Statements of case Flashcards
1
Q
What are statements of case?
A
Documents by which a claimant sets out the factual basis of their claim and relief sought
2
Q
What are two common elements found in every statement of case?
A
A formal case heading at the top and a statement of truth at the end.
3
Q
Why is it important for statements of case to be concise
A
clear
4
Q
What are some potential costs consequences for serving deficient statements of case?
A
Having to pay costs related to amendments or wasted time.
5
Q
What tactical disadvantages might arise from deficient statements of case?
A
Potentially serious issues impacting the party’s position in the claim.
6
Q
What information must be included in the case heading of every statement of case (7A PD 4.1)?
A
The court/division
7
Q
Where is the court and/or division typically located in the case heading?
A
Top left-hand corner of the page in capitals (e.g.
8
Q
Where is the proceedings number typically located in the case heading?
A
Top right-hand corner of the page (e.g.
9
Q
What information is included when listing the parties in the case heading?
A
The full name of each party and their status (e.g.
10
Q
According to 5A PD 2
A
what formatting requirements apply to all statements of case?
11
Q
What is the purpose of a statement of truth (CPR 22.1(1)(a))?
A
To formally confirm that the person signing believes the document is true
12
Q
What is a potential consequence of making a false statement in a document verified by a statement of truth without an honest belief in its truth?
A
Proceedings for contempt of court
13
Q
Where can examples of the format for a statement of truth be found?
A
In the relevant Practice Direction.
14
Q
What is the standard wording for a statement of truth where the party is an individual?
A
I believe that the facts stated in this [claim form/defence/etc.] are true. … I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
15
Q
What is the standard wording for a statement of truth where the party is a company?
A
[The claimant/defendant] believes that the facts stated in this [claim form/defence/etc.] are true. I am duly authorised by the [claimant/defendant] to sign this statement. … I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
16
Q
What is the fundamental purpose of statements of case?
A
To outline the parties’ positions regarding the factual basis of the claim and the claimant’s entitlement to relief.
17
Q
What must every statement of case include at the top?
A
The title of the proceedings.
18
Q
What formatting rules must all statements of case adhere to?
A
Uniform standard formatting rules (numbered paragraphs
19
Q
What is a mandatory requirement for every statement of case regarding its content and verification?
A
A statement of truth.
20
Q
What does the statement of truth formally confirm?
A
That the contents of the statement of case are true.
21
Q
What are the potential consequences for signing a statement of truth without an honest belief in its truth?
A
Contempt of court proceedings.
22
Q
What is the primary purpose of the claim form?
A
To commence proceedings and set out key elements of the claim
23
Q
What type of document is the claim form in terms of statements of case?
A
The first statement of case.
24
Q
Who is responsible for preparing the claim form?
A
The claimant.
25
What is the usual form number for a claim form (7A PD 3.1)?
Form N1.
26
Are there special claim forms for specialist proceedings?
Yes
27
What information regarding the parties must the claim form contain?
Their names and addresses.
28
How must parties be referred to in the claim form?
In a particular way
29
Why must the representative capacity of a party be stated on the claim form?
So that the people allegedly represented may be bound by the court's decision.
30
Give an example of how an individual should be named on a claim form.
Fred Michael Flagston.
31
Give an example of how a sole trader should be named on a claim form.
Fred Michael Flagston (trading as Fred's Café).
32
Give an example of how partners suing as individuals should be named on a claim form.
(1) Fed Michael Flagston (2) William Aaron Rouble.
33
Give an example of how partners suing in the name of the partnership should be named on a claim form.
Flagstones (a Firm).
34
Give an example of how a company should be named on a claim form.
Rock Limited.
35
Give an example of how a Limited Liability Partnership should be named on a claim form.
Rock LLP.
36
Give examples of how a trust should be named on a claim form.
Trustees of the [e.g.
37
Give an example of how a deceased person should be named on a claim form where probate/letters of administration have been granted.
Jane Wilson (as administratrix / executrix of John Wilson).
38
Give an example of how a deceased person should be named on a claim form where probate/letters of administration have not been granted.
