8. Statements of Case

Question 1

What is the purpose of a Statement of Case and what must it provide to be adequate?

Answer 1

Outline of the party’s case on liability, causation, and quantum.

To be adequate, it must provide details of the cause of action, the exact nature of allegations, and the financial consequences.

Question 2

How should parties be named on the claim form?

Answer 2

Individual – “Fred Michael Flagston”

Sole Trader – “Fred Michael Flagstone (trading as Fred’s Café)

Partnership – If suing the partners as individuals: “(1) Fed Michael Flagstone (2) William Aaron Rouble”. If suing the partners in the name of the partnership “Flagstones (a Firm)”.

Company – “Rock Limited”

Limited Liability Partnership – “Rock LLP”

Trust - “Trustees of the [eg a Pension scheme] OR

Markus Severn in his capacity as trustee of [name of trust]”

Deceased person - [where probate / letters of administration have been granted] “Jane Wilson (as administratrix / executrix of John Wilson)”. [Where probate or letters of administration have not been granted “The personal representatives of John Wilson deceased”.

Question 3

How should addresses be listed on the claim form?

Answer 3

The parties’ addresses are the addresses for service, but the claimant must also indicate an address where it resides or carries on business, if different

Question 4

In a claim arising from a road traffic accident, what should always be pleaded if relevant, and why?

Answer 4

Details of any criminal conviction relating to the same offence, as failure to raise this will lead to objections from defendant when you try to further on

Question 5

What two other things should be in the Particulars in a tort case?

Answer 5

1. Details of injury, with medical records
2. Schedule of past and future loss

Question 6

What must a claimaint do when they are claiming interest on damages?

Answer 6

1. State the basis for the claim, i.e., contract, statute
2. State the % interest rate if the claim is for a specified sum

Question 7

What is statutory basis for interest?

Answer 7

Statutory right to interest (under section 35A Senior Courts Act 1981 in the High Court and section 69 County Courts Act 1984 in the County Court).

Question 8

How should a claim for interest be set out in the particulars of claim?

Answer 8

There are two ways of setting out the paragraph(s) claiming interest:
- Calculating exactly the amount of interest claimed (only used for specified claims); or
- Claiming (‘pleading’) the interest generally.

Question 9

How is specified interest calculated, and how should it be claimed?

Answer 9

In pleading interest on a specified claim, you would need to set out:

• the applicable percentage rate,
• the dates from/to which interest is being claimed,
• the total amount claimed up to the issue of the claim form, and
• the daily rate of interest thereafter.

Question 10

How many days does a claimant have to file their amended statements of case?

Answer 10

14 days from date permission was granted

Question 11

How should interest be pleaded?

Answer 11

In pleading interest on a specified claim, you would need to set out:

• the applicable percentage rate,
• the dates from/to which interest is being claimed,
• the total amount claimed up to the issue of the claim form, and
• the daily rate of interest thereafter.

Question 12

What eight things must a claimant include in the Particulars if they wish to rely on them?

Answer 12

1. Allegations of fraud
2. Illegality
3. Misrepresentation
4. Breach of trust
5. Knowledge of a fact
6. Unsoundness of mind or undue influence
7. Willful deceit
8. Defendant’s failure to mitigate loss

Question 13

What are the CPR requirements for specific types of claim?

Answer 13

Aggravated damages, exemplary damages and/or provisional damages with grounds the grounds for claiming them (CPR 16.4).

In personal injury claims, the particulars should include the claimant’s date of birth, details of his/her injuries, and attach a schedule of past and future expenses losses and the report of any expert medical practitioner which is relied on (16 PD 4).

A claim in relation to the possession, occupation, use or enjoyment of land, or for an injunction or declaration in relation to land, must identify the land and make clear whether it includes residential premises (16 PD 7.1).

Where the claim is based on a written agreement, it should be attached (with any general conditions which are incorporated) (16 PD 7.3).

Where the claim is based on an oral agreement, the particulars should set out the words spoken, by whom, to whom, when and where (16 PD 7.4).

Where the claim is based on an agreement by conduct, the particulars should set out the conduct relied on and state by whom, when and where the acts were done (16 PD 7.5).

Question 14

If a defendant wishes to defend a claim, on whom must they serve the defence?

Answer 14

Every other party to the claim

Question 15

What are the three ways in which a defendant can respond to each of the paragraphs in the particulars?

Answer 15

1. Admit
2. Deny
3. Non-admission by requesting further information

Question 16

What occurs when defendant admits a paragraph, and what is the consequence of failing to respond?

Answer 16

The paragraph is no longer in dispute and the claimant does not have to prove it.

