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STATEMENTS OF CASE STAGE, STATEMENTS OF CASE STAGE - Coggle Diagram
COMMENCING PROCEEDINGS
Claimant decides in which court to issue claim
- Choice of High OR County Court that have concurrent jurisdiction over most claims
Choosing courtDoes specific enactment specify court/
- YES = follow it
- NO = below testPersonal Injury claims LESS than £50,000 = County Court.
Personal Injury claims £50,000 or MORE = either court
Non PI claims up to £100,000 = County Court.
Non PI claims MORE £100,000 = either courtIF choice between courts > High Court is justified by considering:
- financial value of the claim
- complexity of facts, legal issues, remedies or procedures involved
- importance of the outcome of the claim to the public in general
IF COURT disagrees with claimant's choice:
- Court may transfer case AND order claimant to pay costs of transfer
OR
- If matter continues in High Court when it should have been in County Court = any costs awarded can be deducted by up to 25% at court's discretion
Issuing the claim at court
Copies of the claim form (Form N1) to be issued and sealed: one to every defendant, claimant, court to keep on file + court issues fee
High Court claims
- Date of issue of claim form stops time for limitation and starts time for which claim form must be served (served before limitation date so can be served on same day as issued)
County Court claims
- Date of issue has same significance as above
- Most claims issued by post in Civil National Business Centre
- Not money-only claims issued at any of County Court Hearing Centres by sending claim form + fee
- Money claims up to £100,000 + against no more than 2 defendants issued online using Money Claim Online
- Bulk users issuing many claims can be registered users at County Court Business Centre
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COUNTING TIME
Rule 1. Clear days: day on which period begins
Day on which a period begins is NEVER included = start counting on the following day
Reference to days = clear days
Rule 2. Clear days – end of period defined by reference to an event
IF end of period is defined by reference to event = day of event is not included
Rule 3. Clear days – days which do not count
IF specified period is 5 days or LESS = Saturdays, Sundays, Bank Holidays, Christmas Days or Good Fridays in period do not count.
Rule 4. Deadlines on days on which the office is closed
IF deadline relates to act of court office AND deadline ends on day where court office is closed = act is on time if done on the next day on which the court office is open.
CLAIM FORM
- Used to commence proceedings + prepared by claimant
- Includes brief statement of nature of claim + remedy
- IF claim for money = also contains statement of the amount claimed:
- Specified = state amount OR
- Unspecified = recover less than / between / more than OR
- cannot say how much I expect to recover
BUT court has power to make judgement for any amount
PARTICULARS OF CLAIM
- Set out claimant's case in full detailFOR general situations:
- Include statement of facts on which claimant relies + essential elements of claimant's cause of action
FOR specific situations they include:
- Aggravated / exemplary and/or provisional damages + grounds
- In PI claims, claimant's DOB + injuries + past and future expenses + losses + medical practitioner report
- Claim for possession / occupation / use / enjoyment of land = must identify land
- Claim based on written agreement = attached
- Claim based on oral agreement / conduct = set out words / conduct
Interestclaimant has a right to claim interest on the principal amount being claimedLegal basis: set out in a contract OR statutory right1. Exact calculationSpecified claim
- Set out: percentage rate + dates for which interest is claimed + amount claimed up to issue of claim form + daily interest rate thereafter
2. Pleading interest generallyUnspecified claim - damage can be due to:
- loss of goodwill / damage to reputation / loss of future earnings or profits / damages where remoteness, foreseeability and/or mitigation is an issue.
