Civil Procedure Rules: Claim Forms, Particulars of Claim, and Defences

Claim Forms and Particulars of Claim Under CPR 16

Scope of Application: The provisions of Civil Procedure Rule (CPR) 16 regarding statements of case do not apply to Part 8 Procedures.
Required Contents of the Claim Form (Rule 16.2):
- The claim form must include a concise statement summarizing the nature of the claim.
- It must specify the exact remedy the claimant (C) seeks from the court.
- Where the claimant is making a claim for money, the form must contain a statement of value.
- If the only claim is for a specified sum, it must contain a statement of any interest accrued.
- The claim form must include any other matters required by specific practice directions.
Proceedings Against the Crown:
- In cases involving the Crown or officers of the Crown, the claim form must specify the names of the relevant government departments and officers.
- It must provide brief details regarding the circumstances under which the alleged liability of the Crown arose.
Representative Capacity:
- If the claimant is claiming in a representative capacity, the specific capacity must be stated on the claim form.
- If the defendant (D) is being sued in a representative capacity, that capacity must also be explicitly stated.
Judicial Discretion on Remedies: The court maintains the authority to grant any remedy to which the claimant is entitled, even if that specific remedy was not requested in the claim form.

Statement of Value Requirements

General Financial Statements (Rule 16.3):
- The claimant must state the specific amount of money claimed.
- The claimant must categorize the expected recovery into one of the following brackets:
  - i. Not more than $\text{£}10,000$ .
  - ii. More than $\text{£}10,000$ but not more than $\text{£}25,000$ .
  - iii. More than $\text{£}25,000$ but not more than $\text{£}100,000$ .
  - iv. More than $\text{£}100,000$ .
- Alternatively, the claimant may state that they cannot determine how much is likely to be recovered.
Personal Injury (PI) Claims:
- For PI claims, the claimant must state whether the expected general damages for pain, suffering, and loss of amenity (PSLA) are:
  - a) Not more than $\text{£}1,500$ .
  - b) More than $\text{£}1,500$ .
Road Traffic Accident (RTA) PI Claims (On or after 31st May 2021):
- The claimant must specify if the expected general damages for PSLA are:
  - i. Not more than $\text{£}5,000$ .
  - ii. More than $\text{£}5,000$ .
RTA Claims Under Rule 26.10:
- The claimant must state if the expected general damages for PSLA are:
  - i. Not more than $\text{£}1,000$ .
  - ii. More than $\text{£}1,000$ .
High Court Jurisdictional Requirements:
- If a claim form is issued in the High Court, it must fulfill one of the following:
  - State the claimant expects to recover more than $\text{£}100,000$ .
  - State that a specific enactment permits or requires the claim to be brought in the High Court, identifying that enactment.
  - In personal injury cases, state that the expected recovery is $\text{£}50,000$ or more.
  - State that the claim is to proceed in a specific High Court specialist list.
Calculating Expected Recovery (Disregarded Items):
- When determining the value of the claim for the statement of value, the claimant must disregard the possibility of the court awarding:
  - Interest.
  - Costs.
  - A finding of contributory negligence.
- They must also disregard:
  - Possible counterclaims or set-offs by the defendant.
  - Any amounts the defendant might be liable to pay directly to the Secretary of State from the award.
Effect of Statement of Value: The value stated in the claim form does not restrict the court's power to award a higher amount if the claimant is found to be entitled to it.

Contents of Particulars of Claim (Rule 16.4)

Mandatory Elements:
- A concise statement of the facts upon which the claimant relies.
- A statement and specific details if the claimant is seeking interest.
- A statement and grounds if seeking aggravated or exemplary damages.
- A statement and grounds if seeking provisional damages.
- Any other matters designated by practice directions.
Claiming Interest (Rule 16.4(2)):
- The claimant must specify the basis for the interest: under a contract, under a specific enactment, or another defined basis.
- For specified sums of money, the following details are required:
  - The percentage rate of interest (x\text{%}).
  - The start date for the interest claim.
  - The end date of the calculation (no later than the claim form issue date).
  - The total interest amount calculated to that date.
  - The daily rate at which interest continues to accrue после that date.

Practice Direction 16: Addresses and Naming Conventions

Address Requirements:
- The claim form must include the full address (including postcode) where the claimant lives or conducts business.
- This applies even if the solicitor's business address is used for service.
- Regarding the defendant (if an individual), the claimant should include the defendant's residential or business address and postcode if they are able to do so, regardless of whether the defendant's solicitors have agreed to accept service.
Missing Address Consequences: If a full address and postcode are not provided for all parties, the court will issue the claim form but retain it. Service will not occur until the claimant provides the address or the court dispenses with the requirement. The court will notify the claimant in these instances.
Title of Proceedings and Naming:
- Individuals: Must use the full name and the title by which they are known.
- Individual Business Owners (Trading Names): Must include the full name of the individual, their title, and the full trading name.
- Partnerships (Excluding LLPs):
  - If sued in the partnership name: The full partnership name followed by the words "(a Firm)".
  - If partners are sued as individuals: The full name and title of each individual partner.
- Companies and Limited Liability Partnerships (LLP) in England/Wales: The full registered name including the registered suffix (e.g., plc, Limited, LLP).
- Other Corporations/Companies: The full name by which it is known, including the appropriate suffix.

