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DRAFTING STATEMENTS OF CASE DISPUTE RESOLUTION - Coggle Diagram
DRAFTING STATEMENTS OF CASE DISPUTE RESOLUTION
Basic principles for drafting statements of case
CPR 16.4, must be brief and concise
If a statement of case exceeds 25 pages it must include an appropriate short summary at the start.
Must be drafted in plain English, clear and precise, avoid statements that are too generic and not specific
Facts rather than evidence or legal argument
All statements of case must be headed with the title of the proceedings
The claim number (allotted by the court)
The court or division which they are proceedings.
Full name of each party
Each party's status in the proceedings (claimant or defendant)
Essential elements of a particulars of claim
POC
16.4
(1) Particulars of claim must include—
(a)a concise statement of the facts on which the claimant relies;
A clear and concise statement of what happened and why the claimant is suing. It should not include unecessary details.
(b)if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);
Interest, they must say so and why... A contract---the contract states I am entitled to 5% interest on late payments
A law- , Other reason which must be explained.
They must explain the interest rate, start date, end date, the total interest, the daily rate
(c)if the claimant is seeking aggravated damages(GL) or exemplary damages(GL), a statement to that effect and the grounds for claiming them;
(d)if the claimant is seeking provisional damages, a statement to that effect and the grounds for claiming them; and
(e)such other matters as may be set out in a practice direction.
(2) If the claimant is seeking interest they must—
(a)state whether they are doing so—
(i)under the terms of a contract;
(ii)under an enactment and, if so, which; or
(iii)on some other basis and, if so, what that basis is; and
(b)if the claim is for a specified amount of money, state—
(i)the percentage rate at which interest is claimed;
(ii)the date from which it is claimed;
(iii)the date to which it is calculated, which must not be later than the date on which the claim form is issued;
(iv)the total amount of interest claimed to the date of calculation; and
(v)the daily rate at which interest accrues after that date.
PARTIES, CONTRACT, BREACH OF CONTRACT, LOSS & DAMAGE, INTEREST, REMEDIES SOUGHT
Essential elements of a defence
Content of defence
16.5
(1) In the defence, the defendant must deal with every allegation in the particulars of claim, stating—
(a)which of the allegations are denied;
(b)which allegations they are unable to admit or deny, but which they require the claimant to prove; and
(c)which allegations they admit.
(2) Where the defendant denies an allegation—
(a)they must state their reasons for doing so; and
(b)if they intend to put forward a different version of events from that given by the claimant, they must state their own version.
(3) If a defendant—
(a)fails to deal with an allegation; but
(b)sets out in the defence the nature of their case in relation to the issue to which that allegation is relevant,
the claimant is required to prove the allegation.
(4) Where the claim includes a money claim, the claimant must prove any allegation relating to the amount of money claimed, unless the defendant expressly admits the allegation.
(5) Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.
(6) If the defendant disputes the claimant’s statement of value under rule 16.3 they must—
(a)state why they dispute it; and
(b)if they are able, give their own statement of the value of the claim.
(7) If the defendant is defending in a representative capacity, they must state what that capacity is.
(8) If the defendant has not filed an acknowledgment of service under Part 10, they must give an address for service.
(Part 22 requires a defence to be verified by a statement of truth.)
(Rule 6.23 makes provision in relation to addresses for service.)
✅ Proper Structure – Clearly responds to each paragraph of the claim.
✅ Defence to Interest – Correctly challenges interest under the Late Payment of Commercial Debts (Interest) Act 1998.
✅ Mitigation of Loss – Argues that the Claimant failed to mitigate losses.
✅ Legal Defences – References remoteness of loss and lack of foreseeability.
✅ Statement of Truth Included – Mandatory under CPR 22.1(1)(a).
Formal requirements for drafting statement of case
Statement of truth CPR 22
Interest calculations-
Interest is the additional amount a claimant may seek to reover the sum of money they claim, which compensates for the time they have been deprived of that sum.
Interest that can be claimed in POC
Interest under a contract
If a contract specifies that interest is due for late payment, the claimant may rely on this clause to claim interest
Statutory Interest
Late payment of Commercial Debts (Interest) Act 1998
Allows commerical claimants to claim interest on overdue debts at 8% per annum above base rate from the date the debt was due until the date of judgment
POC must include the following, if a statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998.
Contractual or Common Law Interest
If no express contract exists and no statute applies, the claimant may claim interest under common law principles, such as the general principle of damages for loss caused by delay.
Claimant must specify the applicable interest rate and the date from which and to which interest is claimed
CLAIM FORM CONTENTS
Addresses
Parties
Claim details
Value of claim form
5.Particulars of claim (to follow)
PARTICULARS OF CLAIM
Introduce each party, to help the court understand the context
At all material times the Claimant was x and the Defendant was Y
Set out the relevant duty (or duties) including any necessary background facts
By contract dated 23rd October, the Claimant and Defendant agreed that the X would sell...
Specify the breach (or breaches)
In breach of the express term of the contract referred to in paragraph 4 above ...
Plead causation (linked to the breach)
As a result of the breach referred to in paragraph 5 above, the Claimant has sufferred loss
Set out loss (and interest claim)
The Claimant calims
Prayer
AND THE CLAIMANT CLAIMS:
(a) damages under paragraph 13 above; and
(b) interest under paragraph 14 above.
DEFENCE
If there are defined terms in the POC, open the defence by adopting these so consistent terminology can be used throughout the statements of case
E.g the definitions used in the Particulars of Claim are adopted.
The first paragraph of the particulars of claim is usually the introduction of each party. This should not be controversial so therefore it can be admitted in the defence
The allegations will be admitted, denied or put to proof.
Paragraph 6 of the Particulars of Claim is denied [a reason and alternative version would be given]
The claimant is required to provide Paragraph 7 of the Particulars of Claim
End of defence... general denial is usually included.
This denies entitlement of the claimant to the sum or any part of the sum, being claimed.
Example wording- In the circumstances, it is denied that the Claimant is entitled to the amount claimed or any amount.
Amendments to Statements of Case
If Statements of Case have already been served?
GENERAL AMENDMENTS
The party may only amend its
statement of case:
with the written consent of all
the other parties; or
with the permission of the
court.
(CPR 17.1(2))
AMENDMENTS, REMOVING, ADDING OR SUBSITUTING PARTIES
The claimant will require the
court’s permission to remove,
add or substitute a party if
the claim form has already
been served.
(CPR 19.4(1))
If Statements of Case have not been served
The party can amend its statement of case without the court's permission CPR 17.1
For amendments removing, adding or substituting parties, the claimant can remove, add or substitute a party without permission as long as the claim form has not been served. CPR 19.4
If the limitation period has expired
Courts permission may always be required