The personal representatives of John Wilson deceased.
39
What is the significance of the parties' addresses on the claim form?
They serve as the addresses for service.
40
What additional address must the claimant provide if it is different from the address for service (16 PD 2.2)?
An address where it resides or carries on business.
41
What brief details of the claim must the claimant include on the claim form?
A concise statement of the nature of the claim and the remedy sought.
42
What is the 'concise statement of the nature of the claim'?
A very brief summary of the type of claim
43
Is it necessary to expressly include a claim for costs on the claim form (CPR 16.2)?
No.
44
What must the claim form include where the claimant is making a claim for money (CPR 16.3)?
A statement of the amount claimed or the expected value of the claim.
45
What are the three ways to state the value of a money claim on the claim form?
Specify the amount
46
What is the purpose of stating the expected recovery bracket for an unspecified claim?
It is used to provisionally allocate the claim to a track.
47
Is the court limited by the claimant's statement of value in the claim form (CPR 16.3(7))?
No
48
In a personal injury claim
what additional statement regarding the expected recovery for pain
49
When must a 'jurisdictional endorsement' be included in the claim form (CPR 16.3(5))?
When the claimant has a choice and chooses to issue in the High Court.
50
For a non-personal injury money claim over £100
000 issued in the High Court
51
What factors are disregarded when calculating the value of the claim for the statement of value in the claim form?
Interest
52
What is the statement of case where the claimant sets out their case in detail?
The particulars of claim.
53
In what type of cases might the particulars of claim be included on the claim form itself?
Relatively concise cases
54
If the particulars of claim are a separate document
how might they be served?
55
If the particulars of claim are served separately
what must they contain?
56
What is the claim form's dual role?
It is the first statement of case and it starts the claim.
57
What key elements of the claim are set out in the claim form?
The identity of the parties.
58
What are the mandatory contents of the claim form?
Parties' names and addresses
59
Where are particulars of claim usually found?
In a separate document
60
What is the primary purpose of the particulars of claim?
To set out the claimant's case in full detail
61
What is the particulars of claim considered in terms of statements of case?
The claimant’s main statement of case.
62
What is a fundamental requirement regarding the content of the particulars of claim (CPR 16.4(1)(a))?
'A concise statement of the facts on which the claimant relies'.
63
What essential elements of the claimant's cause(s) of action must the particulars of claim cover?
Duty owed by the defendant
64
What is the purpose of including 'background facts' in the particulars of claim?
To 'tell the story' and assist the reader in understanding the case.
65
What should the particulars of claim articulate regarding the defendant's actions?
The material facts and allegations showing a duty
66
What should the particulars of claim NOT set out?
Law
67
When is evidence typically provided in proceedings?
At a later stage
68
When is law typically argued in proceedings?
By the advocate in their submissions.
69
What specific types of damages must be claimed and the grounds given in the particulars of claim (CPR 16.4)?
Aggravated
70
What specific information should be included in the particulars of claim for personal injury claims (16 PD 4)?
Claimant's date of birth
71
What must be included in particulars of claim relating to land (16 PD 7.1)?
Identification of the land and clarification on whether it includes residential premises.
72
What must be done if the claim is based on a written agreement (16 PD 7.3)?
The written agreement (and any incorporated general conditions) should be attached.
73
What details must be provided if the claim is based on an oral agreement (16 PD 7.4)?
The exact words spoken
74
What details must be provided if the claim is based on an agreement by conduct (16 PD 7.5)?
The specific conduct relied upon and who did what
75
Where can detailed rules on including information about past convictions
fraud
76
What must be included in the particulars of claim if any human rights arguments are relied upon or relief is sought (16 PD 14)?
The human rights arguments and/or relief sought.
77
What is the purpose of claiming interest on the principal amount?
To compensate for the delay in receiving the money due if the claimant wins.
78
What two potential legal bases exist for claiming interest?
A contract between the parties or a statutory right.
79
What are the relevant statutes for claiming statutory interest in the High Court and County Court?
