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Civil - Unit 2 > 4. Statements of Case > Flashcards

4. Statements of Case Flashcards

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1
Q

What is a statement of case?

A

A document that formally sets out a party’s case in legal proceedings, including claims, defences, and counterclaims.

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2
Q

.

A

,

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3
Q

What is the purpose of a defence in legal proceedings?

A

It must clarify which allegations are admitted, denied, or require proof from the claimant.

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4
Q

What are examples of other statements of case besides a claim form and defence?

A

Counterclaims, replies, additional claims, and responses to requests for further information.

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5
Q

When can a request for further information be made?

A

When a statement of case does not clearly set out a party’s position, the opposing party can request further details.

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6
Q

(3/4) What must a claim form contain according to CPR 16.2?

A

A concise statement of the claim’s nature, the specific remedy sought, a statement of value (if money is claimed), and other matters required by Practice Directions.

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7
Q

What additional requirements apply to claim forms in civil proceedings against the Crown?

A

The claim must name the relevant government departments and officers and briefly describe the alleged liability of the Crown.

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8
Q

What must a claim form state if the particulars of claim are not included or attached?

A

It must state that the particulars of claim will follow.

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9
Q

What must be included in a claim form when a claimant or defendant is acting in a representative capacity?

A

It must state the capacity in which the claimant or defendant is acting.

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10
Q

What does CPR 16.3 require for claims involving money in the claim form?

A

The claimant must state the amount sought or estimate the amount within specified financial brackets (e.g., under £10,000, £10,000-£25,000, over £100,000).

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11
Q

What are the key requirements for a statement of value in a claim form involving personal injury? (CPR 16.3)

A

The claimant must state whether they expect to recover more or less than £1,500 in general damages for pain, suffering, and loss of amenity.

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12
Q

What additional information must be included in a claim form issued in the High Court? (CPR 16.3)

A

It must state that the claimant expects to recover over £100,000, cite the enactment allowing or requiring the claim to be brought in the High Court, and confirm if it is a personal injury claim for £50,000 or more.

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13
Q

What must be disregarded when calculating the amount likely to be recovered in a claim? (CPR 16.3)

A

Any potential interest awards, legal costs, findings of contributory negligence, counterclaims, or sums payable to the Secretary of State must be disregarded.

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14
Q

Does the statement of value in the claim form limit the amount the court can award? (CPR 16.3)

A

No, the court can award a different amount regardless of what is stated in the claim form.

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15
Q

(4)What must particulars of claim include according to CPR 16.4?

A

A concise statement of facts, a statement regarding interest (if applicable), any claims for aggravated or exemplary damages, and any claims for provisional damages.

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16
Q

What are the rules for statements of value in personal injury claims arising from an RTA after 31st May 2021?

A

For RTAs after 31st May 2021:

Statement of value must say

  • If the claim is for more or less than £5,000, IF the rules in CPR 26.10 do not apply.
  • If the claim is for more or less than £1,000 IF the rules in CPR 26.10 do apply.
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17
Q

What must be stated in the claim form if the claimant is seeking interest? (CPR 16.4)

A

The claim form must include a statement specifying whether interest is sought under contract terms, an enactment (stating which one), or another basis (explaining the basis).

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18
Q

What specific details must be included if a claimant is seeking interest on a specified sum of money? (CPR 16.4)

A

The claimant must specify:
- The percentage rate of interest claimed,
- The date from which interest is claimed,
- The date to which interest is calculated (no later than the issue of the claim form),
- The daily rate at which interest accrues after that date.

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19
Q

What additional requirements apply to the claim form under PD 16.2?

A

The claim form must include the address where the claimant lives or conducts business, even if their solicitor is the service address.

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20
Q

What information must be included in the heading of the claim form? (PD 16.2)

A

It must contain the title of proceedings, including the full name of each party where known. Special rules apply for individuals, business names, partnerships, corporations, and LLPs.

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21
Q

What happens if the claim form does not include a full address for all parties? (PD 16.2)

A

The court will issue the claim form but retain it. It will not be served until the claimant provides a full address (including postcode) or the court dispenses with the requirement.

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22
Q

What must be included in the claim form if the defendant is an individual? (PD 16.2)

A

The claimant should include an address where the defendant lives on the claim form, even if the defendant’s solicitors have agreed to accept service on their behalf.

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23
Q

When must the particulars of claim be included in the claim form? (PD 16.3.1)

A

If practicable, the particulars of claim must be included in the claim form.

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24
Q

What must happen if the particulars of claim are not included in the claim form? (PD 16.3.1)

A

If the particulars of claim are not included in the claim form, they must be served with the claim form or separately within the time limits specified in CPR 7.4 and 7.5.

