Statements of Case Flashcards
(53 cards)
What is the purpose of statements of case in litigation?
To inform parties and the court of each side’s case, clarify agreed/disputed facts, and define the issues for trial.
What are the main statements of case under the CPR?
- Claim form
- Particulars of claim
- Defence
- Reply
- Counterclaim
What principle applies to facts not included in a statement of case?
A party is generally barred from raising new factual issues not pleaded in its statements of case.
What is the purpose of the claim form?
It initiates proceedings and outlines the claim, naming the parties and stating key facts and remedies sought. Form N1
How is value expressed in the claim form?
- Exact sum (for specified claims)
- Range (e.g., under £10,000 / over £25,000)
- “Cannot say” for unspecified claims
What is excluded when calculating value?
Interest, costs, counterclaims, contributory negligence, state benefit deductions.
What is the purpose of the particulars of claim?
To set out the claimant’s full case, including all material facts relied on
What structure should particulars of claim follow?
- Parties’ identities and relationship
- Duty
-Breach - Causation
- Loss
- Interest and remedies (‘prayer’)
What should not be included in particulars of claim?
- Legal arguments
- Evidence
What extra details are required for specific types of claim?
- PI: DOB, injuries, schedule of losses, expert report
- Contract (written): attach copy
- Contract (oral): specify words, parties, date
- Conduct: set out acts relied on
What are the options for pleading interest?
- Exact calculation (for specified claims)
- General claim for statutory interest (unspecified claims)
What is the purpose of a defence?
To respond to the particulars of claim by admitting, denying, or requiring proof for each allegation
What must a defence include?
- Address for service
- Admissions/denials/proofs
- Limitation defence, if relied upon
- Disputed valuation (if applicable)
- Human rights issues (if relied on)
What happens if an allegation is not addressed in the defence?
It is deemed admitted unless otherwise pleaded
What should the defence do about undisputed matters?
Admit them—failure to do so may result in costs sanctions
What is set-off and how is it pleaded?
A claim that the claimant owes money to the defendant, cancelling part/all of the claim; it must be set out in the defence.
What is a general denial?
A standard final paragraph denying the claimant is entitled to any or all of the claim.
What is the purpose of a reply?
To address new facts raised in the defence not already answered in the particulars of claim
Is a reply mandatory?
No—it is optional and only needed if new issues arise.
When must a reply be filed?
With the directions questionnaire, unless court rules require otherwise
Can further statements of case be filed after a reply?
Only with court permission
What is a counterclaim?
A claim by a defendant against the claimant in the same proceedings
When can a defendant file a counterclaim without court permission?
When filed with or at the same time as the defence
What must a counterclaim contain?
Duty, breach, causation, and loss—like a particulars of claim