Section 35A Senior Courts Act 1981 (High Court) and section 69 County Courts Act 1984 (County Court).
80
What are the two main ways of setting out a claim for interest in the particulars of claim?
Calculating the exact amount of interest claimed or pleading the interest generally.
81
When is the 'exact calculation' method for claiming interest typically used?
Only for specified claims (debt or liquidated damages).
82
What specific details are needed when pleading interest with exact calculation?
The percentage rate
83
When is the 'pleading interest generally' method used?
For unspecified claims where the court decides the amount of damages.
84
Give examples of types ('heads') of damage that typically fall under unspecified claims.
Loss of goodwill
85
In a statutory interest claim
does the court have discretion over whether to award interest?
86
In personal injury claims with damages over £200
is the award of some interest discretionary?
87
In debt claims where the whole debt is paid during proceedings
is the award of some interest discretionary?
88
What is the logical structure that particulars of claim typically follow?
Duty > Breach > Causation > Loss.
89
What is the purpose of introducing each party at the beginning of the particulars of claim?
To help the court understand the context of the claim.
90
What is the purpose of the 'prayer' at the end of the particulars of claim?
To provide a quick summary of the remedies sought by the claimant.
91
What are the key components of the 'prayer'?
A clear statement of what the claimant formally asks the court to order.
92
What is the particulars of claim's main function as a statement of case?
To provide a concise statement of facts supporting the claimant's cause of action (usually duty
93
What are some examples of specific rules for the content of particulars of claim?
Attaching written agreements
94
What are the key considerations when claiming interest in the particulars of claim?
The legal basis (contractual or statutory) and how to set it out (exact calculation for specified claims
95
What is the purpose of the defence?
To set out the defendant's case in response to the claimant's particulars of claim.
96
What actions does the defendant take with the defence document?
Files it at court and serves it on the other parties.
97
What are the two main functions of the defence document?
To react to every point in the particulars of claim and to state full details of the defendant's own case.
98
What must the defendant do in relation to each allegation in the particulars of claim?
Deal with it individually.
99
What must every defence include (unless an acknowledgment of service has been filed)?The defendant's address for service in the jurisdiction (CPR 16.5(8)).
Defence contents – general
100
What other address information might the defence need to include?
Where the defendant resides or carries on business if not in the claim form.
101
What are the three ways a defendant can respond to each allegation by the claimant (CPR 16.5(1))?
Admit
102
What is the consequence if a defendant admits an allegation?
The claimant does not need to provide further evidence for that allegation.
103
When should a party admit an allegation?
If it is not disputed or non-controversial.
104
What are the potential costs consequences of not admitting something that should have been admitted (CPR 44.2(5)(b))?
The party may face costs sanctions.
105
When are denials used?
To dispute facts that would have been within the defendant's knowledge if they occurred.
106
What must a defendant do if they deny an allegation (CPR 16.5(2))?
Give reasons for the denial and state their own version of events if different.
107
What is unacceptable in a defence when denying an allegation?
A 'bare denial' without giving reasons.
108
What is the effect of a denial by the defendant?
The claimant will have to prove the allegation.
109
When can a defendant require proof of an allegation?
If they are unable to admit or deny it because they lack knowledge of the alleged fact.
110
What is the key question to ask when deciding whether to deny or require proof?
What direct knowledge of the alleged facts could your client have had?
111
What is the consequence of failing to deal with an allegation in the particulars of claim (CPR 16.5(3) and (5))?
It will be deemed admitted
112
What is the specific rule for money claims regarding allegations of the amount claimed (CPR 16.5(4))?
The amount claimed is always understood as not admitted unless specifically admitted by the defendant.
113
What must a defendant state if raising the defence of limitation (16 PD 13.1)?
The date on which the limitation period is deemed to have expired.
114
What must a defendant do if they dispute the claimant's valuation of the claim (CPR 16.5(6))?
State why they dispute it and provide their estimated value.
115
In personal injury claims
what must the defendant state regarding the claimant's schedule of expenses/losses and medical report (16 PD 11)?
116
What must be stated in the defence regarding mitigation or reduction of damages?
