Statements of Case

Requirements and formalities

• PD 7A, para 4.1, every statement of case must have a title of proceedings

  • Requirements: claim number (URN), name of the court, full name and status of each party, signature in the name of the solicitors’ firm and a statement of truth

  • Must be divided into numbered paragraphs, numbers should be figures rather than words

• PD 15, para 12.2, copies to any document necessary to the case can be attached, but only if it is of obvious critical importance

• Drafting should be formal, but use clear and plain English

Professional conduct requirements

• 1.4 of SRA Code and 2.4, must not (actually or attempt to) mislead the court or allow others to do so, only assertions and representations that are actually arguable should be used

• If there are errors that are revealed later, the solicitor should advise the client to amend the statement of case, should cease to act if the client refuses

Particulars of claim (general)

• Meant to outline all the facts giving rise to the case

• r16.4(1) and PD 16, para 3

  • Concise statement of the facts

  • If the claimant is seeking interest, a statement to that effect and subsequent details

Particulars of claim (breach of contract)

• The status of the parties at the material times (course of business, personal capacity…)

• Existence of a contract (PD 16, para 7.3(1), should attach a copy of the contract)

• Terms (both express and implied)

• Purported performance (how the defendant said they would perform the contract)

• Breach alleged and particularised (say how the breach was done, can be simple or complex)

• Factual consequences of the breach

• Loss and damage alleged and particularised

• Interest (the remedy sought by the claimant, 16.4(2) states that if interest is sought, it must be claimed within the particulars of claim)

• Summary of relief claimed

• Signature of the firm

• Claimant’s address for service

• Statement of truth

Claiming interest in particulars of claim for contract cases

• Contract itself may have a provision

• Can be claimed under the Late Payment of Commercial Debts (Interest) Act 1998 if it is to do with outstanding commercial debt

• Court discretion otherwise under s35A of the SCA 1981 for High Court cases or s69 of the CCA 1984 for County Court

Particulars of claim (negligence)

• Includes duty of care, breach of the duty, causation and loss

• PD 16, paras 4.1 to 4.3, particulars of claim must include

  • Claimant DOB

  • Details of personal injuries

  • Separate schedule showing past and future expenses and losses

  • A report from a medical practitioner about the claimant’s personal injuries

  • Court discretion under s35A of the SCA 1981 for High Court cases or s69 of the CCA 1984 for County Court, usually exercised from the date the loss was sustained

Purpose of the defence

• Rule 16.5, defence must say whether the allegation is denied, not admitted or admitted

• Denial must have reasons and their own version of events, non-admission means more information is needed since they do not recall the matter and admission allows for a remedy to be claimed

Contents of the defence

• Must comply with the formalities of the statement of case, must address everything otherwise it will be deemed admitted (r 16.5(5))

• Defence should mirror the sequence of events in the particulars of claim

• PD 16, para 11.3, if the defence wants to say that the limitation period has expired, details must be given

• Areas where the burden of proof falls on the defendant: contesting a relevant criminal conviction, a failure by the claimant to mitigate loss and contributory negligence

• PD 16, para 11.1 and 11.2, defence must statement whether the defendant agrees, disputes or has no knowledge on the matters in the medical report or the past/future expenses and losses

Counterclaims

R20.4, defendant alleged they have their own cause of action against the claimant

Structure of a defence and counterclaim

• Rule 15.7, should be one document unless there is a good reason otherwise, one section each should be dedicated first to the defence and then to the counterclaim

• Best way to draft a counterclaim is to treat it like a separate claim, refer back to past documents when necessary

Procedure for bringing a counterclaim

• Particulars of counterclaim should be filed with the defence, don’t need permission from the court to bring the counterclaim

• If the defence has already been filed, they will need court permission

Additional claims

Refers to when a defendant wants to pass part/all of the blame to a third party

Indemnity (additional claims)

• Arises where there is a contractual relationship between the defendant and third party, provision for indemnity and the cause of action has arisen

• Indemnity can arise from statute or by implication of law

Contribution (additional claim)

Happens when there are joint wrongdoers and the third party is responsible for part of the accident

Procedure for bringing an additional claim

• R20.6, the court’s permission is not needed if the third party is already a defendant, otherwise court permission is needed

• R20.7, defendant must issue a Part 20 claim form and serve it on the third party along with the particulars of claim and statements of case

Reply to defence

• Claimant can reply to the defence if they wish, but not replying does not mean that they admit the matters raised in the defence (r16.7(1))

Defence to counterclaim

If the claimant wishes to dispute the counterclaim, they must file a defence to the counterclaim within the usual 14 day period

Requests for further information

18.1, if there is a successful request for information, a party will be ordered to clarify any matter that is in dispute or give additional information in relation to any such matter

Procedure to request further information

• Must serve a written request on the other party, allow for reasonable time for response

• Request should be concise and strictly refer to matters that they are asking about

Responding to requests for further information

• Other party must give a response in writing, dated and signed by the party or their solicitor

• Must have a statement of truth, filed with the court and served on all parties

• If it is not responded to/cannot be complied with, application can be made to the court, can grant an order if the request is reasonable and necessary

Amendments to statements of case before service of proceedings