Statements Of Case

Question 1

Which part of the CPR is responsible for obtaining further information?

Answer 1

CPR 18

Question 2

Examples of where a party may wish to request further information

Answer 2

• obtain admissions
• obtain information about weaknesses in a party’s case
• obtain information about facts which the opponent needs for their case
• acquire details of what a witness may say before exchange of documents
• clarification of a party’s case

Question 3

How should a party make a request to obtain further information (18 PD 1)?

Answer 3

Should go to the opponent first and request it voluntarily, which is requested in writing, stating a date in response. Request should be concise and confined to matters which are reasonably necessary and proportionate to enable the requesting party to prepare its own case.
Where this does not work then they will need to make an application to the court.
18 PD 1 - contains the instructions of how this is done

Question 4

How does a party respond to a request for further information (18 PD 2)?

Answer 4

The response must be written, dated and signed by the party or its legal representative and include a statement of truth.
Response must be sent to the other party AND FILED AT COURT.

Question 5

What must a party do if it refuses to respond to a request for further information? (18 PD 4)

Answer 5

If the party objects, then they must state in writing why they object, they must do this within the timeframe set from the original request. It must be officially explained why the request is rejected, i.e. it would be disproportionate and unnecessary etc.

Question 6

Can the court order the party to clarify further information? (CPR 18.1)

Answer 6

Yes, the court can order a party to clarify any matter which is in dispute in the proceedings or give additional information in relation to any such matter where or not the matter is contained or referred to in a statement of case.

Question 7

When can you apply to the court to request further information? (18 PD 1.1)

Answer 7

When the party who the request is sent to has not responded or they have rejected the request.

Question 8

How do you apply to the court to request further information? (18 PD 5)

Answer 8

You need to make an interim application under CPR 23. If party has not responded after 14 days, the application can be made without notice to the opponent and the court can deal with it without a hearing.

Question 9

After there has been a court order to request information, how must the party respond?

Answer 9

They must respond within the timeframe set by the court. This must be filed and served on all the parties and the court within this timeframe. Statement of truth is also a requirement

Question 10

Restriction on the use of further information requests (CPR 18.2)

Answer 10

The court can direct that further information given by a party to another party either voluntarily or pursuant to an order in CPR 18.1 to be used for any other purpose other than the proceedings they are in.

Question 11

Which civil procedure rules apply in relation to a defence?

Answer 11

CPR 16.5-16.6

Question 12

Which civil procedure rules apply in relation to a reply?

Answer 12

CPR 15.8 & 15.9

Question 13

What is the purpose of a defence

Answer 13

Used for the defendant to set out their case, in response to the particulars of claim.
React to every point of the allegation
State in full details of the defendants case.
They must deal with each individual particulars of claim

Question 14

How do you structure a defence?

Answer 14

Follow the structure of the POC, with adding any additional defences at the bottom

Question 15

What personal details need to be included in a defence statement?

Answer 15

Defendants address for service within the jurisdiction, unless a AOC has already been filed
Must also indicate where a defendant resides or carries on business if the claim form does not contain any such information

Question 16

What can the defendant do in relation to each allegation within the POC?

Answer 16

Admit
Deny
Require proof
(Can be a mix of all)

Question 17

What must be contained if the defendant admits the allegation?

Answer 17

If the defendants admits, no further evidence has to be brought forward from the C
Party should admit all facts which are not in dispute, or not controversial.

Question 18

What consequences are there for not admitting something which you should have done?

Answer 18

There can be costs consequences. CPR 44.2(5)(b)

Question 19

What should the defendant include to deny the allegations in the defence?

Answer 19

These are disputes in any facts which have occurred within the defendants knowledge
When the defendant denies an allegation, they must give reasons.
If a different version of events occurred, the defendants must put these (CPR 16.5(2))
It is not acceptable to make a bare denial

Question 20

What should the defendant do if they require proof?

Answer 20

The defendant must therefore require the C to further prove the allegation to them.

Question 21

What happens if you fail to deal with an allegation?

Answer 21

• If the defendant omits to deal with any allegation made by the claimant, the defendant will be deemed to admit it, unless it has set out its own case in respect of that allegation, in which case it will be deemed not to admit it, ie to require the claimant to prove it (CPR 16.5(3) and (5)).
• In a money claim, however, it will always be understood that the amount claimed is not admitted unless the defendant specifically admits it (CPR 16.5(4)). It is still good practice to ensure that every allegation set out in the particulars of claim is dealt with in the defence.

