Statements of Case Flashcards
What is a Part 20 claim?
A standard counterclaim is a Part 20 claim
What is an additional claim?
Any claim other than the claim by the claimant against the defendant
What is a counter claim (a type of additional claim)?
A claim brought by a defendant in response to the claimant’s claim, which is included in the same proceedings as the claimant’s claim
How can a defendant make a claim against a claimant and a third party?
Before making the claim, the defendant must get an order from the court adding the third party as a party proceedings (application notice to court with evidence, without notice, with the draft statement of case)
When is permission required for a counterclaim against a person other than the claimant?
Permission is always required
When is permission from the court required for claims for a contribution or indemnity from an existing party?
- no permission is required if filed and served at the same time as the defence
- permission required if any other time
When can a party amend a statement of case?
A party can amend a statement of case at any time before it is served
Even if claim form has been issued but not yet served, the court’s permission is ont required
What is the general rule as to the costs for amending a statement of case?
The party making the amendment will bear the costs of and arising from the amendment
Is the court’s permission required to add, remove or substitute a party?
Yes, court’s permission is always required, unless the claim form has not yet been served
What can a party do if it needs to amend a statement of case that has already been served?
The statement of case can be amended either with consent from the other party, or failing that, with permission from the court via an application to amend
Does a defendant need to respond to allegations raised in a letter of claim?
No - a defendant only needs to respond to the particulars of claim
What should a defendant do if the allegations in the particulars of claim differ to those set out in the letter of claim?
The defendant need only admit, deny or state which allegations are neither admitted nor defined in respect to the particulars of claim
- Defendant should deal principally with allegations made in the particulars of claim, but can draw attention to inconsistencies in the documents where appropriate
- Defendant should state that the claimant is required to prove the allegations that the subject of non-admissions
Does a response to a request for further information require a statement of truth?
yes, a statement of truth is required as the response to the request is a statement of case
Contents of particulars of claim - interest
Legal basis for claim for interest:
- the contract between the parties
- statutory right to interest:
s35A Senior Courts Act for claims in High Court
S69 County Courts Act for claims in County Court
What must the statement about interest in the particulars of claim contain?
A statement that interest is being claimed under either Senior Courts Act (HC) or County Courts Act (CC),
- the percentage rate which is being claimed,
- the date from which it is being claimed,
- date to which it is calculated,
- total amount of interest claimed to that date,
- daily rate at which interest accrues after that date
What is a counterclaim?
A counterclaim is a separate claim to the main claim and is normally made at the same time the defendant files its defence.
If counterclaim is made after the defendant files its defence, permission of the court is needed
Does the counterclaim need to be related to the main claim?
No - it may or may not have anything to do with the claimant’s action
- it is immaterial that the facts of the case are different from those in the original claim, the defendant can still bring a counterclaim without needing to issue proceedings separately
However, the parties must be suing/being sued in the same capacities
What is the burden of proof?
Every fact in dispute must be proved and the burdden of proving any issue generally falls on the party who asserts it
Claimant must prove:
- duty, breach, causation, loss (contract or negligence)
Defendant must prove:
- contributory negligence (if any)
- where defendant’s version of the facts is correct
When will permission to amend a statement of case not be required?
Any party may amend their statement of case at any time before it has been served on any other party
- neither the court’s permission or other party’s consent is required (if statement of case has NOT been served)
What are the four main statements of case?
- Claim form
- Particulars of Claim
- Defence + reply
- Counterclaims + set off
What do all SoC require?
All Statements of case require a statement of truth
- there are cost consequences of not complying with formalities
What is the claim form?
- Used to commence proceedings: sets out key elements of the claim
- Procedure: Form N1, court issue fee
- stops time running for limitation period
What does CF contain?
- concise statements of nature of claim
- remedy sought
- if money claim, statement of value
Personal injury claim:
- C must state whether the £ they expect to recover (for pain+suffering) IS/IS NOT more than £1.5k
NON-PI claim over £100k in HC should state:
- exact £ oof claim and statement saying they expect to recover more than £100k
What is the particulars of claim
- if served separately from CF, has to be sent within 14 days of service of CF
- must outline duty/breach/causation/loss
- closes with the prayer - remedies sought by C
- written agreements: attached
- oral agreements: outline what was said
- conduct: whom/when/where?
- relating to land: identify the land
- PI claims: include C’s date of birth, injury details, medical expert reports, schedule of losses
