DR: Statements of Case, Additional Claims, Amendments and Requests for Further Information Flashcards
(174 cards)
1
Q
What are statements of case?
A
Documents by which a claimant sets out the factual basis of its claim and the relief sought, and the defendant gives its own position
2
Q
Why are statements of case important?
A
They need to be concise, clear, correct, and must comply with CPR content requirements
3
Q
What happens if a statement of case does not comply with requirements?
A
It might require formal amendment, causing time waste and costs consequences for parties
4
Q
What must every statement of case include at the top?
A
A formal case heading
5
Q
What is the title of proceedings in a statement of case?
A
Includes the court/division, claim number, and full names/status of each party
6
Q
What is included in the format for court documents?
A
Uniform presentation including:
* Numbered paragraphs
* Pages numbered consecutively
* Numbers and dates in figures
* Marginal references to mentioned documents
* Name of the drafter
* Statement of truth
7
Q
What is a statement of truth?
A
A formal confirmation that the person signing believes the document is true
8
Q
What are the consequences of providing a false statement in a statement of truth?
A
Proceedings for contempt of court may be brought against the signer
9
Q
What must accompany a statement of case?
A
A statement of truth
10
Q
How is a statement of truth formatted for an individual party?
A
“I believe that the facts stated in this claim form are true.”
11
Q
How is a statement of truth formatted for a company?
A
“The defendant believes that the facts stated in this defence are true. I am duly authorised by the defendant to sign this statement…”
12
Q
What understanding is included in every statement of truth?
A
“…I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement…”
13
Q
What are the key elements of a statement of case summary?
A
- Key documents for parties to set out their position
- Must be headed with title of proceedings
- Must comply with uniform formatting rules
- Needs a statement of truth
14
Q
What is the purpose of a claim form?
A
To commence proceedings and set out key elements of the claim, particularly the identity of the parties.
15
Q
What is the first statement of case in civil proceedings?
A
The claim form.
16
Q
Who prepares the claim form?
A
The claimant.
17
Q
What form is usually used for a claim form?
A
Form N1.
18
Q
What must the claim form contain regarding the parties?
A
The names of the parties and their addresses.
19
Q
How should parties be referred to in a claim form?
A
In a specific format depending on their capacity, such as individual, sole trader, partnership, company, LLP, trust, or deceased person.
20
Q
Fill in the blank: The claim form must state the claimant’s address for _______.
A
service.
21
Q
What brief details must the claimant include in the claim form?
A
A concise statement of the nature of the claim and the remedy sought.
22
Q
True or False: The court is limited by the remedy sought by the claimant in the claim form.
A
False.
23
Q
What must the claim form include if the claimant is making a claim for money?
A
A statement of the amount claimed.
24
Q
What are the three ways to state the value of a claim in the claim form?
A
- Specify the amount
- State an unspecified amount range
- State ‘I cannot say how much I expect to recover’.
25
What must a claimant state in a personal injury claim regarding expected recovery for pain and suffering?
Whether it is or is not more than £1,500.
26
What is required if the claim form is to be issued in the High Court?
A special jurisdictional endorsement.
27
What must be stated if the claim is for personal injuries in the High Court?
That the claimant expects to recover £50,000 or more.
28
List the factors that are not considered when determining the value of the claim for the statement of value.
* Interest
* Costs
* Counterclaims
* Set-off
* Contributory negligence
* State benefits under the Social Security (Recovery of Benefits) Act 1997.
29
What is the particulars of claim?
The statement of case where the claimant sets out its case in detail.
30
Where are particulars of claim usually contained?
In a separate stand-alone document.
31
What should the claim form state if particulars of claim are attached?
'Particulars of claim attached here.'
32
What must the particulars of claim contain if served separately from the claim form?
The claimant's address for service.
33
What are the key elements that must be included in a claim form?
* Parties' names and addresses
* Brief details of the claim and remedy
* Statement of the value of the claim
* Jurisdictional endorsement if High Court is chosen.
34
What is the purpose of the particulars of claim?
To set out the claimant's case in full detail
35
Which Civil Procedure Rules support the particulars of claim?
CPR 16.4 and 16 PD 3-8
36
What must the particulars of claim include according to CPR 16.4(1)(a)?
A concise statement of the facts on which the claimant relies
37
What essential elements must be covered in the particulars of claim?
* Duty owed by the defendant
* Breach of that duty
* Causation
* Recoverable loss
38
What is not the purpose of the particulars of claim?