Question 22

What specifics regarding limitation need to be included in the defence?

Answer 22

Limitation: this is a defence to a claim - it is not (perhaps surprisingly) a bar to the claim being brought. If the defence of limitation is being raised, the defendant must state the date on which the limitation period is deemed to have expired (16 PD 13.1).

Question 23

The defence: What if a defendant disputes the statement of value?

Answer 23

Disputing the statement of value: a defendant may dispute the claimant’s valuation of the claim. If so, the defendant must state why it disputes it, and what it estimates the value to be (CPR 16.5(6)).

Question 24

What specifics must be included in defending a PI claim in regards to loss?

Answer 24

In personal injury claims, the defendant must state whether it agrees, disputes or has no knowledge of the matters in the schedule of past and future expenses and losses, and any medical report included with the particulars, giving reasons and its own counter-schedule and (if relied upon) medical evidence (16 PD 12).

Question 25

What may the defence include regarding mitigation or reduction of damages?

Answer 25

Set-off Other defences Any human rights arguments Counterclaims

Question 26

What is a set-off?

Answer 26

The defendant may claim he is owed money by the claimant, and may wish to rely on this as part of his defence to the claimant's claim. The defendant is effectively saying 'I don't owe you X, because you owe me X, and the two cancel each other out'. If the defendant is able to and wishes to rely on a defence of set-off, it must be set out in the defence.

Question 27

What is a reply?

Answer 27

A reply is an optional statement of case served by the claimant.

Question 28

What is the purpose of a reply?

Answer 28

Allege facts in answer to the defence which were not included in the claim (CPR 15.8) – the contents will therefore be factual allegations which answer 'new' points raised in the defence. There is no particular structure for a Reply.

Question 29

When do you file a reply?

Answer 29

Replies are not filed in every case but, if there is one, it should be filed with the directions questionnaire (the directions questionnaire is a case management document which the court directs should be filed after a claim is defended. Parties are given at least 14 days' notice of the deadline for doing this)(15 PD 3.2A). This time limit is different in some specialist proceedings (eg Commercial Court claims) so it is necessary to check the relevant rules and court guides if dealing with a specialist claim.

Question 30

What is it meant by a ‘last statement of case’?

Answer 30

The reply should be the last statement of case in a claim and permission of the court is needed to file any statement of case after the reply (CPR 15.9).

Question 31

what must be contained on a claim form?

Answer 31

- concise statements of facts - the remedy C seeks - statement of value for money claims - interest when there is a specified sum - such other matters required by a practice direction

Question 32

for claims against the crown, what must be contained in a claim form as well as the usual contents?

Answer 32

- which government department and officers of the crown concerned - brief details of the circumstances

Question 33

if the claim form does not contain the POC, what must it state?

Answer 33

that the POC is to follow. this must be served 14 days after service of the clam form

Question 34

if the claimant is claiming in a representative capacity or the defendant is being sued in a representative capacity, what must the claim form state?

Answer 34

what that capacity is.

Question 35

can the court grant a remedy not specified in the claim form?

Answer 35

yes, the court may do this.

Question 36

where the claimant is making a claim for money, what must the claim form state?

Answer 36

the amount of money claimed that the claimant expects to recover: - not more than £10,000; - more than £10,000 but not more than £25,000; - more than £25,000; or that the claimant cannot say how much is likely to be recovered.

Question 37

for personal injury cases, except from some road traffic cases, and the claimant is claiming of pain, suffering and loss of amenity, they must state whether their expectant losses are —

Answer 37

either: - not more than £1,500; or - more than £1,500

Question 38

where the claimant is seeking repairs from a landlord, they must state whether the estimated cost for the repairs and/or the value of any other clam for damages is —

Answer 38

either: - not more than £1,000; or - more than £1,000

Question 39

for a claim in the high court, the claim form must:

Answer 39

- state that C is to recover more than £100,000 - state any enactment which allows the claim to be in the high court - state that the value is £50,000 or more for personal injury cases - state that the claim is for the specialist high court list and which list it belongs to.

