2 PoC

Question 1

Court and/or division

Answer 1

IN THE HIGH COURT OF JUSTICE QUEEN’S BENCH DIVISION

Question 2

Check names

Answer 2

Full name of each party

Do not use abbreviations – LIMITED, not LTD

Question 3

1st paragraph

Answer 3

At all material times the Claimant was …, and the Defendant was …

Question 4

Statement of truth - if person signing doc IS actual party to proceedings

Answer 4

‘I believe that the facts stated in this Particulars of Claim are true
Signed [party’s signature]’

Question 5

Statement of truth - if person signing doc NOT actual party to proceedings

Answer 5

‘The Claimant believes that the facts stated in this Particulars of Claim are true. I am duly authorised to sign this statement.
Signed [party’s signature]’

Question 6

How would a managing D sign PoC?

Answer 6

‘The Claimant believes that the facts stated in this Particulars of Claim are true. I am duly authorised to sign this statement.
Signed [party’s signature]’

Question 7

DUTY - contract

Answer 7

It was an express/implied term of the Contract (at clause x) that the Defendant …

Question 8

DUTY - tort

Answer 8

It was an express/implied term of the Contract (at clause x) that the Defendant …)
‘The Defendant owed the Claimant a duty of care in tort’

Question 9

What should you consider first?

Answer 9

BREACH

Question 10

DUTY - if express written

Answer 10

16 PD 7.3: claim based on written agreement ⇾ include copy contract / docs

Question 11

DUTY - if express oral

Answer 11

16 PD 7.4: claim based on oral agreement ⇾ set out contractual words used & state by whom, to whom, when & where they were spoken

Question 12

If both express & implied term

Answer 12

plead express term & then ‘further or in the alternative’ implied term

Question 13

If both contractual term & duty at common law

Answer 13

plead ‘further or in the alternative’ duty owed at CL (tort).

Question 14

Where should background facts as to the duty be included?

Answer 14

before stating the duties

Question 15

background facts if implied term for goods

Answer 15

include details of the standard that has not been met – the description which the goods don’t fit / the quality / the fact that the D was informed of the particular purpose

Question 16

background facts if tort

Answer 16

If standard of care was higher duty than normal ⇾ insert paragraph to show this

Question 17

BREACH - wording

Answer 17

In breach of the [express/implied term / duty of care in tort] referred to in paragraph Y …

Question 18

What MUST be set out in relation to the breach?

Answer 18

Show what C has actually done ⇾ show court that C has fulfilled his side of the bargain

Question 19

Where should background facts in relation to the breach be set out?

Answer 19

after stating the breach(es).

PARTICULARS OF BREACH

Question 20

CAUSATION - wording

Answer 20

As a result of the breach(es) referred to in paragraph Y above, the Claimant [had to purchase / wasn’t advised…] …

Question 21

LOSS OF REPUTATION WORDING

Answer 21

Further, as a result of the breaches set out above, the Claimant has suffered damage to its reputation

Question 22

LOSS - wording

Answer 22

As a result of the breach(es) referred to in paragraph Y above, the Claimant has suffered loss and damage

Question 23

LOSS - setting out details

Answer 23

PARTICULARS OF LOSS AND DAMAGE

Always put a total as a headline figure for judge reading the ‘PARTICULARS OF LOSS AND DAMAGE’, even if you have unspecified amounts to add

Question 24

Interest - can be pursuant to…

Answer 24

CONTRACT or STATUTE:

a. HC: s.35 Senior Courts Act 1981
b. CC: s.69 County Courts Act 1984

Question 25

Interest SPECIFIED - WORDING

Answer 25

The Claimant also claims interest pursuant to...from the due date of [the invoice] to today’s date at the rate of 8% per annum in the total sum of X Particulars of Interest 8% of [X claimed] for the period of A to B inclusive (C days at the daily rate of Y) = X 1. Further, the Claimant claims interest as above from today’s date until judgment or earlier payment at a daily rate of Y

Question 26

Interest UNSPECIFIED - WORDING

Answer 26

The Claimant claims interest on the damages referred to in paragraph [] above pursuant to [clause [A] of the contract or section 35A Senior Courts Act 1981 or section 69 County Courts Act 1984] at such rate and for such period as the court thinks fit

Question 27

summary of remedies - specified claim

Answer 27

AND THE CLAIMANT CLAIMS: (i) the said sum of []; (ii) interest under paragraph A above to today’s date in the sum of Y; and (iii) further interest under paragraph B above at a daily rate of Z until judgment or earlier payment

Question 28

summary of remedies - unspecified claim

Answer 28

AND THE CLAIMANT CLAIMS: (i) damages under paragraph X above; and (ii) interest under paragraph Y above

Question 29

what should you use if client doesn't know exact date of event?

Answer 29

'on or about'

Question 30

what should parties be referred to in doc?

Answer 30

Claimant or Defendant NEVER their name!!

Question 31

what DOESNT need an extra paragraph number

Answer 31

PARTICULARS OF BREACH & PARTICULARS OF LOSS AND DAMAGE