To set out law, evidence or arguments
39
What should the particulars of claim include for aggravated damages?
The grounds for claiming them
40
What specific details must be included in personal injury claims?
* Claimant's date of birth
* Details of injuries
* Schedule of past and future expenses/losses
* Report of any expert medical practitioner relied on
41
How should claims based on a written agreement be handled?
The written agreement must be attached
42
What must be detailed in claims based on an oral agreement?
The words spoken, by whom, to whom, when and where
43
What is the legal basis for claiming interest?
* Set out in a contract
* Statutory right to interest
44
When claiming interest, what must be calculated for specified claims?
* Applicable percentage rate
* Dates from/to which interest is being claimed
* Total amount claimed
* Daily rate of interest thereafter
45
What is an example of a specified claim for interest?
Claimant claims interest at the rate of 8% per annum in the total sum of £701.37
46
What is an example of an unspecified claim for interest?
Claimant claims interest at such rate and for such period as the court thinks fit
47
What happens if the claim is partly specified and partly unspecified?
You may treat the two claims separately or treat the whole claim as unspecified
48
What principles apply to statutory interest claims?
* Court has discretion to award interest
* In personal injury claims over £200, interest must be awarded unless special reasons exist
* In debt claims, interest must be awarded if the whole debt is paid during proceedings
49
What is the logical structure of the particulars of claim?
* Introduce each party
* Set out relevant duty
* Specify the breach
* Plead causation
* Set out loss and interest claim
50
What is a summary of relief in the particulars of claim?
A summary of the remedies sought by the claimant, also known as the 'prayer'
51
What specific rules apply to claims based on written agreements?
The written agreement must be attached
52
What should be included for claims based on an agreement by conduct?
The conduct relied on and state by whom, when, and where the acts were done
53
What detailed rules exist regarding past convictions, fraud, and illegality?
Refer to CPR 16 PD 8
54
What must be included if human rights arguments are relied upon?
They must be included in the particulars of claim
55
What is the main statement of case referred to in the particulars of claim?
The claimant's concise statement of facts supporting their claim
56
What example illustrates a typical summary of relief sought?
AND THE CLAIMANT CLAIMS: (i) damages under paragraph 13 above; and (ii) interest under paragraph 14 above
57
What is the purpose of a defence?
The defence is the document in which the defendant sets out its case and responds to the particulars of claim.
58
What are the main Civil Procedure Rules (CPR) related to a defence?
CPR 16.5-16.6, 16 PD 11-14.
59
What are the main Civil Procedure Rules (CPR) related to a reply?
CPR 15.8 & 15.9, CPR 16.7.
60
What must every defence include according to CPR 16.5(8)?
The defendant's address for service in the jurisdiction.
61
What are the three possible responses a defendant can make to each allegation?
* Admit the allegation
* Deny the allegation
* Require proof of the allegation
62
What happens if a defendant admits an allegation?
The claimant does not have to bring any further evidence in support of it.
63
What is a 'bare denial'?
A denial made without giving reasons.
64
What must a defendant provide when denying an allegation?
Reasons for the denial and an alternative version of events.
65
When can a defendant require proof of an allegation?
If the defendant is unable to either admit or deny the allegation due to lack of knowledge.
66
What are the consequences of failing to deal with an allegation in the defence?
The defendant will be deemed to admit it unless they have set out their own case.
67
What must be stated if the defence of limitation is raised?
The date on which the limitation period is deemed to have expired.
68
What is required if a defendant disputes the claimant's valuation of the claim?
The defendant must state why they dispute it and provide their own estimate.
69
What is a set-off in the context of a defence?
A claim that the defendant is owed money by the claimant, which offsets the amount claimed.
70
What should a defence include regarding mitigation of damages?
Any matters related to mitigation or reduction of damages.
71
What is the standard structure for a defence?
* Respond point by point to allegations in the particulars of claim
* Adopt defined terms used in the particulars
* Include a general denial at the end
72
What is the purpose of a reply?
To allege facts in answer to the defence that were not included in the claim.
73
When should a reply be filed?
With the directions questionnaire, typically after a claim is defended.
74
What is the last statement of case in a claim?
The reply, and court permission is needed to file any statement of case after it.
75
What must every defence do regarding allegations in the particulars of claim?
Deal with every allegation by admitting, denying, or requiring proof.
76
What is the potential cost consequence of not admitting something when it should have been?
There can be costs consequences as per CPR 44.2(5)(b).
77
What is a counterclaim?
