General

Question 1

what is a specified and unspecified claim? what happens if a claim includes both elements?

give an example

Answer 1

Specified claim = claim for a fixed amount of money (i.e. debt claims)

Unspecified claim = claim for an amount which needs to be determined by the court (i.e. damages in tort)

Claim inc. spec. + unspec. elements = whole claim treated as unspec. claim

i.e. unpaid invoice (spec) + damages for loss of reputation (unspec.)

Question 2

what must all statements of case include? (4)

Answer 2

o Be verified by a statement of truth
o Inc. essential facts on which the party seeks to rely (not detailed evidence or allegations unless evidenced)
o Properly formatted i.e. page + paragraph numbers, numbers expressed as figures
o Properly headed up inc. name of court, claim no, party name + status (C/D)

Question 3

why is it important SOCs are properly pleaded?

Answer 3

can only purse issues/remedies pleaded in SOC

Question 4

how is the statement of truth signed if the SOC is signed by a legal representative?

Answer 4

sign in legal rep’s name + state name of firm

i.e. Jane Smith, Smith Solicitors

Question 5

what is the wording of the statement of truth (not CF)?

Answer 5

[I believe] [The claimant believes] that the facts stated in this [document] are true. [I understand] [The claimant or as may be understands] 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.