Statements of Case I Flashcards
(37 cards)
What is a statement of case?
Claimant sets out factual basis of its claim and relief sought. Defendant gives own position in relation ot alleged facts and entitlement.
What is a formal amendment?
If statement of case does not comply with necessary content requirements. This will often require the input of the court, giving permission, and will have a knock on impact on other statements of case, which will also require amendment by the other parties. May be costs consequences and tactical disadvantages.
Heading of statement of case
How statement of case should be presented
• Numbered paragraphs; • Pages numbered consecutively; • All numbers and dates in figures • Reference in the margin to every document mentioned that has already been filed at court; • The name of the person who drafted the document • A statement of truth
Statement of truth
Formal way of person signing confirming that they believe that the document is true. If document turns out to be false and the person signing did not have an honest belief that the statement was true, may be in contempt of court.
How company signs statement of truth
The defendant believes that the facts stated in this defence are true. I am duly authorised by the defendant to sign this statement
What is the claim form in relation to statement of case
The first statement of case. Usually on form N1.
What should the claim form include?
Names of parties and addresses. Referred to in correct way. The parties’ addresses are the addresses for service, but the claimant must also indicate an address where it resides or carries on business, if different
Claim details in claim form
Brief details of claim. • A concise statement of the nature of the claim. • The remedy sought by the claimant. It is not necessary to expressly include a claim for costs (CPR 16.2).
Value of claim form
a) Specified - state b) Unspecified - state range If PI, must say if expects to recover more than £1000 If issuing in High Court, must reference More likely to be unspecified if complex, not just e.g. invoice
High Court jurisdictional endorsement
Claim form must: • state that the claimant expects to recover more than £100,000 or £50,000 depending • state that some other enactment provides that the claim may be commenced only in the High Court and specify that enactment; • state that the claim is to be in one of the specialist High Court lists and state which list.
Particulars of case, in relation to statement of case
This is the main statement of case which will be referred to by the court Must include: - Concise statement of facts - Cover all essential elements of claimant’s cause Material and background facts. Should show duty, breach, cause and loss It is not the purpose of particulars of claim to set out law, evidence or arguments.
Specific things concerning particulars of claim
- Set out any claims for aggravated damages, exemplary damages, and/or provisional damages - In PI claims, particulars should include claimant’s DOB, details of injuries, schedule of past/ future expenses, report of any expert medical practitioner - Claim in relation to possession, occupation, use or enjoyment of land, injunction or declaration in relation to land - identify land - Attach written agreement or words of oral agreement or conduct facts
Particualrs of claim: Interest
Right to claim interest in principal amount. Legal basis either in: - Contract - Statute (s 35A Senior Courts Act 1981 in the High Court and s 69 County Courts Act 1984 in the County Court)
How to calculate interest
Per day then times for period Or for unspecified claim, then plead interest generally For hybrid claims, then you can treat separately or come to unspecified total
Statutory interest claims rules
Court has discrection as to whether to award interest, and how much, from date cause of action accrued until judgment or payment, if before In personal injury claims where damages over £200 are awarded, some interest must be awarded unless there are special reasons for not doing so, but the amount is still in the court’s discretion. In debt claims, if the defendant pays the whole debt during the proceedings, some interest must be awarded, but the amount is still in the court’s discretion.
Particulars of claim structure
Duty, breach, causation, loss Particulars of claim close with summary of remides = prayer
Purpose of defence
• React to every point or allegation in the claimant’s particulars of claim; and • State full details of the defendant’s own case. Each allegation in the particulars of claim must be dealt with individually.
What must a defence include?
- Address for service - Indicate where defendant resides or carries on business - Address each allegation…
What else could a defence include?
Limitation - if limitation period is deemed to have expired Disputing statement of value, and say why and their own estimate In PI claims, whether it agrees, disputes, or has no knowledge of expenses and losses and medical report, and giving counter-schedule and medical evidence Set off: If claims owns money by claimant Human rights argument Counterclaim should follow on if making one
What could a defendant do about each allegation?
- Admit 2. Deny 3. Require proof
Admitting allegations
Should admit anything not disputed or non-controversial in order to narrow issues and save costs and time, as there can be costs consequences of not admitting something when you should have done so
Denying allegations
Dispute facts which defendant would have known if they had occurred. Must gives reasons, and also give different version of events if they wish. It is not acceptable to make a ‘bare denial’. Will mean claimant has to prove the allegation.
Requiring proof for allegation
Defendant can require proof if defendant is unable to either admit or deny allegation, because the fact that is alleged is something about which the defendant doesn’t know.
