SQE1 Dispute Resolution: Statements of Case and CPR Part 20

What are statements of case?

Formal documents in which parties set out their respective cases, including claim forms, particulars of claim, defences, counterclaims, and replies.

What is the purpose of a claim form?

To initiate the legal process by outlining the claim being made.

What must every statement of case include according to PD 7A, para 4.1?

The title of the proceedings, claim number, name of the court, full names of parties, and their status.

What is the role of particulars of claim?

To outline all facts giving rise to the dispute and show a complete cause of action.

What is required in the structure of a statement of case?

It must be divided into numbered paragraphs, and all numbers should be expressed as figures.

What should a solicitor do if a client informs them of a material error in a statement of case?

Advise the client to amend the statement; if the client refuses, the solicitor should cease to act.

What is the significance of a statement of truth in a statement of case?

It confirms that the contents of the document are true to the best of the party's knowledge.

What is a defence in the context of statements of case?

A document filed by the defendant responding to the claim made against them.

What is a counterclaim?

A claim made by the defendant against the claimant in response to the original claim.

What is the purpose of a reply to a defence?

To address and respond to the arguments presented in the defence.

What are additional claims?

Claims brought by a defendant against a third party or another existing party during the proceedings.

What is the procedure for amending a statement of case?

A party may apply to amend their statement of case to correct errors or add new information.

What does PD 16 allow regarding documents in a statement of case?

It allows parties to attach copies of documents necessary for their case.

What is the importance of clarity in drafting statements of case?

Clear and plain English should be used to ensure understanding and compliance with legal standards.

What should a party do if they require further information about another party's case?

They may file a request for further information.

What is the role of the SRA Code in drafting statements of case?

It outlines the ethical obligations of solicitors to avoid misleading the court.

What does the term 'professional conduct' refer to in legal practice?

The ethical standards and responsibilities that solicitors must adhere to in their practice.

What is the consequence of including unarguable assertions in a statement of case?

It may mislead the court and violate professional conduct rules.

What is the main function of the defence document?

To present the defendant's arguments and reasons for contesting the claim.

What is the significance of the claim number in a statement of case?

It serves as a unique reference number allocated by the court for tracking the case.

What happens if a statement of case is not drafted carefully?

The court may only decide issues raised in the statements, potentially affecting the outcome of the case.

What is the purpose of a request for further information?

To clarify or obtain additional details about another party's case that may be necessary for the proceedings.

What is the importance of understanding the structure of a defence?

It helps the claimant assess the strength of the defendant's case and prepare an appropriate response.

What is the role of precedents in drafting statements of case?

They provide a useful starting point but must be tailored to the specific matter at hand.

What should be avoided when drafting a statement of case?

Including allegations without evidential basis or misleading information.

Why is it important for statements of case to be reviewed continually?

To ensure they remain accurate and relevant as the case develops.

What must a claimant include in the particulars of claim?

A concise statement of the facts and, if seeking interest, a statement and details regarding it.

What is required for personal injury claims under the Fatal Accidents Act 1976?

The particulars of claim must cite the Act.

What must be established when alleging breach of contract in particulars of claim?

The essential material facts that establish the cause of action.

What details about the parties must be included in breach of contract claims?

The status of the parties at the material times, including whether they were acting in the course of a business.

What must be identified to establish the existence of a contract?

The date, type (written or oral), parties, subject matter, and consideration.

What should be attached to the particulars of claim if based on a written contract?

A copy of the contractual documents.

What should be included in the particulars of claim for oral agreements?

The contractual words used, who spoke them, to whom, when, and where.

What should the particulars of claim detail regarding express terms?

Details of any express terms should be included, usually found in the contract itself.

What is the purpose of the section on purported performance in the particulars of claim?

To describe how the defendant purported to perform the contract and any payment made.

What does the breach alleged and particularised section contain?

Details of which terms were breached and specifically how.

What should be itemised under the heading Particulars of Breach?

Specific allegations of what the defendant did wrong.

What are factual consequences of a breach in the particulars of claim?

An explanation of what happened factually as a result of the defendant's breach.

How should loss and damage be alleged in the particulars of claim?

Generally, followed by itemising specific losses and how they were calculated.

What must be claimed within the particulars of claim if seeking interest?

The particulars must specify that interest is sought.

What are the three alternative methods of claiming interest in breach of contract cases?

1. Contract specifies a rate; 2. Late Payment of Commercial Debts (Interest) Act 1998; 3. Discretionary interest under relevant statutes.

What is the statutory right to interest under the Late Payment of Commercial Debts (Interest) Act 1998?

8% per annum over the Bank of England's base rate for late commercial debts.

What is the prescribed amount of statutory compensation for recovering a debt?

Between £40 and £100, depending on the size of the debt.

What is the current rate of interest payable under s 35A of the Senior Courts Act 1981?

8% per annum in non-commercial cases.

What is the general rate of interest in commercial cases under s 69 of the County Courts Act 1984?

1% or 2% per annum over the Bank of England's base rate.

What is the significance of detailing the binding agent's storage conditions in particulars of claim?

It can establish how the breach occurred and the resulting damages.

What should be included in the particulars of claim regarding the quality of goods supplied?

Details on whether the goods were of satisfactory quality and the implications of their quality.

What is the role of pre-contractual matters in establishing a claim?

They assist in establishing the claim, such as requests for samples or relevant pre-contract statements.

What happens if the particulars of claim do not specify interest?

