Topic 7- Statements of Case

Question 1

What is the statement of value in a claim form?

Answer 1

Specifies the amount of money claimed
It must state that the claimant expects to recover-

• Not more than £10,000
• More than £10,000 but not more than £25,000
• More than £25,000 but not more than £100,000
• More than £100,000

If it is for personal injury, it must also state that the PSLA damages are-

• Not more than £1,500
• More than £1,500

If it is for personal injuries after an RTA, it must state that the PSLA damages are-

• not more than £5000
• More than £5000

Question 2

What must a claim form contain?

Answer 2

A concise statement of the nature of the claim

Specific the remedy which the claimant seeks

A statement of value where the claim is for money

A statement of the interest claimed

Question 3

What should the value in the statements of case be for a High Court claim?

Answer 3

£100,000
or
£50,000 for personal injuries

Question 4

Is interest and costs of the claim included in the statement of value?

Answer 4

No, interest and costs is never included in the statement of value

Question 5

What are the contents of the particulars of claim?

Answer 5

A concise statement of facts

Statement of interest

Statement of aggravated damages or exemplary damages

If the claimant is seeking provisional damages

Question 6

What are the contents of the defence?

Answer 6

Must deal with each allegation in the particulars of claim, and which they admit or deny

Must also give their reasons for denial

Question 7

What is a defence of set-off?

Answer 7

Where a defendant contends that he is entitled to money from the claimant, and relies on this as a defence to the whole of the claim, then the defendant may use this as a defence to “set off” against the claim

Question 8

What must the defendant state in his defence to a personal injury claim?

Answer 8

Whether they agree/dispute/neither agree or dispute

Question 9

When must an acknowledgement of service be filed?

Answer 9

The defence must file an acknowledgement of service when the have been served a claim form

Must be filed 14 days after service of the claim form, if particulars of claim are included

28 days after service of claim form if particulars of claim served later on

Question 10

What happens if a defendant failed to file an acknowledgment of service?

Answer 10

The claimant may obtain a default judgment

Question 11

Within how many days after service of the claim form must the defendant file an acknowledgement of service?

Answer 11

Within 14 days

Question 12

What must the defendant do after serving the acknowledgement of claim?

Answer 12

They must file a defence to defend all or part of their claim

This must be filed within 14 days after claim form, or 28 days after if they have already filed the acknowledgement of service

Question 13

How many days after filing an acknowledgment of service should the defendant file their defence?

Answer 13

28 days after service of the claim form

Question 14

Can the defendant extend the time period for filing a defence?

Answer 14

Yes, if the defendant and claimant both agree, they can extend the period up to 28 days

Both parties must agree, and notify the court in writing

Question 14

Who does the defence need to be served on?

Answer 14

It must be served on every party

Question 14

How should a defendant serve a defence and a counterclaim?

Answer 14

They should serve it together in one document, with the counterclaim following the defence

Question 14

How does a claimant reply to a defence?

Answer 14

They must file the reply with a directions questionnaire, and serve the reply on the defendant

Question 14

What happens where the claim is for a specific amount of money, but the defendant states he has already paid that money to the claimant?

Answer 14

The court will send notice to the claimant requiring them to state whether they want the proceedings to continue

Must reply within 28 days, otherwise the claim is stayed

Question 14

What happens if nothing has happened 6 months after the limit for filing of defence, but the claimant has not applied for judgment?

Answer 14

The court will stay the claim

Question 14

What stage of a claim can a party amend their statement of case without the court’s permission?

Answer 14

At any time before it has been served on any other party

Question 14

How does a party amend their statement of case once it has been served?

Answer 14

With the written consent of all the parties OR
With the permission of the court

Question 15

If a party has filed a Part 38 notice to discontinue their claim, can they amend their statement of case?

Answer 15

Yes, they may without the court’s permission to give effect to the discontinuance

Question 16

Can the court disallow an amendment of statement of case, even if permission was not required?

Answer 16

Yes, they will have the power to disallow the amendment

Question 17

What considerations must the court have in allowing an amendment of statement of case?

Answer 17

The court have discretionary power, but must have regard to dealing with the case justly and at proportionate cost

The proposed amendment must also show a real prospect of success

Question 18

Will an amendment of case be granted on the day of a trial?

Answer 18

Potentially Lateness of application is an important BUT NOT CONCLUSIVE FACTOR Court must have consideration as to why the amendment was late

Question 19

Can an amendment be made after judgment has been given?

Answer 19

Yes, but only in extremely exceptional circumstances

Question 20

Who pays for the costs arising from the amendment of statement of case?

