Chapter 3- Statements Of Case Flashcards
(29 cards)
What’s the purpose of a statement of case?
Set out the facts relied on and the factual allegations made in support of the party’s case
- Informs the parties of the others case
- Allows points to be identified
- Provides a judgement with a concise statement of the case
What are the main statements of case?
- Claim form
- Particulars of claim
- Defence
- Counterclaim
What must every statement of case contain (5A and 7A PD)?
- Heading
- Numbered paragraphs
- Pages numbered consecutively
- All numbers and dates in figures
- Reference in the margin to all documents already filed at court
- Name of person who drafted document
- Statement of truth
What should a heading include?
- Number of the proceedings
- Court
- Full name of each party
- Party’s status in the proceedings
If particulars of claim are served separately what formal parts must it contain?
- The heading
- C’s address for service
- A statement of truth
What must the particulars of claim contain?
A concise statement of the facts on which C relies
Cover the essential elements of C’s cause of action
Background facts
How would a particular of claim begin?
- At all material times C (profession or business) and D (profession or business)
What do you put at the end of the Particulars of Claim?
- Claim for interest
- Prayer
- Individual who drafted the statement of case
- Statement of truth
- Signature
- Date of being served
Where must a statement of truth be?
Shouldn’t be the first item on a page
What does a statement of truth entail?
- I believe that the facts stated in this Particulars of Claim are true
- The Claimant believes the PoC are true. I am duly authorised by C to sign this statement
- Solicitors may be prevented by own company’s policy
How to structure the particulars of claim?
Duty
Breach
Causation
Loss
How to draft a duty?
By a contract dated X, C and D agreed…. The copy of the contract is attached
How to draft a breach?
For a contract
- X did their side of the bargain
- Provide a trigger point from which D becomes liable to do their side
May want to include some Particulars of Breach
How to draft causation?
As a result of
As a result of the breach referred to in para X, C has suffered loss and claims the sum of Y
Where may the right to interest come from?
Contract
S35A Senior Courts Act
S69 County Courts Act
How could you set out the paragraphs claiming interest?
- Calculate the exact amount of interest- From the due date of the invoice to today’s date at the rate of X% per annum in the total sum of Y
Further C claims interest as above from today’s date until judgement or earlier payment at a daily rate of £Y
- Pleading the interest generally- At such rate and for such period as the court sees fit
What is the statutory rate per annum?
8%
What is a prayer?
Summary of the remedies sought
How to phrase a prayer?
AND THE CLAIMANT CLAIMS
I) Said sum
II) Interest
III) Further interest
What must the defence document do?
React to every point in C’s particulars of claim (each point must be dealt with individually)
State full particulars of D’s own case
What formal parts must be included in every defence?
- Heading
- D’s address for service
- A statement of truth
What are denials used for?
To dispute any facts which, if they had occurred, would’ve been within D’s knowledge
What must a denial include?
Reasons
A different version of events
YOU CAN’T GIVE A BARE DENIAL
How can D respond to an allegation?
Admit
Deny
Require proof