Failure to respond means a paragraph is deemed admitted

Question 17

What must a defendant do if they deny a paragraph?

Answer 17

State reasons for doing so, and set out an alternate version of events

Question 18

When may a defendant neither admit nor deny a paragraph?

Answer 18

When the facts alleged in the paragraph are outside the defendant’s knowledge

Question 19

What happens when the defendant admits damages but denies liability?

Answer 19

They are admitting a damages sum, but it will only be payable if the court finds the claim is proved

Question 20

What must the defendant do if they raise a limitation issue in the defence?

Answer 20

State the date on which the defendant alleges the limitation period expired, with the reasons why

Question 21

What is set off, and what type of claims is it most common in?

Answer 21

Where a claimant sues defendant, but defendant is owed money by the claimant, they may apply to have the amount of damages they will have to pay set off by the amount owed to them.

Most common in debt claims.

Question 22

What is a reply, is it mandatory, and when will it typically be used?

Answer 22

A reply is an optional response sent by claimant to defendant, usually only if something has been raised in the defence which requires a response

Question 23

Can the reply be used to rectify mistakes or omissions from the Particulars of Claim?

Answer 23

No. It can only be used to deal with points raised in the defence which were not covered by the Particulars

Question 24

What are the four types of claim available to a defendant under Part 20?

Answer 24

1. Counterclaim
2. Claim against another person
3. Claim seeking contribution or indemnity
4. Claim against another third party

Question 25

What are the four key features/requirements of a counterclaim?

Answer 25

1. Brought by existing defendant against the claimant
2. Arises out of the same or substantially the same facts as the claimant’s claim against defendant
3. Monetary claim in its own right
4. Is not a defence

Question 26

When will the defendant not require court permission to file a counterclaim, and when will they need court permission?

Answer 26

Does not need court permission if counterclaim is filed with defence.

Does need court permission if filed at any other time.

Question 27

What are three features of a claim against a third party under Part 20?

Answer 27

1. New party will be called a third party
2. Application can be made without notice, unless directed otherwise
3. Particulars of the new claim must be contained in or served with the claim (no option for them to follow as with an initial claim)

Question 28

When will the defendant not require court permission to file a claim against a third party, and when will they need court permission?

Answer 28

Does not need court permission if claim is issued at or before the defence is filed.

Does need court permission if filed at any other time.

Same as counterclaim.

Question 29

What is a claim seeking contribution or indemnity under Part 20?

Answer 29

Notice served on another party that they must pay the serving party some or all of the payment the serving party is ordered to pay the claimant

Question 30

When will the defendant not require court permission to file a claim seeking contribution or indemnity, and when will they need court permission?

Answer 30

Does not need court permission if claim is filed and served with defence OR claim is against third party who was not added to the claim until later in the action, and that party is served within 28 days of filing their defence.

Does need court permission if filed at any other time, subject to that one late third party exception.

Question 31

What is a counterclaim against a third party under Part 20?

Answer 31

A defendant may bring an additional claim against a person against whom the defendant has a monetary claim arising out of the same facts as the main action, where the third party is not already a party to the case

Question 32

Past the limitation period, when would the addition or substitution of a party be necessary, and this permissible?

Answer 32

(a) Mistakenly named party on claim form
(b) Claim cannot properly be carried on by or against the original party unless the new party is added or substituted as claimant or defendant; or
(c) the original party has died or become bankrupt so liability has passed to the new party.

Question 33

Within what timescale of service must a defence to a counterclaim be served, and what is the consequence of failing to do so?

Answer 33

Within 14 days of service of the counterclaim. Failing that, the original defendant can obtain judgment on the counterclaim

Question 34

Where additional claims are brought by the defendant, what must the additional party do where (1) they are already a party to the case, and (2) they are not already a party to the case?

Answer 34

1. File a defence, if already a party
2. File an acknowledgement and/or defence, if not already a party

Question 35

How should you consider a counterclaim from a process and timing perspective?

Answer 35

Think of it in the same way as a standard claim from the perspective of timing, filing requirements, and the availability of default judgment

Question 36

If a party wishes to make a request for information from the other side, do they need to go through the court for this?

Answer 36

Only if the party does not adequately respond

Question 37

If a party objects to responding for a request for information, what should they provide?

Answer 37

Reasons why

Question 38

In the context of a request for information, when will the court have a hearing to consider the matter, and when will they consider the matter without a hearing?

Answer 38

No hearing: Party has not responded at all
Hearing: all other situations

Question 39

What are five grounds for objecting to a request for information?

Answer 39

1. Unnecessary, irrelevant, or improper
2. Unable to provide information/clarification
3. Insufficient time to reply
4. Disproportionately expensive to reply
5. Privilege

Question 40

What is a required for a request for information to be relevant?

