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SQE 1 > DR 6&7 - Statement of Case > Flashcards

DR 6&7 - Statement of Case Flashcards

1
Q

What are the main statements of case?

A
  • Claim form
  • PoC
  • Defence
  • Counterclaim
  • Reply
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2
Q

What is the structure of a statement of case?

A
  • Title of Proceedings
  • Contents Specific to that Doc
  • Statement of Truth
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3
Q

What does every statement of case need at the end and why?

A

Needs a statement of truth that verifies the statement of case
Can lead to proceedings for contempt of court if it contains false info

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4
Q

What makes up the contents of a claim form?

A

Sets out the key elements of the claim e.g. party identities; addresses
- Concise statement of nature of the claim 📝 🤏
- Remedy sought 🎁
- For money, specified, unspecified or known statement of value of the claim 💰
- If choosing between courts, jurisdictional endorsement 🧑‍⚖️

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5
Q

What is the purpose of the defence?

A

Reacts to every point/allegation in the particulars of claim, stating full details of D’s own case
Each allegation must be dealt with individually

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6
Q

How can a D respond to each allegation in the defence?

A
  • Admit fact
  • Deny fact (with reasons)
  • Require proof of allegation (where they can’t deny or admit it)
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7
Q

Is a ‘bare denial’ without reasons acceptable?

A

No

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8
Q

What happens if a D fails to deal with an allegation?

A
  • deemed to admit it
  • Unless it’s a money claim where it’s not admitted to unless D specifically does so
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9
Q

What other things can be included in a defence?

A
  • Limitation period defence 🕰️
  • statement of value dispute 💰
  • For PI claims, response to schedule of past/future expenses and losses, and medical report 🩻💰
  • mitigation or reduction of damages 🫵
  • counterclaims 🤬
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10
Q

What is a ‘Reply’?

A
  • optional statement of case served by C
  • filed with directions questionnaire in the form of ‘Reply and Defence to Counterclaim’
  • facts not included in C’s claim form
  • last statement of case - permission needed to file one after this
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11
Q

What is a counterclaim?

A

Establishes duty, breach, causation and loss against C
May or may not be related to original case

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12
Q

When is a counterclaim made?

A

Single doc with defence following on from the defence ‘Defence and Counterclaim’ and pay a fee

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13
Q

What is the defence of ‘set-off’?

A

the facts that give rise to a counterclaim may also amount to a defence in the main claim
Can be a partial or complete defence to main claim
Has effect of extinguishing any claim up to same amount against D

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14
Q

How can a C respond to a counterclaim?

A

By admitting or defending (just like the defence to the original claim)

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15
Q

How long does a C have to serve defence to a counterclaim?

A

14 days of service of counterclaim

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16
Q

How can a party request for further information about statements of case?

A
  • Expected to do so on voluntary basis first, only applying to court if request can’t be resolved
  • They serve a written request on other party stating date for response, including a statement of truth 📝📆
  • If the other party objects, must do so within timeframe set out in request and give reasons 🤬
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17
Q

What is an additional claim

A

Any claim other than the claim made by the claimant against the defendant

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18
Q

Who can make an additional claim

A

The defendant

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19
Q

who should an additional claim be made to if the defendant wants a party connected to the CLAIMANT to be joined in their counter claim?

A

C and the 3rd party
(If there’s no connection between C1 and third party, then this would just be a new claim against the 3rd party)

20
Q

who should an additional claim be made to if the defendant wants to claim an indemnity against another DEFENDANT?

A

The 3rd party
(used where D1 and D2 could both be liable)

21
Q

What is an indemnity?

A

An additional claim by D for the whole of the sum due to someone else (i.e. C)

22
Q

What is a contribution?

A

An additional claim by D for a part of the sum due to someone else (i.e. C)

23
Q

Will a classic counterclaim by D need permission from the court if filed at the same time as the defence?

A

No

24
Q

Will a classic counterclaim by D need permission from the court if filed after the defence?

A

Yes

25
Q

Will a counter claim by D against C AND a person other than C need permission from the court if filed at the same time as the defence?

A

Always
(permission for this counterclaim is required both before and after defence is filed)

26
Q

Will a claim by D for indemnity/contribution against a 3rd party already party to proceedings need permission from the court if filed at the same time as the defence?

A

No

27
Q

Will a claim by D for indemnity/contribution against a 3rd party newly joined to proceedings by someone other that D need permission from the court if filed within 28 days of D2’s defence?

A

No

28
Q

Will a claim by D for indemnity/contribution against a 3rd party already party to proceedings need permission from the court if filed at any other time as the defence?

A

Yes
Whether existing party but D did not originally include them in their defence
OR
Newly added party where D did not claim within 28 days of D2 filing their defence

29
Q

Will claims by D against a person not party to proceedings need permission from the court if filed at the same time as D serves the defence?

A

No
(these are normally claims against someone that C could have chosen to join the dispute as D2 but has chosen not to. D1 will want a claim against them to recover funds if D2 also had a part to play in the loss).

30
Q

Will claims by D against a person not party to proceedings need permission from the court if filed at any other time as D serves the defence?

A

Yes
(these are normally claims against someone that C could have chosen to join the dispute as D2 but has chosen not to. D1 will want a claim against them to recover funds if D2 also had a part to play in the loss).

31
Q

How is permission to the court for additional claims made?

A

Normal interim procedure

32
Q

When should an additional counterclaim be served?

A
  • If no permission is needed: 14 days of it being issued
  • If permission is required: the court will direct when
33
Q

Who should an additional counter claim be served on?

A
  • D2
  • All other parties
34
Q

How is a classic counterclaim served

A

With the defence set out after the defence as one document

35
Q

What happens if a new D2 to an additional claim does not respond within 14 days?

A

D1 can request a default judgement against D2

36
Q

What happens if an existing D2 to an additional claim does not respond within 14 days?

A

D1 cannot apply for a default judgement

37
Q

What must amendments to statements of case be verified by?

A

Statements of truth

38
Q

When can amendments be made to statements of case without courts permission or consent?

A

Before the statement of case is served

39
Q

What is an amendment by consent?

A
  • Any statement of case can be amended at any time with consent of all other parties
  • Court may still disallow any such amendments
40
Q

When does a party need court’s permission to amend a statement of case?

A

Statement of case has been served & written consent of all parties hasn’t been given

41
Q

How does a party get court’s permission to amend a statement of case?

A

Must file application notice with the court together with a copy of the proposed amended statement of case

42
Q

What should be done if permission is given for an amendment to a statement of case?

A
  • The amended statement of case should be filed within 14 days of such order granting amendment
  • Copy sent to every party to proceedings
  • Must have an endorsement on it and
  • Must be re-verified by statement of truth if substance has changed
43
Q

What is a late amendment?

A

One sought close to the trial date & court more likely not to allow it

44
Q

Can a claimant be added without their consent?

A

No

45
Q

What is the general rule and exceptions that apply to adding parties to a claim after the limitation period?

A

Not allowed unless
original set-off/counterclaim raised by amendment or where otherwise provided for

SQE 1 (149 decks)

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