Dispute Resolution

Question 1

Structure of a Particulars of Claim (9)

Answer 1

1. Parties
   o Set out who the parties are to the claim/background information on the parties.
2. Contract:
   o Set out the contract and what was agreed.
3. Terms:
   o Include details of any important express terms of the contract AND/OR

o Include details of implied terms that govern all contracts subject to SGA 1979, SGSA 1982 e.g., goods must match description, be of satisfactory quality, be fit for purpose.

4. Particulars of Breach
   o At first you allege the breach generally e.g. In breach of implied terms the D did not carry out service of the contract with reasonable care/skill or deliver goods of satisfactory quality.

o Particulars of breach: Under a heading, particulars of breach, detail/itemise exactly what the claimant did wrong.

5. Consequences of the breach
   o Here you set out what happened as a result of the defendant’s breach
6. Particulars of loss and damage

o Under this heading use the generic sentence ‘By reason of the D’s breaches of the contract, the claimant has suffered damage and loss’.

o Each specific loss should be itemised (and possible grouped under similar categories of loss), so it’s clear to the D what is being claimed from them and hot this is calculated.

7. Interest
   The court may award interest on the sum outstanding (in one of three ways), but only if claimed.

• Contractual interest
• Late Payment of Commercial Debts (interest) Act 1998
• s35A Senior Courts Act 1981/ s69 County Courts Act 1984
• Specified claims- Interest must be PRECISELY calculated as a lump sum for the amount that has accrued from the breach of contract to the date of issue of proceedings + a daily rate so it is easy to provide an updated total.

8. Summary of relief: summarise the remedies being sought
   AND THE CLAIMANT CLAIMS
   o Damages pursuant to paragraph 6 above;
   o Interest pursuant to pursuant to paragraph 7 above;

Dated [ Date, Month, Year]

9. Statement of truth

-I believe that the facts stated in these Particulars of Claim are true. I am duly authorised by the Claimant to sign this statement. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Question 2

Particulars of breach/ particulars of negligence clause

Answer 2

The Defendant drove negligently in that he:
(a) drove at excessive speed;
(b) lost control of the Car;
(c) swerved repeatedly on and off the driveway;
(d) failed to apply the Car’s brakes sufficiently or at all;
(e) failed to steer, manage, control or stop the Car so as to avoid the collision.

4. Owing to the Defendant’s negligence, the Claimants have suffered loss and damage.

Question 3

Particulars of loss and damage clause

Answer 3

8.1 Cost of new boiler £72,500
8.2 Cost of installation of new boiler £4,700
8.3 Cost of pumping out boiler house and repairing damaged premises £17,625
8.4 Consequential losses as the result of production losses (estimated) £25,000

Question 4

Interest clause

Answer 4

In respect of damages awarded the Claimant is entitled to interest pursuant to s 35A of the Senior Courts Act 1981 at such rates and for such period as the Court thinks just.

Question 5

Language used in a particulars of claim

Answer 5

Write in the past tense
Write using the third person

• The claimant has suffered loss and damage
• The defendant agreed to sell to the claimant a central heating unit.
• In breach of the implied terms the unit delivered by the defendant was not of satisfactory quality.