Statements of Case (Syllabus 8) Flashcards
When does CPR 16 (statements of case) not apply?
where the claimant uses the Part 8 procedure
What must the claim form contain?
(1) a concise statement of the nature of the claim
(2) the remedy which the claimant seeks
(3) where the claimant is making a claim for money, a statement of value
(4) where the claim is for a specified sum, a statement of interest accrued on that sum; and
(5) contain such other matters as may be set out in a PD.
What must a claim form in proceedings against the Crown contain?
(1) the names of the government departments and officers of the Crown concerned; and
(2) brief details of the circumstances in which it is alleged that the liability of the Crown arose.
Can the court grant a different remedy than what is specified in the claim form?
Yes, the court can grant any remedy that the claimant is entitled to.
What must the claimant state in the claim form if they are making a claim for money?
the amount of money claimed;
the amount that the claimant expects to recover; or
that the claimant cannot say how much is likely to be recovered.
What must the claimant disregard when calculating how much they expect to recover?
(1) that the court may make an award of interest or costs;
(2) that the court may make a finding of contributory negligence
(3) that the defendant may make a counterclaim or that the defence may include a set-off
(4) that D may be liable to pay money which is awarded to the claimant under s.6 Social Security (Recovery of Benefits) Act 1997
What must the PoC include?
(1) a concise statement of the facts on which C relies
(2) if the claimant is seeking interest, a statement to that effect
(3) if C is seeking aggravated damages a statement to that effect
(4) if C is seeking provisional damages, a statement to that effect and his grounds for claiming them;
(5) any other matters set out in the PD
What are some examples of proceedings with special rules about statements of case?
defamation claims, possession claims and probate claims.
If a statement of case exceeds 25 pages what must also be filed?
an appropriate short summary must also be filed and served.
What details must be on the claim form?
the address at which the claimant resides or carries business, this applies even if the address for service is the solicitors.
if the defendant is an individual the defendant’s address, even if service is at his solicitors.
What can the court do if the claim form does not show a full address for the claimant(s) and defendant(s)?
the claim form will be issues but retained by the court and not served until the claimant has supplied a full address
What is the full name of a party that should appear on the title of the claim form?
(1) for an individual his full unabbreviated name and the title by which he is known;
(2) in the case of an individual carrying on business in a name other than his own name- the full name of the individual and the full trading name
(3) for a company or corporation - the full name by which they are known
What must the claim form state if the PoC are not included or attached to it?
that the PoC will follow
Do the PoC need to be verified with a statement of truth?
Yes
What must be included in the PoC for personal injury claims?
(1) the claimant’s date of birth, and
(2) brief details of the claimant’s personal injuries
(3) a schedule of details of past and future expenses and losses must be attached to the PoC
(4) any evidence from a medical practitioner which is relied on should be served with/attached to the PoC
What should be included in the PoC for a provisional damages claim?
(1) that the claimant is seeking an award of provisional damages under either section 32A Senior Courts Act 1981, or section 51 County Court Act 1984.
(2) that there is a chance that at some future time the claimant will develop some serious disease or suffer a serious deterioration in his physical or mental condition, and
(3) specify the disease or type of deterioration in respect of which an application may be made on a future date.
Where a clam is made for an injunction or declaration in respect of any land or the possession, use or enjoyment of land what must the PoC state?
whether or most the injunction or declaration relates to residential premises and identify the land (with reference to a plan if necessary).
What should be attached to the PoC if a claim is based upon a written agreement?
a copy of the contract or documents constituting the agreement should be attached
What should the PoC set out if the claim is based on an oral agreement?
any contractual words used and sated by whom, to whom, when and where the acts constituting the conduct were done.
What must be included in the PoC if a claimant wishes to rely on evidence of a conviction of an offence or a finding of adjudication of adultery or paternity?
(1) the type of conviction, finding or adjudication and its date.
(2) the court or Court-Martial which made the conviction, finding or adjudication, and
(3) the issue in the claim to which it relates.
What matters must be set out in the PoC if the claimant intends to rely on them?
(1) any allegation of fraud
(2) the fact of illegality
(3) details of any misrepresentation
(4) details of all breaches of trust
(5) notice or knowledge of a fact
(6) details of unsoundness of mind or undue influence
(7) details of wilful default; and
(8) any facts relating to a claim for mitigation expenditure.
What must the PoC state when the claim is for a sum of money expressed in a foreign currency?
(1) that the claim is for payment in a specified foreign currency
(2) why it is for payment in that currency
(3) the Sterling equivalent of he sum at the state pop the claim, and
(4) the source of the exchange rate relied on the calculate the sterling equivalent.
In clinical negligence claims do the words clinical negligence need to be inserted at the top of every statement of case?
Yes