Any relevant matters.
117
What is 'set-off' and how should it be pleaded in a defence?
Claiming the claimant owes the defendant money
118
What other defences or issues of fact not included in the claim must be specifically set out in the defence?
Examples include fraud or illegality.
119
What must be included in the defence regarding human rights arguments or relief sought (16 PD 15)?
Any relied-upon arguments or sought relief.
120
What related document might be included with the defence?
A counterclaim against the claimant.
121
What is a good way to structure a defence?
Respond point by point to the allegations in the particulars of claim
122
What is a common way to begin a defence if the claimant used defined terms?
By adopting those defined terms.
123
How should the defence typically respond to the introductory paragraph of the particulars of claim (party introductions)?
Usually by admitting it.
124
How should the defence respond to the substantive allegations in the particulars of claim?
By admitting
125
What is a 'general denial' often included near the end of a defence?
A denial of the claimant's entitlement to the claimed sum or any part of it.
126
What two formal elements does the defence share with all other statements of case?
A case heading at the top and a statement of truth at the end.
127
Is a reply a mandatory statement of case?
No
128
What is the purpose of a reply (CPR 15.8)?
To allege facts in answer to the defence that were not included in the claim.
129
What is the typical content of a reply?
Factual allegations that respond to 'new' points raised in the defence.
130
Is there a specific structure for a reply?
No particular structure.
131
When should a reply be filed if one is needed?
Usually with the directions questionnaire (15 PD 3.2A)
132
What is the time limit for filing the directions questionnaire (and thus often the reply)?At least 14 days' notice of the deadline is given after the claim is defended (but check specialist rules).
Reply – when to file
133
What is the reply considered in terms of the sequence of statements of case?
The last statement of case
134
What is the defendant's main statement of case responding to the particulars of claim?
The defence.
135
How must the defence address each allegation in the particulars of claim?
By admitting
136
What is the general consequence of not addressing an allegation in the defence?
It will be taken as admitted by the defendant.
137
Are there specific content rules for the defence based on the type of claim or specific points?
Yes.
138
What formal elements are included at the beginning and end of the defence?
The case heading and the statement of truth.
139
What is the claimant's optional final statement of case responding to the defence?
The reply
140
What are the possible statements of case that might be served after the initial response to a claim?
A counterclaim by the defendant
141
What CPR part deals with counterclaims?
CPR 20.
142
What is a counterclaim in the context of civil proceedings?
A separate claim made by the defendant against the claimant within the same proceedings as the main claim.
143
When is a counterclaim normally made?
At the same time as the defendant files its defence.
144
What is required if a counterclaim is made after the defence has been filed?
Permission of the court (CPR 20.4(2)).
145
How is a defendant's counterclaim against a claimant usually pursued?
In the same proceedings and under the same claim number as the main claim.
146
Is it mandatory for a defendant to combine a counterclaim with the main claim?
No
147
What must a counterclaim be based on?
Case analysis confirming a viable cause of action (duty
148
Do the parties in a counterclaim need to be suing/being sued in the same capacities as in the main claim?
Yes.
149
What can the court do if it believes a counterclaim should not be heard with the main claim?
Order that the counterclaim be struck out (CPR 3.4) or heard separately (CPR 3.1(2)(e)).
150
What form should a counterclaim take if made with the defence (CPR 15.7)?
A single document with the defence
151
What should the document containing the defence and counterclaim be entitled?
'Defence and Counterclaim'.
152
What is a counterclaim essentially?
A particulars of claim by another name.
153
What rules must a counterclaim comply with?
The rules on particulars of claim (CPR 16.4 and 16 PD)
154
Is a court fee payable for filing a counterclaim?
Yes.
155
What is 'set off' in the context of a defence?
A defence where the facts giving rise to a counterclaim are used to reduce or extinguish the claimant's main claim.
156
Can set off be a partial or complete defence?
Yes.
157
What is the effect of set off on the claimant's claim?
It can 'extinguish' any claim up to the same amount against the defendant.
