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STATEMENTS OF CASE
A subsequent statement of case must not contradict/ be…
STATEMENTS OF CASE
A subsequent statement of case must not contradict/ be inconsistent with an earlier one
Acknowledgement of Service (10.1)
A D may file an acknowledgement of service if
a) he is unable to file a defence within the time limit after the filing of the particulars of claim (14 days) OR
b) he wishes to dispute the court's jurisdiction
10.2
If a D fails to file an acknowledgement of service within 14 days after service of the particulars of claim, and
does not within that period file a defence / serve / file an admission, the C may obtain a default judgement.
10.3 - Period for filing acknowledgement of Service
If D served with a claim form that says particulars of claim is to follow, then 14 days after the particulars of claim. Otherwise, 14 days after service of claim form.
If D is an individual, must provide his DOB in the acknowledgement of service, defence, reply or other response
CONTENTS OF CLAIM FORM (16.2)
- Concise statement on nature of claim
- Remedy sought
- Statement of Value (if any)
- Statement of interest accrued on specified sum (if any)
- Other matters set out in PD
Claim Form must be verified by a statement of truth
- Court has power to dispense with other statements of case if claim form issued and serve properly (16.8).
- Claim form must include an address where C resides/ carry on business even if service is to solicitor.
- If D is an individual, should also include his address/ business address.
- Must include postcode. If claim form dont have full address of C and D, Court will retain the claim form until C has supplied the full address. Claim form would not be served.
- Claim form must be headed with the title of proceeding including the full name of each party.
- If particulars of claim not served with claim form, claim form must contain a statement that the particulars of claim will follow.
In civil proceedings against the Crown, Claim form must contain
- Names of govt departments and officers of crown concerned
- brief details of the circumstances which the alleged liability of the Crown arose.
- If particulars of claim not served with claim form, must state that it will follow.
- State what capacity is C/ D is
Court may grant any remedy to which the claimant is entitled even if that remedy is not specified in claim form.
STATEMENT OF VALUE (16.3)
- Apply where the C is making a claim for money
- Does not limit the power of the court to give judgement for the amount which it finds the C is entitled to.
- Must state in the claim form
1) Amount of money claimed,
2) That the C expects to recover
i) no more than £10,000
ii) more than £10,000 , but less than £25,000
iii) more than £25000 OR
3) That the C cannot say how much is likely to be recovered.
If a claim for personal injury, must also state in claim form whether the amount for PSLA claimed is
i) Not more than £1,000 or
ii) More than £1,000
Claim by a tenant of residential premises against landlord where tenant is seeking an order to carry out repairs of other work to the premise, the C must state in claim form
a) Whether the estimated cost of those repairs is
i) Not more than £1,000 or
ii) More than £1,000 AND
b) Whether the value of any other claim for damages is
i) Not more than £1,000 or
ii) More than £1,000
If claim form is to be issued in the High Court, must state: :
a) that C expects to recover more than £100,000;
b) that some other enactment provides that the C may be commenced only in High Court ;
c) If claim is for personal injury then state C expects to recover £50,000 or more or
d) state the claim is to be in one of the specialists high court lists
When Calculating how much C expects to recover, C must disregard any possibility
a) that the court may make an award of interests/ costs
b) that the court have finding for contributory negligence
c) that the D may make a counterclaim / defence may include a set-off or
d) the D may be liable to pay an amount to the SOS for Social Scurity
CONTENTS OF PARTICULARS OF CLAIM (16.4)
- Concise statement on facts
- If seeking interest, must state
- If seeking aggravated damages,/ exemplary damages/ provisional damages, must state and provide grounds
- other matters set out in PD
- Particulars of Claim must be verified by statement of truth
- If practicable, the particulars of claim should be set out in the claim form.
- Otherwise, in a separate document served at the same time as the claim form or within 14 days after service of the claim form provided that the particulars of claim is not later than 4 months from the date of issue of the claim form.
If seeking interest, must state whether doing so
- under terms of contract
- under enactment or
- on some other basis AND
If claim is for specified amount of money, must state
- Percentage rate of interest claimed
- date from which it is claimed
- Date to which it is calculated (X be later than the date of issue of claim form)
- Total amount of interest claimed AND
- Daily rate at which interest accrued after that date
Particulars of claims served separately from the claim form must also contain
- Name of the court in which the claim is proceeding
- Claim number
- Title of proceeding and
- C's address for service
For personal injury claims, the particulars of claim must contain
- C's DOB
- Brief details of the C's personal injuries
- C must attach a schedule of details of any past/ future expenses and loses which he claims
- If C rely on medical practitioner evidence, must attach a report from that medical practitioner.