Question 40

when calculating how much the claimant is to recover for the purposes of the claim form, the claimant must disregard the following:

Answer 40

- awards of interests and costs - court makes a finding of contributory negligence - defendant makes a counterclaim and claims set-off - Defendant is liable under section 6 of the social security (Recovery of benefits) act 1997

Question 41

what must a POC contain?

Answer 41

- concise statements of facts which C relies on - if C is claiming interest, the calculation of that interest and what basis - off C is claiming aggravated, exemplary or provisional damages, a statement and the grounds of that effect. - such other matters set out in a practice direction

Question 42

if the claimant is claiming interest, what must be included in the POC?

Answer 42

stet whether they are doing so: - under the terms of a contract - under an enactment and if so which one - on some other basis and what that basis is if the claim. is for a certain amount: - the percentage rate at which interest is claimed - the date from which it is claimed - the date on which it is calculated, no later than the date on the claim form - total amount of interest - daily rate at which interest accrues

Question 43

what address should the claim form contain?

Answer 43

the address of where the claimant resides or carries on the business depending on what basis the clamant is claiming, i.e. in the name of the individual or the business itself.

Question 44

if the statement of case exceeds 25 pages (not including a schedule) then what must be contained?

Answer 44

an appropriate short summary must be filed ands served.

Question 45

what happens if the claim form is issued without a full address?

Answer 45

it will be retained by the court and won't be served until the full address is supplied. Or the court has dispensed with the requirement to do so.

Question 46

for the heading of a claim form, what must be included for the names of the parties when the party is an individual?

Answer 46

for an individual, the full name and title by which the person is known

Question 47

for the heading of a claim form, what must be included for the names of the parties when the party is carrying on a business in a name other than their own name?

Answer 47

for an individual carrying on business other than in their own name, the full name of the individual, the title by which they are known, and the full trading name (for example, Jane Smith “trading as” or “T/as” “JS Autos”);

Question 48

for the heading of a claim form, what must be included for the names of the parties in the case of a partnership?

Answer 48

for a partnership (other than a limited liability partnership (LLP))— (a)where partners are sued in the name of the partnership, the full name by which the partnership is known, together with the words “(a Firm)”; or (b)where partners are sued as individuals, the full name of each partner and the title by which each is known

Question 49

for the heading of a claim form, what must be included for the names of the parties when the party is a limited company?

Answer 49

in the case of a company or limited liability partnership registered in England and Wales, the full registered name, including suffix (plc, Limited, LLP, etc), if any

Question 50

for the heading of a claim form, what must be included for the names of the parties when the party is any other company or corporation?

Answer 50

for any other company or corporation, the full name by which it is known, including suffix where appropriate.

Question 51

if it is practicable, where should the POC be set out?

Answer 51

in the claim form

Question 52

POC not included in the claim form must be verified by what?

Answer 52

statement of truth

Question 53

POC not included in the claim form must be verified by what?

Answer 53

statement of truth

Question 54

POC served separately to the claim form must contain —

Answer 54

(1)the name of the court in which the claim is proceeding; (2)the claim number; (3)the title of the proceedings; and (4)the claimant’s address for service.

Question 55

for personal injury claims, the POC must include —

Answer 55

- C's date of birth; and - brief details of C's injuries

Question 56

what must be attached to a POC in personal injury cases?

Answer 56

a schedule of past/future expenses and losses claimed.

Question 57

where C is relying on evidence by a medical practitioner, what should be attached to the POC in a personal injury claim?

Answer 57

a report from the medical practitioner about the personal injuries C alleges in their claim.

Question 58

in provisional damages claim, what must C state in the POC?

Answer 58

(1)that they are seeking an award of provisional damages under either section 32A of the Senior Courts Act 1981 or section 51 of the County Courts Act 1984; (2)that there is a chance that at some future time the claimant will develop some serious disease or suffer some serious deterioration in their physical or mental condition; and (3)specify the disease or type of deterioration in respect of which an application may be made at a future date.

Question 59

Where a claim is made for an injunction or declaration relating to any land or the possession, occupation, use or enjoyment of any land the particulars of claim must—

Answer 59

- state whether or not the injunction or declaration relates to residential premises, and - identify the land (using a plan where necessary).

Question 60

Where a claim is brought to enforce a right to recover possession of goods the particulars of claim must contain...