158
In the set off example provided
if the claimant wins £20
159
What is the legal effect of set off illustrated in the example?
The amount owed to the defendant by the claimant is deducted from the claimant's judgment against the defendant.
160
According to the set off consequences table
if the claimant is successful and the defendant is successful on the counterclaim
161
According to the set off consequences table
if the claimant is unsuccessful and the defendant is successful on the counterclaim
162
According to the set off consequences table
if the claimant is successful and the defendant is unsuccessful on the counterclaim
163
What are the main legal bases for set off?
Mutual debts
164
What is 'equitable set-off'?
Set-off allowed by courts when there's a close connection between transactions
165
Where should the defence of set-off be set out in the Defence and Counterclaim (CPR 16.6)?
In the defence part
166
What is typical wording for pleading set-off in a defence?
A statement indicating the defendant will seek to set off any counterclaim award against the claimant's claim to reduce or extinguish it.
167
Does a claimant need to acknowledge service of a counterclaim?
No (CPR 20.4(3)).
168
When must a claimant's defence to a counterclaim be filed and served (CPR 15)?
Within 14 days after service of the counterclaim.
169
What might happen if a claimant fails to serve a defence to a counterclaim within the time limit?
A judgment in default might be entered by the defendant (CPR 12.3(2)(b)).
170
How is a defence to a counterclaim similar to a 'normal' defence?
Its contents must comply with the usual rules for defences (CPR 16.5 and 16 PD).
171
What is a reply?
An optional statement of case served by the claimant to allege facts in answer to the defence that were not in the claim (CPR 15.8).
172
When should a reply be filed?
Usually with the directions questionnaire (at least 14 days' notice after the claim is defended).
173
What formal requirement applies to a reply (CPR 22.1(1)(a))?
It must be verified by a statement of truth.
174
What form might a 'Reply and Defence to Counterclaim' take (CPR 15.8(b))?
A single document with the defence to counterclaim following on from the reply.
175
What is the reply considered in terms of the sequence of statements of case (CPR 15.9)?
The last statement of case
176
What are the three main remaining statements of case at this stage?
Counterclaim
177
What is a counterclaim?
A claim by the defendant against the claimant in the same proceedings.
178
What legal elements must a counterclaim be based on?
A cause of action with duty
179
What is the relationship between a counterclaim and set off?
The facts of a counterclaim may also form the basis of a set off defence in the main claim if the legal basis exists.
180
What is the effect of set off?
To reduce the claimant's claim against the defendant by the amount of the defendant's claim against the claimant.
181
How is a disputed counterclaim addressed by the claimant?
It needs to be defended in the same way as any other claim.
182
What is the purpose of the reply?
For the claimant to allege new facts in response to the defence.
183
What is the definition of an 'additional claim' under the CPR?
Any claim other than the claim by the claimant against the defendant.
184
What is a 'counterclaim' defined as?
A claim brought by a defendant in response to the claimant’s claim
185
According to CPR 20.2
what are the different types of additional claims?
186
Can a claim by the original claimant be considered an additional claim?
No
187
What is the CPR definition of 'contribution'?
A right to recover all or part of a liability from a third person.
188
What is the CPR definition of 'indemnity'?
A right to recover the whole amount of a liability from a third person.
189
What are the main statements of case in a defended claim?
Claim form
190
What is a 'classic counterclaim' (CPR 20.4)?
A defendant’s counterclaim against the claimant
191
What does the claimant typically serve in response to a disputed classic counterclaim?
A defence to counterclaim.
192
How are the main claim and a classic counterclaim managed if both are disputed?
They proceed to case management (directions stage) together.
193
In the machinery example
what type of additional claim is D's claim for loss of profit against C?
194
How is an additional claim generally treated under the CPR (CPR 20.3)?
Subject to a few exceptions
195
What is the implication of an additional claim being treated as a claim?
The party served must file a defence according to usual rules (CPR 15.2)
196
What is a counterclaim against a person other than the claimant (CPR 20.5)?
A counterclaim by the defendant against the claimant AND some other person.