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25
What is required if the particulars of claim are served separately? (PD 16.3.2)
Particulars of claim that are not included in the claim form must be verified by a statement of truth in the form specified in PD 22.
26
What must be included in the particulars of claim for a personal injury case? (PD 16.4.1)
The particulars of claim must contain the claimant’s date of birth and a brief description of their personal injuries.
27
What additional documents must be attached to the particulars of claim in a personal injury case? (PD 16.4.2-16.4.3)
The claimant must attach (1) a schedule detailing past and future expenses and losses being claimed, and (2) a medical report from a practitioner about the claimant’s personal injury.
28
What must be included in the particulars of claim when seeking an injunction or declaration relating to land? (PD 16.7.1)
The particulars of claim must state whether the claim relates to residential premises and must identify the land, using a plan if necessary.
29
What must be included in the particulars of claim when enforcing the right to recover possession of goods? (PD 16.7.2)
The particulars of claim must include a statement showing the value of the goods.
30
What documents must be attached to the particulars of claim if the claim is based on a written agreement? (PD 16.7.3)
A copy of the documents constituting the agreement must be attached. If general conditions of sale apply, they must also be attached unless they are bulky, in which case only relevant parts should be included.
31
What details must be set out in the particulars of claim if the claim is based on an oral agreement? (PD 16.7.4)
The particulars of claim must set out who said what, providing key details of the oral agreement.
32
What must be stated in the particulars of claim if the claim is based on conduct? (PD 16.7.5)
The particulars of claim must clearly set out the conduct relied upon, specifying who did what and where.
33
What must be stated in the particulars of claim for a claim issued in the High Court relating to a Consumer Credit agreement? (PD 16.7.6)
The particulars of claim must contain a statement confirming that the action is not one to which Section 141 of the Consumer Credit Act applies.
34
What must be included in the particulars of claim if the claimant wishes to rely on a conviction, finding, or adjudication under the Civil Evidence Act? (PD 16.8.1)
The particulars of claim must include: - The type of conviction, finding, or adjudication. - The date it was made. - The court or tribunal that made it. - The issue in the claim to which it relates.
35
What specific matters must be set out in the particulars of claim if the claimant relies on them? (PD 16.8.2)
The claimant must specifically set out the following if relied upon: (1) Allegations of fraud (2) Illegality (3) Misrepresentation details (4) Breach of trust details (5) Notice or knowledge of a fact (6) Unsoundness of mind or undue influence (7) Wilful default (8) Facts supporting a claim for mitigation expenditure.
36
What additional information must be included if a claim is for a sum of money in a foreign currency? (PD 16.9.1)
The particulars of claim must state: - That the claim is in a foreign currency, - The reason for using that currency, - The sterling equivalent, - The source of the exchange rate used to calculate the sterling equivalent.
37
Can a subsequent statement of case contradict an earlier one? (PD 16.9.2)
No, a subsequent statement of case must not contradict or be inconsistent with a previous one. If new matters come to light, a party may seek the court’s permission to amend their statement of case.
38
What special requirement applies to clinical negligence claims in statements of case? (PD 16.9.3)
The words ‘Clinical Negligence’ must be inserted at the top of every statement of case.
39
What power does the High Court have to award interest on debts and damages? (Section 35A Senior Courts Act 1981)
The High Court can award simple interest on all or part of a debt or damages at a rate it considers appropriate, up to the date of judgment or payment.
40
When must the High Court award interest on damages in a personal injury claim? (Section 35A Senior Courts Act 1981)
If the damages for personal injury exceed £200, the court must award interest unless there are special reasons not to.
41
What happens if the defendant fully repays a debt before a court judgment? (Section 35A Senior Courts Act 1981)
The court may still require the defendant to pay interest on the debt for the period between when the claim arose and the repayment date.
42
What power does the County Court have to award interest on debts and damages? (Section 69 County Courts Act 1984)
The County Court has the same power as the High Court to award interest on debts and damages.
43
When must a defendant file an acknowledgment of service? (CPR 10.1)
A defendant must file an acknowledgment of service if they cannot file a defence within the time limit specified in CPR 15.4 or if they wish to dispute the court’s jurisdiction.
44
What are the consequences of failing to file an acknowledgment of service? (CPR 10.2)
The claimant may apply for default judgment under Part 12 if the defendant fails to file an acknowledgment of service and does not file a defence or admission within the required period.
45
What is the general time limit for filing an acknowledgment of service? (CPR 10.3)
The defendant must file an acknowledgment of service within 14 days after service of the particulars of claim, or within 14 days after service of the claim form if the particulars are to follow.
46
What must a defence include according to CPR 16.5?
A defence must state which allegations are admitted, which are denied (with reasons), and which the claimant must prove.
47
What must a defendant do when denying an allegation in their defence? (CPR 16.5)
The defendant must state why they deny the allegation and, if providing an alternative version of events, they must state their version.
48
What happens if a defendant does not expressly admit or deny an allegation in their defence? (CPR 16.5)
The claimant must prove the allegation. A general statement on the issue does not count as an admission or denial.
49
How must a defendant respond to an allegation relating to the amount of a money claim? (CPR 16.5)