Answer 60

... a statement showing the value of the goods.

Question 61

Where a claim is based upon a written agreement—

Answer 61

- a copy (or copies) of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing; and - any general conditions of sale incorporated in the contract should also be attached (but where the documents are bulky it is acceptable to attach or serve only the relevant parts of the contract or documents).

Question 62

where the claim is based on an oral agreement, the POC must contain....

Answer 62

...the contractual words used and state by whom, to whom, when and where they were spoken.

Question 63

Where a claim is based upon an agreement by conduct, the particulars of claim must specify...

Answer 63

...the conduct relied on and state by whom, when and where the acts constituting the conduct were done.

Question 64

In a claim issued in the High Court relating to a Consumer Credit Agreement, the particulars of claim must contain...

Answer 64

... a statement that the action is not one to which section 141 of the Consumer Credit Act 1974 applies.

Question 65

A claimant who wishes to rely on evidence under section 11 or 12 of the Civil Evidence Act 1968 must contain:

Answer 65

in the particulars of claim a statement to that effect and give the following details— - the type of conviction, finding or adjudication and its date; - the court or Court-Martial which made the conviction, finding or adjudication; and - the issue in the claim to which it relates.

Question 66

The claimant must specifically set out the following matters in the particulars of claim where they wish to rely on them in support of the claim—

Answer 66

(1)any allegation of fraud; (2)the fact of any illegality; (3)details of any misrepresentation; (4)details of all breaches of trust; (5)notice or knowledge of a fact; (6)details of unsoundness of mind or undue influence; (7)details of wilful default; and (8)any facts relating to a claim for mitigation expenditure.

Question 67

Where a claim is for a sum of money expressed in a foreign currency it must state—

Answer 67

(1)that the claim is for payment in a specified foreign currency, (2)why it is for payment in that currency, (3)the Sterling equivalent of the sum at the date of the claim, and (4)the source of the exchange rate relied on to calculate the Sterling equivalent.

Question 68

Where new matters have come to light a party may seek the court’s permission to....

Answer 68

...amend their statement of case. this also prevents inconsistency as a subsequent statement of case must not contradict or be inconsistent with an earlier one; for example a reply to a defence must not bring in a new claim.

Question 69

In clinical negligence claims, what should be inserted at the top of every statement of case?

Answer 69

the words “clinical negligence”

Question 70

when should D file an AOS?

Answer 70

- they are unable to file a defence in the time specified in CPR 15.4 (14 days after the service of the POC) - disputing the court jurisdiction

Question 71

consequences of not filing an AOS?

Answer 71

if D fails: - to file an AOS within 14 days of service of POC; and - fails to file a defence within the time limit of 14 days of POC then C may obtain judgment in default

Question 72

the period for filing an AOS is —

Answer 72

(a) 14 days after service of the particulars of claim where the defendant is served with a claim form which states that particulars of claim are to follow; and (b) 14 days after service of the claim form in any other case.

Question 73

if D denies a statement, what must they contain in their defence?

Answer 73

(a) they must state their reasons for doing so; and (b) if they intend to put forward a different version of events from that given by the claimant, they must state their own version.

Question 74

If a defendant fails to deal with an allegation but sets out in the defence the nature of their case in relation to the issue to which that allegation is relevant...

Answer 74

...it shall be taken to require that allegation to be proved.

Question 75

Where the claim includes a money claim, the claimant must prove...

Answer 75

...any allegation relating to the amount of money claimed, unless the defendant expressly admits the allegation.

Question 76

save for any exceptions, a D who fails to deal with any allegations in their defence raised in the POC, shall....

Answer 76

...be taken to admit that allegation

Question 77

if the defendant is defending in a representative capacity, they must state...

Answer 77

...what that capacity is

Question 78

the defendant must give an address for service if...

Answer 78

...they have not filed an AOS.

Question 79

Where a defendant contends that they are entitled to money from the claimant and relies on this as a defence to the whole or part of the claim...

Answer 79

...the contention may be included in the defence and set off against the claim, whether or not it is also an additional claim.

Question 80

If a claimant does not file a reply to the defence, the defendant must...

Answer 80

...prove the matters raised in the defence.

Question 81

If a claimant files a reply to a defence but fails to deal with a matter raised in the defence, the defendant must...