A claim made by the defendant against the claimant, included in the same document as the defence.
78
What must be included in the defence if human rights arguments are relied upon?
Any human rights arguments and relief sought.
79
What is the definition of an additional claim?
Any claim other than the claim by the claimant against the defendant.
## Footnote
Defined in CPR 20.
80
What is a counterclaim?
A claim brought by a defendant in response to the claimant’s claim, which is included in the same proceedings as the claimant’s claim.
## Footnote
Defined in CPR 20.
81
List the types of additional claims as per CPR 20.2.
* A counterclaim by a defendant against the claimant.
* A counterclaim by a defendant against the claimant and some other person.
* An additional claim by a defendant against any person claiming a contribution or indemnity.
* An additional claim by a defendant against any person claiming some remedy other than a contribution or indemnity.
* An additional claim by a defendant against any person not already a party to the proceedings.
* An additional claim by a party joined to the proceedings.
## Footnote
Summarized from CPR 20.2.
82
Can a claim by the original claimant be classified as an additional claim?
No.
## Footnote
A claim by the original claimant does not fall into any of the additional claim categories.
83
What is the definition of 'contribution' in legal terms?
A right of someone to recover from a third person all or part of the amount which he himself is liable to pay.
## Footnote
Defined in CPR.
84
What is the definition of 'indemnity' in legal terms?
A right of someone to recover from a third person the whole amount which he himself is liable to pay.
## Footnote
Defined in CPR.
85
What is a classic counterclaim?
A defendant’s counterclaim against the claimant, pursued in the same proceedings as the main claim.
## Footnote
Defined in CPR 20.4.
86
What happens if a party served with an additional claim does not file a defence?
It will be deemed to admit the additional claim.
## Footnote
Referenced under CPR 20.11.
87
What is required for a counterclaim against a person other than the claimant?
The counterclaim must be against the claimant and a third party together.
## Footnote
Defined under CPR 20.5.
88
What is necessary for a claim for contribution or indemnity to arise?
There must be other existing parties already involved in the action.
## Footnote
This typically involves more than a simple 'one claimant against one defendant' scenario.
89
What is the legal basis for a defendant to claim contribution or indemnity?
There must be a legal basis on which the defendant could base this claim.
## Footnote
Case analysis is essential.
90
What is the requirement for permission to pursue a classic counterclaim?
No permission is required if filed at the same time as the defence; permission is required if filed at any other time.
## Footnote
Referenced under CPR 20.4.
91
What is the process for applying for permission for additional claims?
Permission is applied for using the normal interim application procedure with an Application Notice, draft order, and evidence in support.
## Footnote
This includes details of the stage of the main claim.
92
What is an example of a classic counterclaim?
C sues D for £35,000 for machinery, D counters claiming loss of profits due to unsatisfactory quality.
## Footnote
This scenario illustrates a classic counterclaim (CPR 20.4).
93
What does CPR 20.6 pertain to?
Claims for a contribution or indemnity from an existing party.
## Footnote
This includes filing a contribution notice with the court.
94
What is the difference between a claim for contribution and indemnity?
Indemnity is equivalent to a 100% contribution, and each has differing legal contexts.
## Footnote
Definitions provided in CPR.
95
What must be shown for a claim for contribution or indemnity from a third party?
There must be a legal basis for the claim against the third party.
## Footnote
This is similar to claims against existing parties.
96
What are the consequences of not having permission for an additional claim?
If permission is required and not obtained, the claim may not proceed.
## Footnote
CPR outlines specific circumstances for permission.
97
What is required in the Application Notice for using the ‘normal’ interim application procedure?
A draft order and evidence in support, including details of the stage of the main claim, details of the additional claim, a summary of relevant facts, explanation of any delay, and the name and address of any proposed party
## Footnote
Refer to 20 PD 2 for specific procedural guidelines.
98
What form does a classic counterclaim usually take?
Particulars of counterclaim (CPR 20.4(1))
## Footnote
The defence and counterclaim should normally form one single document.
99
How should the defence and counterclaim be filed and served?
Together, in accordance with the time limits specified for defences
## Footnote
Refer to 20 PD 4.1 for additional guidance.
100
What is required for a claim for contribution or indemnity from an existing party?
Serving the appropriate notice
## Footnote
There is no set form for making a CPR 20.6 claim.
101
What happens if the court's permission is required for a claim?
The court will give directions on when the notice should be served.
102
What form is used to start other additional claims?
