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Particulars of Claim. Issue and Service - Coggle Diagram
Particulars of Claim. Issue and Service
Particulars of Claim
This is statement of case - a document setting out the legal and factual basis of the claimants claim
Then you have the statement of case for the defence which is the document setting out the defendants case
DRAFTING STEPS
Who we are and who you are
What happened?
Its a breach of/your fault/particulars?
Breach/Fault caused loss
What the loss is-particulars
Specific requirements in contract cases in PD 16 para 7
where the claim is based on an written agreement the copy of the contract should be attached PS 16 para 7.3
Where the claim is based on an oral agreement- the particulars of claim should set out the contractual words used and state by whom to whom, when and where they were spoken PD 16 para 7.4
Service
This means sending to the client
Either the court serves or you choose to CPS 6.4 (may be preferable for the solicitor to choose to so they have control of the process)
Needs to be served by first class post PD 6A para 8.1
CPR 6.3: you can serve proceedings by:
Post (must be first class)
DX (postal systems for lawyers)
Fax
Email
Personal service
Delivering or leaving documents at the defendants address
you can serve the claim form on its own but then you must serve the PoC within 14 days of the service of the claim form CPR 7.4
you may want to serve them together
With the PoC you must also serve the
response pack (Form N9) or service is not effective CPR 7.8
Where a claim form is served within the jurisdiction it will be valid for 4 calendar months from he date of the issue (6 months if outside jurisdiction)
you must take a specific step of either posting/DXing, faxing, emailing, personally serving of delivering the Claim form before 12 midnight not he caldender day four months after the date of issue CPR 7.5 e.g. claim form issued on the 25th October, you must take one of the steps before the 25 February otherwise the claim form will not be valid
ON WHOM
If you have had instruction from their solicitor that they will accept service of proceedings then you must serve on them CPR 6.7- only can be done via fax or email if they have expressly agreed in writing to accept service by those means PD 6A para 4
If D has not stated where to serve proceedings then you should:
Individuals- serve at their usual or last known residence
Registered Companies- serve at the principal office of the company or any place or business in the jurisdiction with a real connection with the claim CPR 6.9
Deemed date of service
this is the date that the CPR deems service of the proceedings to have taken place
Defendant must have responded within 14 days of the date of deemed service - by serving an acknowledgement of service or a defence
IF THE CLAIM FORM IS SERVED WITH THE PoC
SERVICE IS DEEMED TO TAKE PLACE ON THE SECOND BUSINESS DAY AFTER POSTING, DXING, FAXING OR EMAILING SPR 6.14 AND 7.5 (1)
This is the rule even if the documents arrive earlier (Godwin 2002)
e.g. on the Monday the date of deemed service is wednesday
PoC is served after the claims form
serving by post or DX
If sent on monday, deemed date of service is second business day i.e. Wednesday or if sent on thursday deemed date of service will be monday
BUT if sent on friday then deemed date of service will also be Monday- CPR 6.26 says if SECOND day after posting isn't a business day then the date of deemed service will be the next business day (monday)
Serving by other means besides post or DX
If sent on a a monday before 4.30pm then deemed date of service will be monday
if sent on a monday after 4.30pm then deemed date of service is a tuesday
After service
if the court serves then it will send out notice to the claimants solicitors to verify it has done so CPR 6.17 (1)
if solicitor serves then they need to file a certificate of service to verify doing so within 21 days of serving a PoC CPR 6.17(2)