Answer 81

...prove that matter even though it is not dealt with in the reply.

Question 82

the courts power to dispense with statements of case allows the court to make an order that the claim will continue without any other statement of case only when the claim form has —

Answer 82

- been issues in accordance with CPR 7.2; and - been served in accordance with CPR 7.5 (issues and served correctly)

Question 83

do the CPRs dealing with defences and replies apply to Part 8 claims?

Answer 83

No.

Question 84

a defendant who wishes to defend part or whole of a claim must do what?

Answer 84

file a defence

Question 85

what is the consequence for failing to file a defence?

Answer 85

judgment in default

Question 86

The general rule is that the period for filing a defence is—

Answer 86

(a) 14 days after service of the particulars of claim; or (b) if the defendant files an acknowledgment of service under Part 10, 28 days after service of the particulars of claim.

Question 87

agreement for the extension for filing a defence

Answer 87

The defendant and the claimant may agree to extend the period for filing a defence specified in rule 15.4 by up to 28 days. Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

Question 88

a copy of the defence must...

Answer 88

...be served on all the parties

Question 89

when a defendant wants to make a counterclaim, which CPR applies?

Answer 89

CPR 20

Question 90

If a claimant files a reply to the defence the claimant must—

Answer 90

- file the reply with a directions questionnaire; and - serve the reply on the other parties at the same time as it is filed; and the reply should form one document with any defence to counterclaim, with the defence to counterclaim following the reply, unless the dates on which they are due to be filed differ from one another.

Question 91

a statement of case may not be filed after the a reply unless....

Answer 91

...permission is obtained from the court

Question 92

Where the only claim is for a specified amount of money and the defendant states in his defence that he has paid to the claimant the amount claimed, the court will...

Answer 92

...send notice to the claimant requiring the claimant to state in writing whether the claimant wishes the proceedings to continue. A copy of the claimant’s response must be served on the defendant at the same time as it is filed. If the claimant fails to respond within 28 days after service of the court’s notice the claim shall be stayed. Any party may apply under Part 23 for the stay to be lifted. The application must include an explanation for the delay in proceeding with or responding to the claim.

Question 93

when will a claim be stayed automatically?

Answer 93

(a) at least 6 months have expired since the end of the period for filing a defence specified in rule 15.4; (b) no defendant has served or filed an admission or filed a defence or counterclaim; and (c) no party has entered or applied for judgment under Part 12 (default judgment), or Part 24 (summary judgment); and (d) no defendant has applied to strike out all or part of the claim form or particulars of claim,

Question 94

application to lift automatic stay of proceedings

Answer 94

Any party may apply under Part 23 for the stay to be lifted. The application must include an explanation for the delay in proceeding with or responding to the claim.

Question 95

what forms are used for defending a money claim?

Answer 95

form N9B for specified amount form N9D for unspecified amount these are included int he response pack which is served on the defendant alongside POC

Question 96

where there is a defence and counterclaim, how is this drafted?

Answer 96

in one singular document

Question 97

where C is filing a reply and defence to counterclaim, how will this be drafted?

Answer 97

in one singular document

Question 98

Where the claim is for personal injuries and the claimant has attached a medical report in respect of the alleged injuries, the defendant should—

Answer 98

state in the defence whether the defendant agrees, disputes or neither agrees nor disputes but has no knowledge of, the matters contained in the medical report; where the defendant disputes any part of the medical report, give in the defence their reasons for doing so and where the defendant has obtained their own medical report, attach it to the defence.

Question 99

Where the claim is for personal injuries and the claimant has included a schedule of past and future expenses and losses, the defendant should include in or attach to the defence a counter-schedule stating—

Answer 99

- which of those items the defendant agrees disputes or neither agrees nor disputes but has no knowledge of; and - where any items are disputed, supplying alternative figures where appropriate.

Question 100

can a party refer to a point of law in their statement of case?

Answer 100

Yes. only where it is necessary

Question 100

can a party refer to a point of law in their statement of case?

Answer 100

Yes. only where it is necessary

Question 101

can a party put the names of witnesses they intend to call in their statements of case?

Answer 101

Yes.

Question 102

can a party attach any documents to their statements of case?

Answer 102

Yes. it helps with proving the points they plead