The claimant must prove any allegation relating to the amount unless the defendant expressly admits it.
50
What must a defendant do if they dispute the claimant’s statement of value? (CPR 16.5)
The defendant must state why they dispute it and, if possible, provide their own valuation.
51
What must a defence state if the defendant is defending in a representative capacity? (CPR 16.5)
The defence must specify the capacity in which the defendant is acting.
52
What must a defendant provide if they have not filed an acknowledgment of service? (CPR 16.5)
The defendant must provide an address for service.
53
What is a defence of set-off? (CPR 16.6)
A defence of set-off arises when the defendant claims they are entitled to money from the claimant and uses this as a defence to part or all of the claim.
54
What happens if a claimant does not file a reply to the defence? (CPR 16.7)
The defendant must still prove the matters raised in their defence.
55
What happens if a claimant files a reply to the defence but does not deal with an issue raised in the defence? (CPR 16.7)
The defendant must prove the matter in question.
56
When must a defendant file a defence? (CPR 15.2)
A defendant must file a defence if they wish to defend all or part of a claim.
57
What happens if a defendant fails to file a defence in time? (CPR 15.3)
If a defendant does not file a defence in time, the claimant may apply for default judgment under CPR Part 12.
58
What are the time limits for filing a defence? (CPR 15.4)
The defence must be filed within 14 days after service of the particulars of claim, or within 28 days if an acknowledgment of service has been filed.
59
What can a claimant do if a defence is not filed within the time limit? (CPR 15.4)
If a defence is not filed in time, the claimant may apply for default judgment under CPR 12.3.
60
Can the time limit for filing a defence be extended? (CPR 15.5)
Yes, the parties may agree in writing to extend the deadline for filing a defence by up to 28 days. Any further extension requires court permission.
61
Statements of case after rely to defence
A party may not file or serve any statement of case after a reply without permission of the court
62
Where D claims in defence that the money has been paid
Where only claim is for specified amount of money and D states in defence that it has been paid The court will send notice to C requiring them to state whether they wish proceedings to continue
63
Claim stayed if not defended or admitted
Claim shall be stayed where 6 months since end of period for filing defence AND No D has been served or filed - admission, defence or counterclaim AND No party has applied for default or summary judgement AND No D has applies to strike out all or part of claim form/particulars of claim
64
Where claim is for PI and C has attached medical report, D must
State in defence whether they Agree Dispute + give reasons Neither of above, but have no knowledge of the matters contained in the medical report Where D has obtained their own medical report, attach it to defence
65
Where claim is for PI and C has included schedule of past and future expenses and losses, D should include or attach to the defence a counter schedule stating
Which of those items D Agrees Dispute + provide alternative figures Neither agrees nor disputes but has no knowledge of
66
Preliminary Requests for further infromation of clarification
Before making application for court to order under part 18, party seeking it should first serve on the party from whom it is sought a written request for that clarification or information stating a date by which the response to the Request should be served. The date must allow the second party a reasonable time to respond.
67
Request must
(a)be headed with the name of the court and the title and number of the claim, (b)in its heading state that it is a Request made under Part 18, identify the first party and the second party and state the date on which it is made, (c)set out in a separate numbered paragraph each request for information or clarification, (d)where a Request relates to a document, identify that document and (if relevant) the paragraph or words to which it relates, (e)state the date by which the first party expects a response to the Request. (a)A Request which is not in the form of a letter may, if convenient, be prepared in such a way that the response may be given on the same document. (b)To do this the numbered paragraphs of the Request should appear on the left hand half of each sheet so that the paragraphs of the response may then appear on the right. (c)Where a Request is prepared in this form an extra copy should be served for the use of the second party.
68
Application for order under part 18 must include
Exact wording of order they are asking court to make AND Clear specification of the issues for which clarification or additional information is needed If request under PD 18 para 1 has not been made - this must be stated and explained why If it has been made then should describe the response if any
69
Does notice need to be given for part 18 application to other party
notice must be served on all parties - unless they didnt respond to the request within 14 days and time stated in request
70
Court factors when deciding whether to make order under part 18
Likely benefit of information Likely cost of providing it Financial resources of the responding part
71
Response to request must..
Must be in writing, dated and signed by the second party or his legal representative.
72
Unless they use same document for the response as te request then the response must
(a)be headed with the name of the court and the title and number of the claim, (b)in its heading identify itself as a response to that Request, (c)repeat the text of each separate paragraph of the Request and set out under each paragraph the response to it, (d)refer to and have attached to it a copy of any document not already in the possession of the first party which forms part of the response.
73
If party objects to request, cannot comply or needs more time they must
must inform the first party promptly and within the stated deadline. The response can be in a letter or formal document, but it must include reasons for non-compliance and, if applicable, a new expected compliance date.

Civil - Unit 2 (6 decks)

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