Statements of Case, Particulars of Claim, Defence and Interim Applications

Vocabulary practice flashcards covering Civil Procedure Rules on statements of case, particulars of claim, defences, counterclaims, Part 18 requests, amendments, interim applications, strike out, summary judgment, interim payments, and interim injunctions.

Statement of Case

Formal litigation documents (including the claim form, particulars of claim, defence, counterclaim, and set-off) served early in proceedings to set out the facts, crystallise allegations, and identify the causes of action and issues to be determined.

Statement of Truth

A formal verification required under CPR 22 at the end of documents like statements of case and witness statements, confirming that the maker believes the facts stated within the document are true.

Contempt of Court (CPR 32.14)

Proceedings brought by the Attorney General against a person who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth, carrying a penalty of committal to prison.

Particulars of Claim Structure

The sequential structure of a particulars of claim: beginning with an opening establishing the parties' relationship and facts, followed by the cause of action and breach, particulars of loss and damage, claim for damages or remedies, claim for interest, and concluding with a statement of truth.

Section 11 Civil Evidence Act 1968

A statutory provision establishing that the fact a person has been convicted of an offence is admissible in civil proceedings to prove the commission of that offence, which must be specifically pleaded in the particulars of claim pursuant to PD 16 paragraph 8.1.

Provisional Damages

Damages pleaded under CPR 16.4(1)(d) and CPR 41.2(1) in personal injury cases where there is a specified, measurable chance that the claimant will in the future develop a serious disease or condition, allowing immediate damages plus the right to apply for further damages if the condition develops.

Statutory Interest (County Court and High Court)

Discretionary interest claimed on unspecified claims under section 69 of the County Courts Act 1984 in the County Court, or section 35A of the Supreme Courts Act 1981 in the High Court, awarded at such rate and for such period as the court deems fit.

Interest in Personal Injury Claims

The distinct interest regime applying $2\%$ on general damages running from the service of the claim form, and special damages running from the date of loss at $3.5\%$ for non-recurring losses and $1.75\%$ for recurring losses, continuing until judgment or sooner payment.

Defence Allegation Responses (CPR 16.5)

The mandatory framework requiring a defendant to state which allegations in the particulars of claim are admitted, which cannot be admitted or denied but require the claimant to prove, and which are denied (with accompanying reasons and an alternative version of events).

Bare Denial

A simple refusal to admit an allegation without providing supporting reasons or an alternative version of events, which breaches CPR 16.5 and exposes the defence to being struck out under CPR 3 or subject to summary judgment under CPR 24.

Contributory Negligence

A statutory defence under Section 1(1) of the Law Reform (Contributory Negligence) Act 1945 where damages are reduced to a just and equitable extent because the claimant's own fault caused or contributed to the breach, accident, or damage sustained.

Counterclaim

A standalone claim brought under CPR 20.4 by a defendant against the claimant in the same proceedings, requiring compliance with the rules of a particulars of claim and entitling the defendant to default judgment if the claimant fails to file a defence to it.

Set-off

A defence enabling a defendant sued for a debt to extinguish or reduce their liability by asserting a monetary cross-claim owed to them by the claimant.

Additional Claim (Part 20)

A claim brought under CPR Part 20 by a defendant against an existing party or a new party seeking contribution or indemnity to pass all or part of the blameworthiness for the claimant's losses.

Procedure for a Part 18 Request

The mandatory sequence for seeking clarification of a statement of case: first serving a concise, voluntary preliminary request, waiting a reasonable time, and applying to court under CPR 23 only if no reply is forthcoming.

Part 18 Request Formal Heading

The prescribed formal document heading for a request under CPR 18, setting out the name of the court, the claim title, the claim number, the identity of the claimant and defendant, and stating that it is a clarification request under Part 18.

Cobbold v London Borough of Greenwich [2001]

The Court of Appeal authority establishing that amendments to statements of case should be allowed to ensure the real dispute between parties is adjudicated upon, provided prejudice to the other party can be compensated in costs.

Strike Out (CPR 3.4)

A court order deleting all or part of a statement of case because it discloses no reasonable grounds for bringing or defending the claim, constitutes an abuse of the court's process, or fails to comply with a rule, practice direction, or court order.

Three-Stage Test for Relief from Sanctions

The strict test under CPR 3.9 requiring the court to: (1) identify and assess the seriousness and significance of the breach; (2) consider why the default occurred; and (3) evaluate all circumstances to deal justly with the application, including efficient conduct of litigation and compliance enforcement.

Unless Order

A two-part court order under CPR 2.9 and CPR 3.8 requiring a specified act to be performed by a fixed date and time, and specifying an automatic sanction (such as striking out) that will immediately take effect if compliance does not occur.

Summary Judgment Test (CPR 24.2)

A two-limb test empowering the court to give judgment without trial if a party has no real prospect of succeeding or successfully defending a claim or issue, and there is no other compelling reason why the matter should be disposed of at a trial.

Conditional Order (PD 24)

An order granted when an application for summary judgment falls short of dismissal but the claim or defence is improbable, requiring a party to pay money into court or take a specified procedural step to be permitted to proceed to trial.

Interim Payment (CPR 25.7)

An order requiring a defendant to pay an advance sum on account of damages before trial, granted if liability is admitted, judgment is obtained with damages to be assessed, or the court is satisfied the claimant would obtain substantial judgment at trial.

American Cyanamid Principles

The discretionary guidelines from American Cyanamid Co (No 1) v Ethicon Ltd [1975] for granting interim injunctions: considering whether there is a serious question to be tried, whether damages are an adequate remedy, and where the balance of convenience lies.

Clear Days Rule (CPR 2.8)

The procedural computation rule providing that periods stipulated for acts exclude the day the period begins and the event day, with Saturdays and Sundays excluded from calculations when periods are five days or fewer.

Default Judgment (CPR Part 12)

An order entered in favour of the claimant without a hearing when the defendant fails to file an acknowledgment of service within $14\text{ days}$ or a defence within the time prescribed by Part 15.