Statements of Case

Question 1

C’s Particulars of Claim should provide enough information to identify the _____ and parties so that the judge may give directions to ensure the trial can proceed promptly, _____, and proportionally, in keeping with the __________ ________

Answer 1

issues, fairly, overriding objective

Question 2

Particulars of claims - for contracts

Can you name any of the 6 features must they have?

Answer 2

1. Parties
2. Nature of agreement
3. Terms that may have been breached
4. Facts showing breach and losses
5. Remedy sought
6. Statement of truth

Question 3

Particulars of claims - for Road accident and personal injury

Can you name any of the 7 features they must have?

Answer 3

1. Description of incident
2. Allegations of negligence
3. Relevant convictions
4. Injuries suffered
5. Schedule of past and future losses
6. Remedy sought
7. Statement of truth

Question 4

Particulars of claims - for employer liability tort claims

Can you name any of the 7 features they must they have?

Answer 4

1. Establishment of employer-employee relationship
2. Circumstances of injury
3. Allegations of breach
4. Injuries suffered
5. Schedule of past and future losses
6. Remedy sought
7. Statement of truth

Question 5

If C is claiming interest, what 4 items must they state on the particulars?

Answer 5

1. Basis of the claim
2. Percentage applicable
3. Date the claim for interest ends
4. Total amount claimed

Question 6

What are 8 other specific details/facts that must be included in the particulars if they’re applicable?

(getting some of these right are fine!)

Answer 6

1. Fraud
2. Illegality
3. Misrepresentation
4. Breach of trust
5. Knowledge of fact
6. Unsoundness of mind or undue influence
7. Wilful default
8. D’s failure to mitigate loss/damage

Question 7

What must a D who wishes to defend a claim prepare and serve on every other party?

Answer 7

A defence

Question 8

What are the three ways in which D must respond to every paragraph of the Particulars?

Answer 8

1. Admit the truth
2. Deny the truth
3. Non-admission (neither admit or deny)

Question 9

What must D do if they deny the truth of a paragraph in particulars, and what must C do in response?

Answer 9

D must state reasons or set out an alternative version of events, C must prove their facts

Question 10

Why would D make a non-admission of a paragraph in the particulars? What must C do in response?

Answer 10

Because the facts alleged are outside D’s knowledge. C must prove the facts

Question 11

In a personal injury claim, the defence must state whether D agrees or does not dispute the ______ report served with the particulars

Answer 11

medical

Question 12

What does it mean if D admits damages subject to liability?

Answer 12

D can admit the amount of damages but deny liability, in which case C will recover the agreed damages if they prove liability

Question 13

What is the term given to a statement of case that a party may send in response to a defence?

Answer 13

A reply

Question 14

Is a reply optional?

Answer 14

Yes - usually only prepared if something has been raised in the defence which requires a response

Question 15

What type of claims are D’s claims against third parties who may be liable to the C or D, and counterclaims against C?

Answer 15

Part 20 Claims

Question 16

What is a counterclaim?

Answer 16

D’s claim against C for losses arising from the same set of circumstances involved in C’s claim

Question 17

What are three main features of a counterclaim?

Answer 17

1. Must be brought within same set of proceedings
2. Brought by an existing D against C
3. A monetary claim in its own right

Question 18

What is a third party claim?

Answer 18

D claims that a person who is not party to the action has caused C’s losses

Question 19

What is the difference between an indemnity and a contribution where another party is liable and makes payments to D for C’s claim?

Answer 19

Indemnity is repayment for the whole amount

Contribution is repayment for some of the amount

Question 20

When does D not need court permission to file a Part 20 claim?

Answer 20

If they file the Part 20 claim with their defence

Question 21

Does D require court permission to make a Part 20 claim if it’s made during a time not in their defence?

Answer 21

Yes

Question 22

If a court gives permission for a Part 20 claim, how many days within issue must the person serve it to the other party?

Answer 22

14 days

Question 23

Within how many days of service of the Part 20 claim must defences to Part 20 claims be served?

Answer 23

14 days

Question 24

What can a party request to the other party (or the court if the other party doesn’t respond in a reasonable timeframe) to clarify a matter in dispute or for additional information related to a matter?

Answer 24

Request for further information

Question 25

Can you name one of the 5 grounds for objecting a request for further information?

Answer 25

1. Unnecessary, irrelevant, or improper request
2. Responding party is unable to provide information/clarification
3. Requesting party gave insufficient time to reply
4. Expense of complying is disproportionate to the claim/contrary to overriding objective
5. Responding party is not to answer due to privilege

Question 26

What are 2 ways a party amend a statement of case once it’s been served?

Answer 26

1. Written consent of all other parties
2. Permission of the court

Question 27

A court can order a person to ______ to be a party if it is not _____ for them to be a party in the proceedings

Answer 27

cease, desirable

Question 28

What are 2 situations in which a court may substitute a new party for an existing party?

Answer 28

1. Existing party’s interest/liability has passed to new party
2. Desirable to do so to resolve matters in dispute

Question 29

How can a party add a new party to a claim after the limitation period has expired?

Answer 29

By applying to the court to disapply the limitation period