197
What is a key requirement for a counterclaim against a person other than the claimant?
The defendant's cause of action must be against the claimant AND the third party together.
198
What must happen if the 'other person' in a CPR 20.5 counterclaim is not already a party?
They need to be joined to the main claim as a third party.
199
What must be the relationship between the claimant and the third party in a CPR 20.5 counterclaim?
There must be some connection in respect of the counterclaim.
200
In the homeowner example
what type of additional claim is the defendant's claim against the builder and architect?
201
What do claims for 'contribution' or 'indemnity' involve?
A defendant seeking to recover some or all of their liability in the main claim from someone else.
202
For CPR purposes
what is an indemnity equivalent to?
203
Where might a right to contribution arise?
In tort
204
Where might a right to indemnity often arise?
From a contract or a statutory provision.
205
What is the hallmark of claims for contribution or indemnity?
The claimant is seeking to recover something they are obliged to pay to someone else.
206
How does a defendant make a claim for contribution or indemnity against an existing party (CPR 20.6)?
By filing a contribution notice with the court and serving it on the other party.
207
When is permission generally NOT required for a CPR 20.6 claim?
If filed and served at the same time as/with the defence
208
What form is used to start 'other additional claims' (CPR 20.7)?
Form N211.
209
When is permission generally NOT required for 'other additional claims' (CPR 20.7)?
If the claim is issued before or at the same time as the defence is filed.
210
How is permission for an additional claim applied for?
Using the normal interim application procedure with an application notice
211
What form does a classic counterclaim usually take (CPR 20.4(1))?
'Particulars of counterclaim'
212
How is a claim for contribution or indemnity against an existing party (CPR 20.6) made?
By serving the appropriate notice (no set form
213
How are 'other additional claims' started?
By issuing an N211 claim form.
214
What must accompany an additional claim form (N211) served on a non-party (CPR 20.12(1))?
A response pack and copies of all statements of case and other directed documents.
215
What must be served on every existing party when an additional claim form is issued (CPR 20.12(2))?
A copy of the additional claim form.
216
Why are additional claims often heard in the same proceedings?
To save time and costs
217
What is a key factor the court considers when deciding whether to allow an additional claim in the same proceedings (CPR 20.9)?
Whether there is a substantial connection between the original proceedings and the proposed additional claim.
218
What happens if a defendant to an additional claim (other than a counterclaim) files a defence?
The court will arrange a hearing for case management of the additional claim (20 PD 3 and CPR 20.13).
219
How are original claimants and defendants referred to in the title of proceedings
even with additional claims (20 PD 5.2)?
220
How are additional parties referred to in the title of proceedings (20 PD 5.3)?
According to the order they are joined (e.g.
221
In the example of a counterclaim against the claimant and a new party
how are they titled?
222
Can default judgment be obtained if a defence to a counterclaim is not filed?
Yes (CPR 12.3(2)(b)).
223
Can default judgment be obtained if an existing party doesn't reply to a contribution or indemnity notice?
No.
224
What is the consequence if a non-party fails to reply to an additional claim form (N211) appropriately (CPR 20.11(2))?
They will generally be deemed to admit the claim and be bound by the main claim's judgment relevant to the additional claim.
225
Is default judgment generally available against a non-party who fails to reply to an N211?
No
226
What is the main focus of CPR 20?
The different types of counterclaim and additional claims that can be made after the main claim starts.
227
Who might claim a contribution or indemnity in additional claim proceedings?
A party (other than the claimant) against another existing party or a new party.
228
How are new parties involved in additional claims typically referred to?
As 'Third Party'
229
What is the purpose of an indemnity or contribution in additional claims?
To cover amounts the claiming party is ordered to pay to the claimant in the main claim.
230
What is the relationship between an indemnity and a contribution?
An indemnity is equivalent to a 100% contribution.
231
Is court permission always required to make an additional claim?
No
232
What is the risk for parties who don't respond to an additional claim?
Risk of default judgment (in some cases) or being deemed to have admitted the claim and being bound by the main claim's judgment.
233
Why might a party need to amend a statement of case?
