Statements of Case

Question 1

How should a statement of case be drafted?

Answer 1

In plain English where possible

Question 2

What must the POC include?

Answer 2

(a) concise statement of facts on which C relies, demonstrating the case;

(b) if there is a claim for interest, a statement of that and the details

Question 3

How should a POC for a breached contract be structured?

Answer 3

(a) Status of the parties (e.g. a business or a consumer);

(b) Existence of the contract (date, type, subject matter, parties, consideration);

(c) Terms (details of express terms and any implied terms);

(d) Breach alleged and specifically how;

(e) Factual consequences due to the breach;

(f) Damage and loss alleged;

(g) Interest, must be claimed if the party wants it.

Question 4

How should a POC for negligence be structured?

Answer 4

(a) Status of the parties;

(b) Existence of DOC;

(c) Breach of DOC;

(d) Causation;

(e) Damage

Question 5

What must C not do in a POC?

Answer 5

Argue the case. It is solely an unbiased view of the facts and how they would fit into the breach alleged.

Question 6

What is the purpose of the defence?

Answer 6

To either:

deny;
not admit; or
admit

parts of the claim

Question 7

How should a defence be structured?

Answer 7

It should follow the structure POC and address each line in the defence.

Question 8

What should be included when the defendant denies part of a claim?

Answer 8

(a) The defendant’s reasons for doing so; and

(b) their version of events if different from that given by D

Question 9

What happens if a defendant fails to address a point in the POC?

Answer 9

If a point isn’t addressed, it is deemed to be accepted.

Question 10

When is the burden of proof on the defendant in their defence?

Answer 10

If they claim:
(a) contributory negligence; and
(b) a failure by C to mitigate their loss

Question 11

When is a counterclaim served?

Answer 11

When D alleges they have their own cause of action against the claimant.

Question 12

Is permission required from the court to file a counterclaim?

Answer 12

No, but only if the defence hasn’t been filed.

If a defence has been filed, the defendant will require permission to file a counterclaim.

Question 13

What additional claims can be made against third parties?

Answer 13

(a) Contribution; and
(b) Indemnity

Question 14

How can an amendment to a statement of case be made before filing and service?

Answer 14

Can be made at any time without permission.

Question 15

How can an amendment to a statement of case be made after filing and service?

Answer 15

Requires:

(a) written consent of all the parties; or
(b) with the permission of the court

Question 16

What does the court consider when determining an application to amend a statement of case?

Answer 16

It considers the overriding objective and the injustice to the applicant if the application is refused, and the injustice to the other party if it is accepted.

Question 17

When would the court allow an amendment to a statement of case after the expiry of the limitation period?

Answer 17

(a) to add or substitute a new claim (arises from the same/substantially the same facts as the existing claim);

(b) to correct a genuine mistake regarding party names;

(c) to alter the capacity in which a party claims.

Question 18

How can a party request further information?

Answer 18

(1) They ask the opposing party directly, if the other party refuses, then;

(2) They apply to court requesting the information

Question 19

Why would a party request further information?

Answer 19

To:

(a) clarify any matter in dispute; or
(b) give additional information in relation to any such matter