For provisional damages claim, must state
- that he is seeking an award of provisional damage,
- that there is a chance that at some future time the C will develop some disease/ suffer some serious deterioration and
- Specify the disease/ type of deterioration in respect of which application may be made at a future date.
Claims for an injunction/ declaration in respect of or relating to any land or the possession, occupation or enjoyment of any land must
- state whether or not it relates to residential premises and
- identify the land (by reference to plans if necessary
Claims to enforce a right to recover possession of goods must contain a statement showing the value of the goods
If Claims based on written agreement
- Copy of the contract should be attached/served with the particulars of claim and the original should be available at the hearing AND
- any general conditions of sale incorporated in the contract should also be attached.
If based on oral agreement, should set out the contractual words used and state by whom, to whom, when and where they were spoken.If based on agreement by conduct, must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.
If a C wishes to rely on evidence under S.11/ S.12 of the Civil Evidence Act, must include a statement to that effect and give:
- The type of conviction, finding or adjudication and its date
- The Court/ Court-Martial which made the conviction, finding or adjudication and
- The issue in the claim to which it relates
C must specifically set out the following if he wishes to rely on them:
- Any allegation of fraud
- Fact of any illegality
- Details of any misrepresentation
- Details of all breaches of trust
- Notice/ Knowledge of a fact
- Details of unsoundness of mind/ undue influence
- Details of wilful default and
- any facts relating to mitigation of loss of damage
DEFENCE (16.5)
14 days after service of particulars of claim/ 28 days if acknowledgement of service filed. (15.4)D and C may agree that the period for filing defence to extend for up to 28 days. Must notify court in writing (15.5).D must state in defence:
- which allegation in the particulars of claim is denied
- Which allegation he is unable to admit or deny but requires the C to prove and
- which allegation he admits
A copy of the defence must be served on every other party (15.6). Defence and counterclaim (if any) should form 1 document. Must be verified by a statement of truthD must give details of expiry of any limitation period relied on, any witness he propose to call and any documents that is deemed necessary
If D deny allegation, must provide reasons and if he intends to put forward a different version of event from that given by C, he must state his own version.
A D who fails to deal with an allegation but has set out in his defence the nature of the case in relation to the issue to which that allegation is relevant shall be taken to require that allegation to be proved.
For money claims, D is taken to require any allegation to be proved unless he expressly admits to that allegation Otherwise, a D who fails to deal with an allegation is deemed to admit that allegation.
If D disputes the C's statement of value, must state reasons and if can, provide his own statement of value
DEFENCE OF SET-OFF (16.6)
Where D contends he is entitled to money from C and relied on this as a defence to the whole/ part of the claim, then it may be included in the defence and set off against the claim.
REPLY TO DEFENCE (16.7)
- C who does not reply to the defence shall not be taken to admit.
- C who files a reply to defence but fails to deal with the matters raised in the defence shall be taken to require the matter to be proved.
- A reply needs to be verified by a statement of truth
- C must file the reply with the directions questionnaire and serve his reply on the other parties at the same time it is filed (15.8).
Reply and defence to counterclaim should form 1 document.
If the date C must file his directions questionnaire is later than the date he must file his defence to counterclaim, the court will normally order the defence to the counterclaim to be filed the same day as the reply.If no order made, then reply and defence to counterclaim may form separate documents.
15.11 - The claim shall be stayed if
- at least 6 months has expired since the end of the period for filing a defence,
- no D has served/ filed an admission/ filed a defence/ counterclaim AND
- C has not entered/ applied for default judgement (Part 12) or summary judgement (Part 24)
Any party can apply for the stay to be lifted.
MONEY CLAIMED HAS BEEN PAID (15.10)
If the only claim is for a specified amount of money and the D states in his defence that he has paid, the court will send a notice to the C requiring him to state in writing whether he wishes the proceedings to continue.
- When C responds, he must serve a copy to the D.
- If C fails to respond within 28 days after the court notice, the claim shall be stayed.
- Any party can apply for the stay to be lifted.
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