N211 claim form
## Footnote
This form is buff coloured and allows more room for party details.
103
What must be done if an additional claim is made without the court's permission?
Serve the claim form on the person against whom it is made within 14 days of issuance (CPR 20.8).
104
What must accompany an additional claim served on someone not already a party?
* A response pack * A copy of every statement of case and any other documents directed by the court
## Footnote
Refer to CPR 20.12(1) for details.
105
What does the court consider regarding remedies for additional claims?
Whether remedies should be sought via an additional claim or as a separate action
## Footnote
Refer to CPR 20.9 for guidance.
106
What happens if the defendant to an additional claim files a defence?
The court will arrange a hearing to consider case management of the additional claim (20 PD 3 and CPR 20.13).
107
How should claimants and defendants be referred to in the title of the proceedings?
As 'claimant' and 'defendant' respectively, regardless of any additional procedural status
## Footnote
Refer to 20 PD 5.2 for clarification.
108
What is the treatment of an additional claim according to CPR 20.3?
It is treated as a claim, subject to a few exceptions.
109
What occurs if a party does not file a defence to a counterclaim?
The defendant can apply for default judgment (CPR 12.3(2)(b)).
110
What happens if an existing party does not reply to a notice of contribution or indemnity?
It is not possible to apply for a default judgment.
111
What must accompany a Form N211 served on a new party?
An acknowledgment of service and a response pack.
112
What happens if a party fails to reply to a Form N211 within the specified time limits?
It will generally be deemed to admit the claim and bound by the judgment in the main claim
## Footnote
Refer to CPR 20.11(2) for specifics.
113
What is the significance of CPR 20 in relation to claims?
It contains detailed provisions regarding different types of counterclaims and additional claims that can be made after a main claim has started.
114
What are new parties involved in additional claims referred to as?
Third Party, Fourth Party, etc.
115
What does an indemnity equate to in the context of a contribution claim?
A 100% contribution.
116
What must parties do upon receiving an additional claim?
Respond to it to avoid default judgment or being deemed to have admitted the claim.
117
What is the primary reason a party might need to amend a statement of case?
Due to adding a party or claim, change in knowledge, or drafting error.
118
What must amendments to statements of case be verified by?
A Statement of Truth (CPR 22).
119
Which CPR rule deals with general amendments?
CPR 17.
120
Which CPR rule governs amendments that remove, add, or substitute a party?
CPR 19.
121
What is the court's stance on amendments after the limitation period has expired?
The rules are particularly strict.
122
True or False: A party can amend a statement of case at any time before it is served.
True.
123
What is the general rule regarding costs when a party amends a statement of case?
The party making the amendment will bear the costs arising from it.
124
What should an amended statement of case filed without court permission include?
'Amended [particulars of claim/defence] under CPR [rule 17.1(1) or 17.1(2)(a)] dated …'
125
What must a party do if they seek to amend a statement of case after it has been served?
Apply to the court for permission (CPR 17.1(2)(b)).
126
What should the party seeking to amend file with the court?
An application notice and a copy of the proposed amended statement of case.
127
What is the typical timeframe to file an amended statement of case after permission is granted?
Within 14 days of the order granting amendment.
128
What must be included when filing an amended statement of case with court permission?
'Amended [particulars of claim/defence] by order of [Mr Justice…] dated …'
129
What is the overriding objective of the court when considering amendments?
To deal with cases justly and at proportionate cost (CPR 1.1).
130
What must an applicant show when seeking permission for a late amendment?
A good explanation for the delay and the strength of the new case.
131
What is a critical factor when granting permission for an amendment close to trial?
Avoiding unfairness and the risk of postponing the trial.
132
What did the Swain-Mason case establish regarding late amendments?
A heavy onus lies on the party seeking a late amendment to justify it.
133
What is required for an amendment to add, remove, or substitute a party?
The court's permission, unless the claim form has not yet been served.
134
What is the consequence if a claimant fails to join a necessary party?
They may recover nothing if the blame lies with the unjoined party.
135
What is the general rule regarding amendments after the limitation period has expired?
Such amendments are generally not allowed (s.35(3) Limitation Act 1980).
136
Under what circumstances can a new cause of action be added after the limitation period?
* Court discretion in personal injury actions (s.33 Limitation Act 1980)
* Original set off or counterclaim (s.35(3) Limitation Act 1980)
* Arises from the same or substantially the same facts (s.35(5)(a) Limitation Act 1980)
137
What does an amendment adding a new duty or obligation usually raise?
