Topic 6 - Statements of Case Flashcards
(39 cards)
What are statements of case?
Documents by which a claimant sets out the factual basis of its claim and the relief sought, and the defendant gives its position.
Why are statements of case important?
They need to be concise, clear, and correct, complying with all necessary content requirements and format.
What may happen if a statement of case does not comply with rules?
It might require formal amendment, impacting other statements of case and causing wasted time and costs.
What must every statement of case include regarding its heading?
Title of the proceedings, court/division, claim number, full name of each party, and party’s status.
What are the key elements required in all statements of case?
- Numbered paragraphs
- Pages numbered consecutively
- All numbers and dates in figures
- Reference in the margin to every document mentioned
- Name of the person who drafted the document
- A statement of truth
What is a statement of truth?
A formal confirmation by the signer that they believe the document is true.
What are the consequences of signing a false statement of truth?
Proceedings for contempt of court may be brought, leading to sanctions such as fines or imprisonment.
What is the purpose of a claim form?
To commence proceedings and set out key elements of the claim, particularly the identity of the parties.
What is the standard format for a claim form?
Usually on Form N1, which dictates the structure and content.
What must a claim form contain regarding the parties?
Names of the parties and their addresses, including any representative capacity if applicable.
What details must a claimant include about the nature of their claim in the claim form?
A concise statement of the nature of the claim and the remedy sought.
What statement must be included if the claimant is making a claim for money?
A statement of the amount claimed.
What are the three ways to state the value of a claim in the claim form?
- Specify the exact amount
- State an expected recovery range
- State ‘I cannot say how much I expect to recover’
What must be included in the particulars of claim?
A concise statement of the facts on which the claimant relies, covering essential elements of the claim.
What is the primary purpose of the particulars of claim?
To set out the claimant’s case in full detail, identifying the basis of the claim.
What must particulars of claim articulate regarding the defendant’s duty?
Material facts showing a duty owed by the defendant to the claimant, breach of that duty, and causation of loss.
What is not the purpose of particulars of claim?
To set out law, evidence, or arguments.
What specific details must be included in personal injury claims?
- Claimant’s date of birth
- Details of injuries
- Schedule of past and future expenses losses
- Expert medical report
What must be included if the claim is based on a written agreement?
The written agreement must be attached with any general conditions.
What is the legal basis for claiming interest on the principal amount?
- Set out in a contract
- Statutory right to interest
How should a claimant indicate their intention to claim interest in the particulars of claim?
By including a statement to that effect and the relevant details.
What must the claimant include if seeking interest in their claim?
A statement to that effect and the details must be set out in the particulars of claim.
What are the two legal bases for claiming interest?
- Set out in a contract between the parties
- Statutory right to interest under section 35A Senior Courts Act 1981 or section 69 County Courts Act 1984
What are the two methods of pleading interest in the particulars of claim?
- Calculating the exact amount of interest claimed
- Claiming the interest generally