Due to adding a party or claim
234
What must amendments to statements of case generally be verified by (CPR 22)?
A Statement of Truth
235
Which CPR parts govern amendments to statements of case and changes to parties?
CPR 17 (general amendments) and CPR 19 (adding
236
What is the court's stance on costs related to amendments?
The amending party usually bears the costs of and arising from the amendment.
237
When can a party amend a statement of case without permission or consent (CPR 17.1(1))?
At any time before it is served.
238
What is the scope of amendments allowed before service?
Can be extensive
239
What caveat applies to amendments before service that alter the parties if the claim form has been served?
Consent or permission may be needed due to potential consequential amendments to the served claim form.
240
What power does the court retain over amendments made without permission (CPR 17.2)?
The power to disallow such amendments.
241
When can any statement of case be amended with written consent (CPR 17.1(2)(a))?
At any time.
242
Who generally bears the costs of amendments made by consent (PD 17)?
The party making the amendment.
243
How should an amended statement of case be endorsed if filed without court permission (17 PD 2.1(2))?
'Amended [document type] under CPR [rule] dated …'.
244
What power does the court retain over amendments made by consent (CPR 17.2)?
The power to disallow such amendments.
245
When is court permission needed to amend a statement of case (CPR 17.1(2)(b))?
When the statement of case has been served and written consent is not given.
246
What should be filed with an application for permission to amend (17 PD 1.2)?
An application notice and a copy of the proposed amended statement of case.
247
What directions might the court give if permission to amend is granted (CPR 17.3(1))?
Directions on consequential amendments and service of amended statements of case.
248
How long does the applicant usually have to file the amended statement of case after a permission order?
14 days
249
How should an amended statement of case be endorsed if filed with court permission (17 PD 2.1(1))?
'Amended [document type] by order of [Judge's name] dated …'.
250
When should an amended statement of case be re-verified by a statement of truth?
If the substance of the statement of case is changed by the amendment.
251
What is the general principle guiding the court's decision on granting permission to amend?
To give effect to the overriding objective of dealing with cases justly and at proportionate cost (CPR 1.1).
252
What balance does the court seek when deciding on an amendment application?
Between injustice to the applicant if refused
253
When might an application to amend a defence be refused?
If the proposed amendment has no prospect of success.
254
What is the court's likely approach to 'late amendments' (near trial date)?
They will be very mindful of potential unfairness and the risk to the trial date.
255
What is the onus on a party seeking a late amendment (Swain-Mason case)?To justify it regarding their own position
other parties
256
In the example
why might C's late amendment to add negligence and double damages be refused?
257
What is the main test for adding
removing
258
What policy objective does the court consider when assessing the 'desirable' test for party changes?
Enabling parties to be heard if their rights may be affected.
259
What must a party have to be added as a claimant (CPR 19.4(4))?
Their consent
260
When is the court's permission always required to add
remove
261
What is the general rule regarding the timing of a new cause of action or party added by amendment after limitation?
It is deemed a separate action commenced on the date of the original action.
262
What is the usual rule regarding amendments adding a new cause of action or party after limitation (s.35(3) Limitation Act 1980)?
They will not be allowed.
263
What are some exceptions to the general rule against post-limitation amendments?
Original set-off or counterclaim
264
When can a new cause of action be added after limitation under s.35(5)(a) Limitation Act 1980?
If it arises out of the same facts or substantially the same facts as already in issue.
265
When might the court allow a post-limitation amendment to substitute or add a new claim under CPR 17.4(2)?
Only if the new claim arises from the same (or substantially the same) facts as a claim for which a remedy has already been claimed.
266
How does the court typically view an amendment adding a new duty or obligation?
Usually as raising a new cause of action (a new claim).
267
How does the court typically view an amendment adding additional facts or particulars clarifying an existing duty?
Usually not as raising a new cause of action.
268
What are the three main situations for amendments changing parties after limitation?
Correcting a mistake in name (CPR 17.4(3))
269
What are the two key requirements for adding/substituting parties after limitation (CPR 19.6(2))?