IF BOTH specified and undecided = either 2 separate claims OR treat whole as unspecified 3. Statutory interest claims
- Court has discretion as to awarding interest + how much, from date cause of action accrued until judgment
- In PI claims = damages over £200 awarded > some interest must be awarded
- In debt claims = if defendant pays whole debt during proceedings > some interest must be awarded
Structure
- Introduce each party
- Set out relevant duty
- Specify the breach
- Plead causation
- Set out loss
- Set out remedies (in prayer)
DEFENCE
Document where defendant sets out its case + responds to every point in particulars + filed at court and served on other parties
- Follows particulars structure + includes defendant's address
Contents
GeneralThe defendant can do one of three things in relation to general allegation:
- Admit = not disputed / non-controversial + save costs and time + no more evidence by claimant
- Deny = dispute any facts + give reasons > claimant will have to prove allegation
- Require proof = defendant cannot admit / deny as alleged fact is something defendant does not know SO defendant could: deny if it knows it did not happen AND require claimant to prove amount of alleged loss
Failing to deal with allegation (no response) = defendant deemed to admit it UNLESS he set out its own case
- In money claim = amount claimed ONLY admitted if defendant specifically admits it
SpecificIn specific circumstances, defendant might need to state:
- Limitation = is a defence + state date when limitation expired
- Disputing the statement of value = state why it disputes it + estimate of value
- PI claims = whether it agrees / disputes / has no knowledge of matter + giving reasons
- Any matters to do with mitigation / reduction of damages
- Set-off: if defendant is owed money by claimant > state it wishes to rely on it as part of defence to claimant's claim
- Other defences
REPLY
Optional statement (last one) served by claimant to respond to facts in defence NOT included in claim
- Filed with directions questionnaire BUT time limit is different in some specialist proceedings
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COUNTERCLAIMS
Additional claim made at same time as filing of defence + dealt with in same proceedings as the main claim
- If counterclaim is made after defence has been filed = permission of the court is needed
- If court thinks counterclaim should NOT be heard with main claim = order that counterclaim be struck out / heard separately
Counterclaim may / not have anything to do with claimant's substantive cause of action BUT parties must be suing/being sued in same capacities as main claim.IF made with defence = form single document + follow particulars structure
Defence to counterclaimClaimant needs to respond by admitting / defending
- Defence must be served w/in 14 days after service of counterclaim IF NOT > judgment in default might be entered by defendant
Reply to counterclaim (optional)
- Used to allege facts not in defence + filed with directions questionnaire
- Last statenment + dfferent iin specialist proceedings
SET OFF
In certain circumstances where defendant can actually set off its judgment in counterclaim against claimant's judgment in substantive claim:
- Sale of Goods Act 1979 = seller sues for price of goods sold + delivered > buyer can set off claim for breach of terms of quality + fitness for purpose.
- Defective services = claim made for price of services > defendant can set off claim for damages for poor services.
- Equitable set-off = if there is close connection between 2 transactions + would be unjust to allow enforcement of one claim and not other
1. Classic counterclaimDefendant’s counterclaim against claimant filed with defence, pursued in same proceedings as main claim (no permission)
- If filed at any other time = permission required
- If disputed, claimant will serve defence
Form = particulars + filed and served with defence
2. Counterclaims by defendant against claimant AND other person
If other party is not party to main claim = will be joined to main claim as 3P
Must be connection between claimant + 3P in respect of counterclaim
Permission is always required
Defendant’s counterclaim might arise from a completely different facts from the main claim.
3. Additional claim by defendant against any person (already party to proceedings) claiming a contribution / indemnity / some other remedyContribution = recover from 3P all / part of amount which defendant is liable to pay
- Arises in tort, contract or under Civil Liability (Contribution) Act 1978
Indemnity = recover from 3P whole amount which defendant is liable to pay
- Arises from contract or some other statutory provision
Procedure (no permission)
- Defendant who has acknowledged service / served defence can make this claim by filing a contribution notice with court WITH defence
- OR If additional claim is made against party added to the main claim at later date > notice is served on other party w/in 28 days after they filed its defence
- There must be legal basis on which defendant can base claim = other existing parties already involved in the action
If filed at any other time = permission required + court will give directions on serving notice
Other additional claims
a. Additional claim by defendant against any person (not already party to proceedings) claiming contribution / indemnity / other remedy.
b. Additional claim by party which has itself been joined to the main proceedings
There needs to be legal basis on which defendant could base this claim against 3P
If the additional claim is issued before / at same time as defence is filed = no permission + counterclaim claim form (N211) should be served on person against who it is made w/in 14 days of it being issued
If filed at any other time = permission required + court will give directions on serving notice
All additional claims rulesNew Parties
A party upon who additional claim is served becomes a party to the proceedings + receives a
response pack + copy of every statement of case + other docs requires
- Copy of additional claim form is served on every existing party
Permission
- Permission is applied for using normal interim application procedure
Remedy
Court will consider if remedies should be sought as additional claim OR separate action altogetherIF defendant to additional claim files a defence = court will arrange hearing to consider additional claim + notice of it given to any party likely affected
Title of proceedings where there are additional claimsClaimants and defendants in original claim should always be referred to as such + additional parties (in order in which they joined proceedings) will be referred to in the titleAdditional claim is treated as a claim so if person on the receiving end does not respond:
- If party does not file defence to counterclaim = defendant can apply for default judgment
- If existing party does not reply to notice of contribution / indemnity = not possible to apply for default judgment
- If party fails to reply to additional claim Form N211 = admit it + bound by the judgment or decision
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