Particulars of claim Flashcards
(14 cards)
what is the purpose?
informs D of case to be answered
what must be inc. in the POC?
o Concise statement of facts C is relying on (i.e. facts which support each element of the COA)
o Interest (if being claimed)
o Remedy sought (inc. grounds for any aggravated or exemplary damages)
re: breach of contract POC + negligence/breach of duty
what are the key elements to be included?
- Particulars of claim
- Particulars of breach / negligence (+injury if PI)
- Particulars of damage/loss
- ‘and the claimant claims’ (i.e. summary of remedies sought - not compulsory but good practice)
- Statement of truth
re: breach of contract POC
what must be addressed under the ‘particulars of claim’ section?
explain each part
PARTIES
o Names, background, relationship - ‘C at all material times was’
THE CONTRACT
o Oral/written (if oral who, when, where, how)? Date? Subject matter? Each parties’ agreement? Price?
o Written agreement must be annexed
TERMS OF THE CONTRACT
o Relevant express + implied terms
DEFENDANT’S KNOWLEDGE (optional)
o If D might allege remoteness inc. para re: D’s knowledge
re: breach of contract POC
what must be addressed under the ‘particulars of breach’ section?
explain each part
BREACH OF CONTRACT
o Facts of the breach ‘in breach of terms [X], on [DATE] D did…’
LOSS AND DAMAGE
o ‘As a result of D’s breach of contract C has suffered loss and damage:’
re: breach of contract POC
what must be addressed under the ‘particulars of loss/damage’ section?
explain each part
Itemised list of loss/damage
o Must be clear the breach caused the loss (causation)
Basis for assessment of damages (if not clear) i.e. expectation or reliance loss
Interest = ‘C claims interest pursuant to [BASIS]…’
Compliance with pre-action protocols
re: breach of contract POC
explain how interest is claimed in specified and unspecified claims and the potential basis
‘C claims interest pursuant to [BASIS]…’
Spec. claim = basis + statement of interest
‘…at a rate of [%] from [DATE] to [DATE] amounting to [DATE] at [DATE] and continuing at a daily rate of [£ ]
Daily interest = (amount owed x interest %) / 365
Total interest = daily interest x no. days since debt was due
Unspec. claim = basis only
Basis:
Contract
Statute (i.e. Late Payment of Commercial Debts Act = 8% from date due. Commercial debts only. n/a to specified claims)
Court’s inherent jurisdiction (Senior Courts Act or County Court Act) ‘…at a rate and for a period the court seems just’
re: breach of contract POC + negligence
how is the ‘and the claimant claims’ section structured?
i.e. the remedies sought.
o Damages for breach of contract
o Interest on those damages [repeat above details]
o Costs
re: breach of contract POC + negligence
what is included under the statement of truth element?
- Statement of truth
- Signature of person who drafted
- Date served + by who
re: negligence/breach of duty POC
what must be annexed if a PI claim?
o Any medical report C seeks to rely on +
o Schedule of claimed past and future expenses and losses
re: negligence/breach of duty POC
what must be addressed under the ‘particulars of claim’ section?
explain each part
PARTIES
o inc. name, background, relationship ‘C at all material times was’
o If PI claim must inc. C’s DOB
o If duty of care not clear explain DOC owed + scope - ‘D owed C a duty to exercise reasonable skill and care to be expected of a competent [ ]
THE [EVENT/ACCIDENT]
o Facts which lead to loss/damage
[NEGLIGENCE/BREACH OF DUTY]
o ‘The [event/accident] was caused by the negligence of D:’
re: negligence/breach of duty POC
what must be addressed under the ‘particulars of negligence’ section?
explain each part
- Facts as to how D breached the duty they owed i.e. acts D did but shouldn’t have done or failed to do
- ‘D was negligent in that they [allowed C to/failed to take any or adequate steps]
LOSS AND DAMAGE
o ‘As a result of the [accident/event] set out above, C has suffered [pain and injury and sustained] loss and damage:
re: negligence/breach of duty POC
what must be addressed under the ‘particulars of injury’ section?
explain each part
Details of injury. Can signpost to medical report.
re: negligence/breach of duty POC
what must be addressed under the ‘particulars of loss/damage’ section?
explain each part
If PI claim - ‘damages claimed are set out in schedule served with POC’
Itemised list of loss/damage
o Must be clear the breach caused the loss (causation)
‘the loss set out above was within the scope of D’s duty to C’
Interest
o Spec. elements = basis + statement of interest
o Unspec. (more common in tort) = basis
Compliance with pre-action protocols