Answer 40

It must relate to matters which are disputed by the parties

Question 41

What is required to amend a Statement of Case before it has been served, and after it has been served?

Answer 41

Before: can be amended at any time without permission
After: written consent of all parties or court permission required

Question 42

If an application is made to add a party to the case before the limitation period has expired, what are the two considerations the court will give, either of which is enough?

Answer 42

1. Desirable to add the new party, so the court can resolve all matters in dispute or
2. Issue involving the new party and an existing party which is connected to the matters in dispute, and it is desirable to add to resolve this

Question 43

What is required to add or substitute a party after the limitation period has expired?

Answer 43

1. Relevant limitation period must have been live when proceedings were started, and
2. The addition or substitution is necessary because:
   * original defendant was named by mistake; or
   * claim cannot be maitained without joining the substitute party; or
   * O.G party has died or subject tobankruptcy order, so liability passes to new party.
3. Overriding objective - burden is on claimant to show that discretion should exercised in its favour.
   - if not necessary, court has no discretion, and must refuse change.

Question 44

In determining whether to add or substitute a party after the limitation period has expired, what three things will the court consider (one of which is enough) in determining whether the addition or substitution is necessary?

Answer 44

1. New party is being substituted for someone who was named in the claim form by mistake
2. Claim cannot properly be carried on against the original party, or
3. Original party has died or had a bankruptcy order made against them

Question 45

For personal injury claims, what must the defendant include in their defence?

Answer 45

Must state whether the Defendant agrees with the medical report served with the Particulars of Claim.

Question 46

For a late amendment to the statements of case, what principles will the court consider when deciding whether to grant permission?

Answer 46

• court should be less ready to allow amendment if it does not result from late disclosure/evidence.
• heavy onus is on applicant to justify its own position, as well as that of other parties, and provide evidence on why application was made so late.
• late amendment must be the last thing required, and cannot then require additional amendments down the line.

Question 47

What is the key test whether determining whether to allow an amendment to statements of case that changes the substance of the claim?

Answer 47

1) overidding objective - balancing interests of parties.
AND
2) show some prospect of success - based on new version of facts

Question 48

What are three exceptions to the general rule that amendments to add additional causes of action will not be allowed post-limitation?

Answer 48

• personal injury claims - court can disregard time-limit whether it is satisfied it would be equitable.
• new cause of action is an original set-off claim or counterclaim.
• claim arises out of same facts or substantially same as those in issue.

Question 49

What is the test when determining whether a part was named by mistake where a party seeks to add/substitute a party?

Answer 49

Amendment may be allowed if the identity of the intended party is clear from a description (in a statement of case).

• Mistake as to the name rather than identify, and ‘but’ for mistake, the new party would have been named.

Question 50

Within what timeline must a notice to admit facts be served?

Answer 50

No later than 21 days before the trial.

Question 51

Who can rely on a party’s subsequent admission of facts following service of a notice?

Answer 51

Can only be used against him by the party who served the notice.

Question 52

Can a party amend or withdraw an admission?

Answer 52

Only where the court thinks it would be just to allow it, or other party agrees.

Question 53

Where a claimant wishes to add a cause of action after serving proceedings, how must they proceed?

Answer 53

Addition can be with the defendant’s consent or with the court’s permission (CPR 17.1(2)).

Question 54

Where a contract fails to specify a rate of interest payable on breach, does the claimant have any entitlement to statutory interest, and if so when does it start running?

Answer 54

YES - relates to late payment of commercial debts

• Interest is due starting on day after the debt falls due (ie. agreed payment day)

Question 55

For a specified claim, what details should be set out in the particulars of claim regarding any statutory interest claimant may be awarded?

Answer 55

Set out percentage rate
- Date from which claimed and date to which it is calculated, and total amount of interest claimed to date and the daily rate at which interest accrues after that date.
- Defendant is liable to pay simple interest at such rate as court thinks fit.

Question 56

What are provisional damages?

Answer 56

A means by which a person may be compensated at a future date if they go on to develop a serious disease/deteriorate.

Question 57

For particulars alleging negligence, what additional information must the claimant set out?

Answer 57

Set out what the defendant did wrongly or negligently

Question 58

When does awarding statutory interest becoming mandatory in P.I cases?

Answer 58

where P.I award is above £200 - unless ‘court is satisfied there are special reasons to the contrary.’
- period of interest starts running from accrual date to date of judgement/payment.
- rate of interest - ‘as court sees fit.’

Question 59

What are the two ways to amend a statement of case without the court’s permission?

Answer 59

agreement from all parties, except if it involves adding, removing, or substituting a party.