The court may not award interest if it is not claimed within the particulars.

What is the purpose of outlining the events that followed the breach in the particulars of claim?

To provide a narrative that sets out the legal elements underpinning the case.

What does the term 'implied terms' refer to in a contract?

Terms that are not explicitly stated but are assumed to be part of the agreement.

What is the importance of stating the specific terms breached in the particulars of claim?

It clarifies the basis of the claim and the specific allegations against the defendant.

How is the daily rate of interest calculated according to common practice?

Multiply the sum owed by the percentage rate of interest per annum, divide by 365 days, and round to two decimal places.

What is the rounded daily rate of interest for £13,000 at 20%?

£7.12

What must be included in the particulars of claim regarding the claimant's address?

The claimant's address for service.

What is a statement of truth in legal documents?

A signed confirmation that the contents of the document are believed to be true.

What is the purpose of the particulars of claim?

To outline the claims and the basis for the legal action.

What must be included in particulars of claim for a personal injury claim?

Claimant's date of birth, details of injuries, a schedule of expenses, and a medical report.

What does the court have discretion to award in negligence claims?

Interest on damages.

What was the implied term regarding the quality of the Unit sold by the Defendant?

It should be of satisfactory quality and reasonably fit for its particular purpose.

What must be attached to the particulars of claim in a contractual dispute?

A copy of the contract.

What must be included in the particulars of claim if served separately from the claim form?

The claimant's address for service.

What does s 35A of the Senior Courts Act 1981 pertain to?

Interest on damages awarded in High Court claims.

What is the estimated cost of consequential losses due to production losses in the boiler case?

£25,000

What is the cost of installation of the new boiler claimed by the Claimant?

£4,700

What is the cost of pumping out the boiler house and repairing the damaged premises?

£17,625

What are the two main types of claims discussed?

Breach of contract and tort claims.

What acts govern the entitlement to interest in contract and tort claims?

Senior Courts Act or County Courts Act; Late Payment of Commercial Debts (Interest) Act.

What is the purpose of the defence in legal proceedings?

To set out the defendant's response to the claim and narrow the issues for trial.

What must the defence state for each allegation?

Whether it is denied, not admitted, or admitted.

What should a defendant provide if they deny an allegation?

Reasons for denial and their own version of events.

What is a non-admission in the context of a defence?

When the defendant has no knowledge of the particular matter alleged and requires the claimant to prove it.

In the example of Hamza and Marnie, what did Hamza admit?

That he had a duty of care to other road users and the details of the car accident.

What did Hamza deny in his defence?

That he was at fault for the accident.

What is the effect of admitting an allegation in a defence?

The claimant does not need to prove the allegation.

What must be included in a defence if the limitation period for a claim has expired?

Details of when the limitation period began and expired.

What is the burden of proof in personal injury claims regarding medical reports?

The defence must state whether they agree, dispute, or have no knowledge of the matters in the medical report.

What is the best practice when drafting a defence?

To systematically address every allegation in the particulars of claim.

What happens if an allegation is not addressed in the defence?

It is deemed to be accepted.

What should the defence mirror in its structure?

The sequence of events in the particulars of claim.

What is the significance of the defendant's knowledge in the defence?

If the defendant has no knowledge, they should make a non-admission.

What is the purpose of including a statement of truth in the defence?

To affirm that the facts stated in the defence are true.

What is the role of the claimant if the defendant alleges contributory negligence?

The claimant must prove that they did not contribute to their own loss.

What is the implication of a defendant failing to mitigate loss?

The burden of proof may shift to the claimant to show that the loss was not mitigated.

What should the defence address if multiple allegations are made in one paragraph?

Each allegation should be dealt with on a point-by-point basis.

What does the term 'admit' signify in the context of a defence?

The defendant acknowledges the truth of the allegation.

What is the consequence of a denial in terms of burden of proof?

The claimant must prove the allegation if it is denied.

What is the importance of addressing the value of the claim in the defence?

It must be directly addressed if disputed.

What does the defence need to include regarding the claimant's losses?

It must state whether the defendant admits or disputes the claimant's alleged losses.

What is the role of the defendant's knowledge in relation to the claimant's claims?

The defendant must clarify their knowledge regarding the claimant's allegations.

What is the importance of the defence in the context of court proceedings?

It helps to clarify the issues and streamline the trial process.

What is indicated by the phrase 'the claimant failed to mitigate that loss'?

The claimant did not take reasonable steps to reduce their losses.

What is the significance of the defendant's admission regarding the delivery of the Unit?

It confirms that the delivery was in accordance with the contract terms.

What may happen if a false statement is made in a document verified by a statement of truth?

Proceedings for contempt of court may be brought against the individual.

Who is authorized to sign the statement in the provided document?

Darren Bennett, Managing Director of the Defendant company.

What rule governs counterclaims in legal proceedings?

Counterclaims are governed by rules set out in CPR Part 20.

In the example provided, why did Edwin refuse to pay Kendal Plumbers Limited?

Edwin refused to pay because the bathroom suites were defective.

What must be included in a defence and counterclaim document?

It must include a statement of truth and be sub-divided into two sections: the defence and the counterclaim.

What is the procedure for bringing a counterclaim?

A counterclaim should be filed with the defence; permission from the court is not required unless the defence has already been filed.

What is an additional claim in legal proceedings?

An additional claim is where the defendant wishes to pass the blame to a third party, either in whole or in part.