Answer 20

The party applying for the amendment will be responsible

Question 21

How does a party make an application for amendment of statement of case?

Answer 21

They must file an application with the court, with the application notice and a copy of the statement of case with the proposed amendments

Question 22

Does a party need to give both the amended and original statements of case?

Answer 22

No, only if the court feels it is desirable to do so

Question 23

What is included in the statement of case?

Answer 23

A claim form, particulars of claim, defence, or reply to defence

Question 24

When will the court order a party for further information?

Answer 24

When there is a matter in dispute in the proceedings

Question 25

What must a party do when a court orders for further information?

Answer 25

They must file their response and serve it on the other parties within the time specified

Question 26

What must the court take into account when considering whether to make a "further information" order?

Answer 26

The likely benefit if the information is given The likely cost of giving it Whether the financial resources of the party will mean they can comply with it The overriding objective

Question 27

What are the restrictions on use of further information?

Answer 27

The court states that the further information provided by a party must not be used for any purpose except for that in the proceedings

Question 28

What is the procedure for obtaining further information?

Answer 28

The party seeking information must serve a written request on the other party The request must then be sent back, either agreeing or objecting If the party objects, then a Part 18 order can be made to obtain further information

Question 29

If the amendment to a statement of case is made on the day of trial, but the defendant are prepared for it and will make no difference to the trial, will it be allowed?

Answer 29

Yes, the court will likely allow the amendment, as long as the other side are not prejudiced

Question 30

Does a party require court's consent to add, substitute or remove a party from the statement of case if they have already served the claim form?

Answer 30

Yes, they will always need permission

Question 31

If an amended statement of case clearly has no real prospect of success, will it be allowed?

Answer 31

No

Question 32

Can a court hear the explanation for amendment on the day of trial?

Answer 32

Yes The judge must at least hear the reasons for the explanation, and only then will they accept or refuse the application

Question 33

If the Claimant sends the claim form to the defendant on Monday 5th, when will the defendant need to file their acknowledgment of service?

Answer 33

21st Deemed service of delivery will be 7th, (two business days after), + 14 days

Question 34

What must the request for further information be confined to?

Answer 34

May be made in a separate document, and must be concise and strictly confined to the matters reasonably necessary and proportionate to help the party prepare their case

Question 35

When calculating how much the claimant expects to recover on the claim form, what must they disregard?

Answer 35

Any costs or interest Any findings of contributory negligence/counterclaim

Question 36

When requesting for further information under Part 18, what must the party first do?

Answer 36

Make a written request, and specify a date for response

Question 37

Where a party has made no response to a request for further information, does the requesting party need to serve notice?

Answer 37

No, the requesting party does not need to serve notice, and the court can deal with the application without a hearing

Question 38

What must a defendant include in his defence to a personal injury claim?

Answer 38

Whether they agree, dispute or neither agree or dispute Attach its own medical report Attach a counter-schedule

Question 39

When the particulars of claim have been served, how can they be amended

Answer 39

With the written consent of the other parties OR Permission from the court

Question 40

When putting the name of a business on a claim form, should it be the people or the business name?

Answer 40

It needs to be the business name that they were operating at the time of cause of accrual

Question 41

When is Part 8 procedure used?

Answer 41

Part 8 procedure is where a claimant seeks the court's decision on a question which is unlikely to involve a substantial dispute of fact

Question 42

Who may use Part 8 procedure?

Answer 42

Only the claimant

Question 43

When a claimant uses Part 8 procedure, what must the claim form state?

Answer 43

The question and remedy sought by the claimant

Question 44

The power of the High Court to award interest is found in which section of which act?

Answer 44

S34 Senior Courts Act 1981

Question 45

The power of the County Court to award interest is found in which section of which act?

Answer 45

S69 County Courts Act 1984

Question 46

If a claimant wishes to respond to a defence, but the reply only deals with part of the claim, what will this mean about the other part?

Answer 46

The claimant will still be required to prove the remainder of the defence

Question 47

What is the main requirement in requesting for further information?

Answer 47

The request needs to have a specified date of response

Question 48

If a claimant is seeking interest, what must they include in the particulars of claim?

Answer 48

UNDER S69 COUNTY COURTS ACT 1984 Percentage rate at which interest is claimed Date from which it is claimed Date to which it is calculated Total interest claimed Daily rate at which interest accrues

Question 49

If a late application to amend the statements of case by the claimant has been made, does the defendant have an opportunity to make representations?

Answer 49

Yes, the defendant will have an opportunity to make representations

Question 50

Who may serve a request for further information?

Answer 50

Any party or the court