  1. 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 claimant is entitled to.

Particulars of Claim

Stage Contents
1

The parties and background:

  • Parties involved in the case

  • In the course of business or a consumer
2

The Contract:

  • State that there was a contract, the date, the parties

  • Written or oral

  • Subject matter of the contract

  • Consideration given
3

The Terms:

  • The material terms that the claimant alleges the defendant breached

  • State whether they were express or implied

    • Express terms are always pleaded first

    • If implied, state basis that they are implied if not obvious (obvious would include: good service would be of satisfactory qualify and fit for purpose)

  • Set out effect of terms
4 & 5

The Defendant’s Knowledge:

  • If you are relying on the defendant’s knowledge of certain facts to show that the loss and damage you are seeking to recover was within his contemplation and so not too remote, you need to state those facts and allege that he had the knowledge

Performance of the Contract:

  • This stage is only necessary if you need to show that the claimant fulfilled his part of the contract and is due to be paid
6

The Breach:

  • Breach of contract MUST be expressly alleged and particularised

  • Start my alleging that the defendant was in breach of contract and then set out what it is that constitutes the breach

  • Give relevant dates of breach
7

Loss and Damage:

  • You must allege causation AND damage

  • Must show how the breach caused the loss and damage

  • MUST give particulars of loss and damage by stating the nature of the loss and the basis on which the claimant wants damages to be assessed

  • Set this out in an itemised list and quantify each item as far as possible

  • Show how the final figure is calculated
8

Interest:

  • MUST state that claimant claims interest either:

    • Under the contract; or

    • Under an enactment

      • High Court – SCA 1981 s.35A

      • County Court – CCA 1984 s.69 (most common in WS)

      • Late Payment of Commercial Debts (Interest) Act 1998

  • Interest can be Specified or Unspecified

  • Example of Unspecified: “Interest pursuant to [relevant act] to be assessed.”
9

Remedies:

  • Where more than one remedy sought, state them in the prayer

  • “AND the Claimant claims……”
10

Statement of Truth [for a statement of case] – PD 22 2.1

  • Document needs to have a statement of truth to be admitted as evidence

  • ‘[I believe]/[the (e.g. claimant) believes] that the facts stated in this particular of claims are true.”

Defence (WS07 d1 & d4)

  • Purpose of the defence is not just to respond to the points raised in the particulars of claim, but also serves to state D’s case
CPR 16.5

The defence must state:

(a) which of the allegations in the particulars of claim he denies;

(b) which allegations he is unable to admit or deny, but which he requires the claimant to prove; and

(c) which allegations he admits
PD 16 10.7 Where D is an individual, he must give his date of birth; and
PD 16 10.4 His correct address

Structure (for contract)

  • Take each paragraph of the particulars of claim and...
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