DR 6 - Statement of Case Flashcards
(21 cards)
What are the formatting rules for statements of case?
- Heading with court name (left), claim number (right), parties’ names (centered)
- Numbered paragraphs
- Page numbers
- Numbers and dates in figures
- Margin notes for referenced documents
- Drafter’s name (barrister or solicitor)
- Statement of truth
What is a statement of truth?
A declaration verifying the content of a statement of case as true. False statements can lead to contempt of court proceedings.
Wording for a statement of truth by an individual?
I believe that the facts stated in this [document] are true.
Wording for a company’s statement of truth?
The [party] believes the facts stated are true. I am duly authorised by the [party] to sign this statement…
Required final wording in all statements of truth?
I understand that proceedings for contempt of court may be brought against anyone who makes… a false statement…
What must a claim form include?
- Parties’ names and addresses
- Representative capacity (if applicable)
- Concise claim details (nature, remedy sought)
- Statement of value (exact, estimate, or uncertain)
- Claimant’s residence/business address (if different)
What must not be included when calculating claim value?
- Interest
- Costs
- Counterclaims
- Set-off
- Contributory negligence
- Social security benefits
What must particulars of claim include?
- Concise statement of facts
- Material facts & background
- Any special damage claims
- Specifics for PI, land, or agreement-based claims
- Interest claims
What is the structure of particulars of claim?
- Introduce parties
- Set out duty
- Specify breach
- Plead causation
- Detail loss and interest
- Finish with ‘prayer’ (remedies sought), drafter’s name, and statement of truth
What is the purpose of a defence?
To respond to each allegation in the particulars of claim and state the defendant’s case.
What must a defence include?
- Address for service
- Response to every allegation: admit, deny (with reasons), or request proof
What happens if an allegation is not addressed?
It is deemed admitted (except for monetary amounts, unless specifically admitted).
What must be addressed in a PI defence?
Response to medical evidence and schedules of loss, including counter-schedules and mitigation arguments.
What is a counterclaim?
A separate claim by a defendant against a claimant, usually filed with the defence.
What must a counterclaim include?
It must comply with CPR 16.4 and mirror particulars of claim: duty, breach, causation, and loss.
Does a court fee apply for counterclaims?
Yes.
What is set-off?
A defence where the defendant reduces or cancels the claimant’s claim by showing the claimant owes them money.
Where does set-off appear in the document?
In the defence section, typically before the counterclaim.
How is a defence to a counterclaim filed?
Within 14 days of service of the counterclaim. No acknowledgment of service is needed.
What happens if the claimant fails to defend a counterclaim?
The defendant may apply for default judgment.
What is the title of the combined document when replying and defending a counterclaim?
“Reply and Defence to Counterclaim”