Specific Rules for Personal Injury and Evidence-Based Claims

Detailed Personal Injury Requirements (16PD.4):
- Particulars of Claim (POC) must include the claimant's date of birth and brief details of the injuries sustained.
- A schedule of past and future expenses and losses must be attached.
- If relying on medical evidence, a report from a medical practitioner regarding the injuries must be attached.
Reliance on Civil Evidence Act 1968 (16PD.8):
- If relying on Section 11 (conviction of an offence) or Section 12 (findings of adultery or paternity), the POC must state this and include:
  - The type and date of the conviction/finding/adjudication.
  - The specific court or Court-Martial involved.
  - The specific issue in the current claim to which the evidence relates.
Matters Needing Specific Allegation: The following must be specifically set out if the claimant intends to rely on them:
- Allegations of fraud.
- Facts related to illegality.
- Details of misrepresentation.
- Breaches of trust.
- Notice or knowledge of specific facts.
- Unsoundness of mind or undue influence.
- Wilful default.
- Facts regarding mitigation expenditure.

Acknowledgment of Service (CPR 10)

Filing Requirements:
- A defendant must file an Acknowledgment of Service (AOS) if they cannot file a defence within the standard timeframe (specified in rule 15.4) or if they wish to dispute the court's jurisdiction.
- For Part 8 procedures, CPR 10 applies subject to rule 8.3 modifications.
Failure to File: If a defendant fails to file an AOS and does not file a defence or admission within the required period, the claimant may obtain default judgment if permitted under Part 12.
General Filing Periods (Rule 10.3):
- 14 days after service of the particulars of claim (if the claim form noted they were to follow).
- 14 days after service of the claim form in all other cases.
Specific Deadline Exceptions:
- Rule 6.35: Calculations for service out of jurisdiction under rules 6.32 or 6.33.
- Rule 6.12(3): Periods specified by the court when making an order under that rule.
- Rule 6.37(5): Periods specified by the court for AOS filing when granting permission for service out of jurisdiction, referencing Practice Direction 6B.

Contents of the Defence (CPR 16.5)

Responding to Allegations:
- The defendant must address every allegation in the POC.
- Responses must categorize allegations as denied, admitted, or "unable to admit or deny but required to be proven."
Denial Protocols:
- The defendant must provide reasons for each denial.
- If the defendant has a different version of events, that version must be stated in the defence.
Failure to Deal with Allegations:
- If a defendant ignores an allegation but sets out their case regarding the relevant issue, the claimant must prove that allegation.
- In money claims, the claimant must prove the amount of money claimed unless it is expressly admitted.
- Otherwise, an allegation not dealt with is taken to be admitted.
Disputing Value: If the defendant disputes the claimant’s statement of value, they must state reasons and, if possible, provide their own alternative statement of value.
Address and Truth: If no AOS was filed, the defendant must provide an address for service. All defences must be verified by a statement of truth.
Defence of Set-Off (Rule 16.6): If a defendant claims they are entitled to money from the claimant, they may use this as a defence (set-off) against the whole or part of the claim.

Procedures for Defence, Reply, and Counterclaim (CPR 15)

Scope: CPR 15 does not apply to Part 8 procedures.
Defense Outcomes: A defendant wishing to defend must file a defence; failure to do so allows the claimant to seek default judgment.
Standard Filing Periods (Rule 15.4):
- 14 days after service of the POC.
- 28 days after service of the POC if the defendant filed an AOS under Part 10.
Extensions (Rule 15.5): The claimant and defendant can agree to extend the filing period by up to 28 days. The defendant must notify the court in writing of this agreement.
Service: A copy of the defence must be served on every other party.
Counterclaims (Rule 15.7): Governed by Part 20. The defence and counterclaim should usually be one document, with the counterclaim following the defence.
Reply to Defence and Counterclaim (Rule 15.8):
- Claimants filing a reply must include a directions questionnaire.
- The reply must be served on other parties at the time of filing.
- The reply and the defence to the counterclaim should form one document, unless their due dates differ.
Statement of Case Restrictions: No statement of case may be filed or served after a reply without court permission.

Stay of Claim and Clinical Negligence Requirements

Automatic Stay (Rule 15.11): A claim is stayed if:
- 6 months have passed since the end of the period for filing a defence.
- No admission, defence, or counterclaim has been filed.
- No party has applied for default judgment (Part 12) or summary judgment (Part 24).
- No defendant has filed to strike out the claim.
- Parties can apply to lift the stay, but must explain the delay.
Consistency in Statements of Case: Subsequent statements of case (like a reply) must not contradict earlier ones or introduce brand new claims. Parties must seek permission to amend if new matters arise.
Clinical Negligence: The phrase "clinical negligence" must be placed at the top of every statement of case in such claims.
Responding to Medical Reports and Schedules in PI Claims:
- The defendant must state whether they agree with, dispute, or have no knowledge of the medical report.
- Reasons must be given for any dispute, and the defendant's own medical report must be attached if obtained.
- For loss schedules, the defendant must provide a counter-schedule indicating agreement, dispute, or lack of knowledge for each item, including alternative figures for disputed items.
Additional Content: The defendant must provide details of any expiry of limitation periods. Parties may refer to points of law, list proposed witnesses, and attach necessary documents, including expert reports under Part 35.