The limitation period was current when proceedings started
270
According to CPR 19.6(3)
when is addition/substitution of a party deemed 'necessary'?
271
What is the court's distinction regarding mistakes in parties' details after limitation?
Between mistakes in name only and mistakes as to identity.
272
According to The Sardinia Sulcis case
what is the test for allowing substitution of a defendant after limitation?
273
In Scenario 2 of the car accident example
why might substitution of the defendant be allowed post-limitation?
274
In Scenario 3 of the car accident example
why is substitution of the defendant NOT permissible post-limitation?
275
What is the rule for amending a served statement of case generally (CPR 17.1(2))?
Only with written consent of all parties or with court permission.
276
When is court permission required to remove
add
277
What is the rule for amending a statement of case that has not been served (CPR 17.1(1))?
The party can amend it without court permission.
278
What is the rule for changing parties if the claim form has not been served (CPR 19.4(1))?
The claimant can remove
279
What is generally required for amendments after the limitation period has expired?
Court permission.
280
What are the two main ways to show amendments in an amended statement of case (17 PD 2.2)?
Using coloured amendments or a numerical code.
281
What is the order of colours for successive amendments (17 PD 2.2)?
Red
282
What endorsements should an amended statement of case contain (17 PD 2.1)?
The appropriate endorsement indicating how the amendment was made (by consent or court order).
283
Must an amended statement of case be re-verified?
Yes
284
What is a likely consequence of amending the particulars of claim?
The defendant will likely need to amend their defence.
285
What are the key CPR parts dealing with amendments to statements of case?
CPR 17 and CPR 19.
286
What is a significant factor the court considers regarding late amendments?
Potential injustice to other parties and risk to the trial date.
287
How are amendments adding new causes of action or changing parties after limitation generally treated?
As a separate claim commenced on the date of the original claim.
288
What is a key concern for the court regarding post-limitation amendments?
Avoiding prejudice to a defendant now potentially deprived of a limitation defence.
289
Are there specific rules for post-limitation amendments?
Yes
290
What is the purpose of obtaining further information under CPR 18?
To clarify or get additional information about any matter in dispute in the proceedings.
291
Is the scope of further information limited to matters within the statements of case?
No
292
What are the key limitations on requests for further information?
They should be reasonably necessary and proportionate to prepare the requesting party's case or understand the opponent's case.
293
Give examples of reasons why a party might request further information.
To obtain admissions
294
When are directions for serving and responding to requests for further information usually included?
In the directions at the first case management conference in multi-track claims.
295
What is the expectation before applying to the court for further information (18 PD 1)?
Parties should first seek the information voluntarily from the other party.
296
How is a request for further information made?
A written request is served on the other party
297
What are the requirements for the content of a request for further information?
It should be concise and limited to reasonably necessary and proportionate matters.
298
What are the requirements for the response to a request for further information (18 PD 2)?
It must be written
299
Where should the response to a request for further information be sent?
To the requesting party and filed at court.
300
What should a party do if they object to providing the requested information (18 PD 4)?
Inform the requesting party of the objection with reasons within the timeframe of the request.
301
What is a valid reason for objecting to a request for further information?
It is irrelevant
302
When is an application to the court for further information appropriate (18 PD 1.1)?
When the other party has not responded or has objected to providing the information.
303
How should an application to the court for further information be made?
As an interim application (CPR 23 and 18 PD 5).
304
When can an application for further information be made without notice?
If the other party has not responded after 14 days.
305
What are the requirements for a response ordered by the court?
It must be filed and served within the court's specified timeframe and verified by a statement of truth.
306
What power does the court have regarding the use of voluntarily or ordered further information (CPR 18.2)?
To direct that it is not to be used for any purpose other than the current proceedings.
307
What is the initial expectation for parties seeking further information?
To make a voluntary request before involving the court.
308
Can a request for further information relate to matters outside the statements of case?
Yes
309
What action can the court take regarding further information?
It may make an order for further information.
310
What power does the court have over the subsequent use of provided further information?
To restrict its use to the current proceedings.
