Statements of Case-FS Flashcards
(29 cards)
What rule governs the use of a counterclaim in civil litigation?
Part 20 of the Civil Procedure Rules, which allows a defendant to bring a counterclaim against the claimant or a third party
When can a defendant file a counterclaim without the court’s permission?
A defendant may file a counterclaim without permission if it is filed with the defence. At any other time, court permission is required.
Does the claimant need to file an Acknowledgment of Service in response to a counterclaim?
No, the claimant is not required to file an Acknowledgment of Service in response to a counterclaim.
What must a defence include in response to the claimant’s particulars of claim?
The defence must respond to each and every paragraph by either admitting, denying, or putting the claimant to proof.
In a defence, what does “putting the claimant to proof” mean?
It means the defendant neither admits nor denies an allegation but requires the claimant to provide evidence of the assertion.
What must the counterclaim include when the defendant alleges breach of contract by the claimant?
The counterclaim should include:
* The facts of the contract,
* The breach by the claimant,
* The amount claimed,
* Any interest, and
* A prayer for damages, interest, and costs.**
What is typically included in the prayer of a counterclaim?
The prayer includes a claim for:
* Damages (e.g. £10,000),
* Interest, and
* Costs of defending the claim and pursuing the counterclaim.
What are the final formal elements of a defence and counterclaim document?
A statement of truth, an indication of who settled the document (e.g. counsel), and a service address for legal correspondence.
Which part of the Civil Procedure Rules deals with requesting further information in litigation?
Part 18 of the Civil Procedure Rules.
What does Part 18 of the Civil Procedure Rules allow parties to request?
It allows a party to formally request clarification or further information on matters in dispute in the proceedings.
What is the purpose of a request under Part 18 CPR?
To seek clarification or additional information about any matter in dispute in the proceedings.
What must a party do before applying to the court under Part 18?
They must first formally request the information from the other party.
How long does the other party have to respond to a Part 18 request before court intervention can be sought?
14 days from the date of the request.
What can a party apply for if the other party does not respond to a Part 18 request within 14 days?
The requesting party may ask the court to order the other party to provide the requested clarification or information.
In what situations is a Part 18 request commonly used?
When a party’s statement of case lacks detail, is ambiguous, or a particular fact needs clarification before the case proceeds.
What governs the detailed procedure for making a Part 18 request?
The Practice Direction supplementing Part 18 CPR sets out the formal procedure.
What are the two most important “statements of case” in civil litigation?
The claim form and the particulars of claim, and defence
Can a party amend their statement of case after the limitation period has expired?
Yes, but only if the new claim arises out of the same facts or substantially the same facts as the original claim.
Under what condition will the court allow a new claim to be added after the limitation period has expired?
If the new claim is based on the same or substantially the same facts as those already pleaded in the original claim.
What is the court’s general approach to amendments that introduce a new claim post-limitation?
The court may allow such amendments if they are closely linked to the facts of the original claim.
Can the court allow an amendment that corrects the name of a party?
Yes, but only if the mistake was genuine and there is no reasonable doubt about the identity of the party.
What type of mistake in naming a party may the court permit to be corrected?
A genuine mistake, not one that creates reasonable doubt about the party’s identity.
What principle allows a new claim to be substituted in an amended pleading after limitation?
he principle that the new claim must arise from the same or substantially the same facts as the original claim.
What test does the court apply when deciding whether to allow an amendment post-limitation?
Whether the new claim or correction is based on the same or substantially the same facts and whether the identity of the party is clear