A new cause of action.
138
What must the court examine to determine if an amendment raises a new cause of action?
The alleged duty, breach, causation, and loss.
139
Fill in the blank: An amendment adding additional facts or particulars which clarify an existing duty does ______ raise a new cause of action.
not
140
What does the court examine when assessing an alleged duty?
The alleged duty, breach, causation, and loss.
141
What is required for an amendment to be considered a new cause of action?
There must be a new distinct allegation.
142
What happens if the only change is the addition of a further instance of the alleged breach?
There will be no additional cause of action.
143
What is the interplay between general provisions for amendments and those for adding or substituting parties?
Any change in the parties necessitates an amendment to the statements of case.
144
What are the three main situations that can arise when changing parties?
* Correcting a mistake as to the name of a party (CPR 17.4(3))
* Changing the capacity of a party (CPR 17.4(4))
* Changing the identity of a defendant (CPR 19.6)
145
Under what conditions can parties be added or substituted after the limitation period?
* The limitation period was current when the proceedings were started
* The addition or substitution is 'necessary' (CPR 19.6(2))
146
What defines 'necessary' in the context of adding or substituting parties?
The court must be satisfied that a new party is substituting for one named in error, or the claim cannot proceed without the new party.
147
What distinguishes a mistake in name only from a mistake in identity?
Mistakes in name do not create reasonable doubt about the identity of the party.
148
What is the test for identifying a defendant according to The Sardinia Sulcis case?
Has the intended defendant been identified in the statements of case 'by reference to a description more or less specific to the particular case'?
149
What happens if a claim form names Daryl Boardman instead of the correct defendant, Darren Boardman?
The court has the power to allow amendment (CPR 17.4(3)).
150
What occurs if the intended defendant is misidentified as a completely different person?
The court cannot allow the amendment under CPR 17.4(3).
151
What is required for amendments to statements of case once served?
Written consent from all other parties or permission from the court (CPR 17.1(2)).
152
What can a party do if the statement of case has not been served?
Amend its statement of case without the court's permission (CPR 17.1(1)).
153
What must be shown in the amended statement of case?
Amendments must be shown by coloured amendments or a numerical code (17 PD 2.2).
154
What color order is used for successive amendments?
* Red
* Green
* Violet
* Yellow
155
What must the amended statement of case contain?
The appropriate endorsement and be verified by a statement of truth (CPR 22.1(2)).
156
What can occur after an amended statement of case has been served?
There may be knock-on amendments to existing statements of case.
157
What do CPR 17 and 19 deal with?
Amendments to statement of case.
158
What can late amendments cause?
Injustice to other parties or risk the hearing date.
159
What happens if amendments add new causes of action or change parties?
They are treated as a separate claim commenced on the same date as the original claim.
160
What special consideration does the court take for post limitation amendments?
Ensuring no prejudice to a defendant deprived of their defense of limitation.
161
What can a party obtain from the other party according to CPR 18?
Further information to clarify or give additional information in relation to any matter which is in dispute in the proceedings.
162
How is whether a matter is 'in dispute' typically determined?
By reading the statements of case.
163
What should requests for further information be confined to?
Matters which are reasonably necessary and proportionate to enable the party seeking clarification or information to prepare its own case or understand the case it has to meet.
164
List examples of why a party may request further information.
* To obtain admissions
* To reveal weaknesses in the other party’s case
* To obtain information about facts needed to prove their case
* To acquire advance details of a witness's testimony
* To clarify the other party’s case
* To narrow issues between the parties
165
What is expected before making a request for further information to the court?
A party is expected to seek information from the other party on a voluntary basis first.
166
What must a written request for further information include?
A date for a response and should be concise and confined to necessary matters.
167
What must the response to a request for further information include?
It must be written, dated, signed, and include a statement of truth.
168
True or False: A party must inform the requestor if they object to providing information.
True.
169
What happens if a party does not respond to a request for further information within 14 days?
An application can be made without notice to the opponent.
170
What can the court do regarding further information?
Order a party to clarify any matter which is in dispute or give additional information.
171
What is the restriction on the use of further information provided between parties?
It is not to be used for any purpose other than the current proceedings.
172
Fill in the blank: Parties are expected to make a _______ request for further information before involving the court.
[voluntary]
173
What should a party do if the request for further information can only be complied with at disproportionate expense?
Explain the reasons why it is disproportionate.
174
What is the role of the first case management conference regarding requests for further information?
To include directions setting out the time period for serving requests and responses.
