Statements of Case Flashcards
What is a statement of case?
Umbrella term for claim form, particulars, etc.
Which statements of case should be verified by a statement of truth?
All of them.
What happens if a statement of case doesn’t contain a statement of truth?
Remains effective unless struck out
Consequences of signing a false statement of truth
This is potentially contempt
Special rule for clinical negligence statements of case
Must have ‘clinical negligence’ at the top
What must be included in a claim form?
Concise statement of nature of claim
Remedy sought
For money claims, a statement of value
For a specified sum, the interest already accrued
What must a statement of value contain, generally?
Amount of money claimed.
That C expects to recover not more than 10,000, more than 10,000 but not more than 25,000, or more than 25,000, or that the claimant cannot say how much is likely to be recovered.
What must a statement of value contain when it is a PI claim?
Whether the amount they expect to recover as general damages for pain, suffering and loss of amenity is not more than 1000 or more than 1000.
What must a statement of value contain in a claim by a tenant of residential premises against the landlord?
Where the tenant is seeking an order for the landlord to carry out repairs, whether the estimated cost of the repairs is more or less than 1000 and whether the value of any other claim for damages is more or less than 1000.
What must a statement of value contain in a claim to be issued in the High Court?
Must state that C expects to recover 100,000 (or 50,000 or more in PI), or that some other enactment provides it should be commenced in HC or the claim is to be in one of the specialist HC lists.
In calculating the statement of value, must disregard
Interest Costs Contributory negligence Counterclaim or set off Recovery of benefits
Does the statement of value limit the court in relation to how much it can award?
No
Can the court grant a remedy to the claimant if it is not on the claim form?
Yes
What must/may be included in particulars of claim?
Concise statement of the facts on which the claimant relies: Must not plead evidence or law. Must set out all the elements of the cause of action and all material particulars
As a matter of practice, well-drafted PoC include fact-specific particulars of negligence/breach of contract, and particulars of loss/damage.
May give the names of witnesses they propose to call (but not their evidence).
May refer to any point of law but not argue the point.
Specific requirements for PoC when interest claimed
Statement that interest is claimed
Whether it is claimed under the terms of a contract or pursuant to a statute or on some other stated basis
If claim is for a specified sum, then:
Percentage rate of interest claimed
Date from when claimed
Date to which calculated (up to issue of claim form)
Total interest to date of issue
Continuing interest at a stated daily rate
Specific requirements for PoC when damages claimed
Must specifically include any claim for aggravated, exemplary, or provisional damages (claim that there is a chance that in the future D will develop some serious disease or suffer some serious deterioration). In the case of the latter, must specify disease or type of deterioration.
Specific requirements for PoC in PI claims
C’s date of birth
Brief details of C’s injuries
Schedule of past and future expenses and losses
Medical report about C’s injuries (can serve this separately)
Specific requirements for PoC in contract claims
If based on a written agreement, a copy of the contract or the documents constituting the agreement should be attached (can serve this separately)
General conditions of sale incorporated into the contract should be attached
If based on conduct, the conduct, by whom, when, and where should be specified
If based on oral agreement, set out contractual words used, by whom and to whom, when and where
If contract is in foreign currency, the sterling equivalent and the source of the exchange rate
Specific requirements for PoC in injunction claims in relation to land
Identify the land, by reference to a plan where necessary, and state if it is residential
Specific requirements for PoC in injunction claims in claims for possession of goods
Statement of the value of the goods
Will court strike out for failing to give specific particulars of negligence?
Court will be slow to strike out for failing to give sufficient particulars of negligence, but it may be appropriate.
Particulars must be provided in any statement of case (not just PoC) in cases of
Fraud Illegality Misrepresentation Breach of trust Notice or knowledge of any fact Unsoundness of mind or undue influence Wilful default Mitigation of loss
Civil Evidence Act
A claimant who wishes to rely on evidence under s.11 Civil Evidence Act of a conviction or offence or s.12 Civil Evidence Act of a finding or adjudication of adultery or paternity must include in his particulars of claim a statement to that effect, and give the following details:
Type of conviction, finding or adjudication and date
Court which made conviction, finding or adjudication
The issue in the claim to which it relates
What must D do after receiving PoC (time limits)?
Must respond in some way within 14 days. If not in position to file and serve defence within 14 days, can file an acknowledgement of service first and then a full defence. If acknowledgement fo service filed, 28 days from the deemed date of service of particulars of claim to file and serve defence. If needs more than 28 days, other side can agree a further period of up to 28 days. D must notify the court in writing of such an agreement.
