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Statements Of Case Interest Convictions Notes

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Statements of Case
CPR, Part 16---Statements of Case & PD 16 integrated

16.1, This Part DOES not apply where C uses Part 8 procedure (alternative procedure for claims)
PD 16, Para 1, General
-Where special provisions about statements of case are made by the rules & PDs applying to particular types of proceedings, the provisions of Part 16 and this PD
apply only to the extent they are not inconsistent with those rules & PDs.
-egs of types of proceedings with special provisions re statements of case, including:
o (1) defamation claims (Part 53)
o (2) possession claims (Part 55); and

(3) probate claims (Part 57).
-If exceptionally a statement of case exceeds 25 pages (excluding schedules)? an appropriate short summary must also be filed and served.

Claim Form

16.2, Contents of the claim form
-(1) the claim form must:
o (a) contain a concise statement of the nature of the claim;
o (b) specify the remedy which C seeks;
o (c) where the C is making a claim for money, contain a statement of value (in accordance with rule 16.3);
o (cc) where C's only claim is for a specified sum, contain a statement of the interest accrued on that sum;
o (d) contain such other matters as may be set out in a PD [[? see PD 16, Para 2 below, requirements eg addresses, full names, title of proceedings etc]].
-(1A): in civil proceedings against the Crown, claim form must also contain:
o (a) the names of the gov departments & officers of the Crown concerned;
and

(b) brief details of the circumstances in which it is alleged that the liability of the Crown arose.
-(2), if the particulars of claim specified in rule 16.4 [[content of the particulars of claim]] are not contained in/served with, the claim form ? the C must state on the claim form that the particulars of claim will follow.
-(3) if the C is claiming in a representative capacity, the claim form must state what that capacity is.
-(4) if D is sued in a representative capacity, the claim form must state what that capacity is.
-(5) the court may grant any remedy to which the C is entitled, even if that remedy is not specified on the claim form.
-A claim form (and PoC if not included in claim form) must be verified by a statement of truth (Part 22)).

(PD 7A): form of the statement of truth is as follows: "[I believe][the claimant believes] that the facts stated in [this claim form] are true."
PD 16, Para 2, The Claim form
-Rule 16.2 refers to matters which the claim form must contain. Where claim is for money, claim form must also contain statement of value in rule 16.3.
-Claim form must include an address at which the CLAIMANT resides or carries on business.
o This para applies even though C's address for service is the business address of his solicitor.
-Where the DEFENDANT is an individual: the C should (if able to do so) include in claim form an address at which the D resides or carries on his business.
o This para applies even though the D's solicitors have agreed to accept service on the D's behalf.
-Any 'address' which is provided for purposes of these provisions must include a postcode or its equivalent in any EEA state (if applicable); unless the court orders otherwise.
o Postcode info for UK may be obtained from royalmail.com or Royal mail
Address Management Guide.
-If claim form does not show full address (including postcode) at which the C(s) and
D(s) reside or carry on business

? the claim form will be issued, but will be retained by the court and not be served until the C has supplied a full address (including postcode), OR
until court has dispensed with the requirement to do so.
o The court will notify the C.
PD 16, The claim form must be headed with: the title of the proceedings, including the full name of each party.
-The "full name" means, in each case where it is known:
o (a) in case of an individual: his:
-(1) full, unabbreviated name
-AND (2) title by which he is known;
o (b) [[sole traders] in the case of an individual carrying on business in a name other than his own:
-(1) the full unabbreviated name of the individual; AND
-(2) the title by which he is known; AND
-(3) the full trading name [[EG: John Smith 'trading as' or 'T/as' 'JS
Autos']].
o (c) for a partnership (other than a LLP (limited liability partnership))
-(i) where partners are being sued in name of the partnership :
-(1) the full name by which the partnership is known at date of accrual of cause of action
-AND (2) the words "(A Firm)"; OR
-(ii) where partners are being sued as individuals, the
-(1) full unabbreviated name of each partner
-AND (2) the title by which he is known; ?

o (d) in the case of a company or LLP registered in Eng & Wales: the full registered name, including suffix (plc, limited, LLP etc), if any;
o (e) in the case of any other company or corporation, the full name by which it is known, including suffix where appropriate
(for info re how & where a claim may be started see Part 7 and PD 7A).

16.3, Statement of value to be included in the claim form [[where claim is for money]]
-(1) this applies where: C is making a claim for money.
-(2), C must, in the claim form, state:
o (a) the amount of money claimed;
o (b) that the C expects recover:
-(i) not more than PS10,000
-(ii) more than PS10,000 but not more than PS25,000
-(iii) more than PS25,000;
o OR (c) that the C cannot say how much is likely to be recovered.
-(3) in a claim for PIs: C must also state in the claim form whether the amount the C
expects to recover as general damages for pain, suffering & loss of amenity is:
o (a) not more than PS1,000; or

(b) more than PS1,000.
-(4) in a claim which includes a claim by a tenant of residential premises against a landlord, where the tenant is seeking an order requiring the landlord to carry out repairs or other work to the premises, the C must also state in the claim form:
o (a) whether the estimated costs of those repairs or other work is:
-(i) not more than PS1,000; OR
-(ii) more than PS1,000;
o AND
o (b) whether the value of any other claim for damages is:
-(i) not more than PS1,000; or
-(ii) more than PS1,000.
-(5) if the claim form is to be issued in the High Court, it must, where this rule applies:
o (a) state that the C expects to recover more than PS100,000; OR
o (b) state that some other enactment provides that the claim may be commenced only in the High Court & specify that enactment;
o (c) if the claim is for PIs, state that the C expects to recover PS50,000 or more;
OR
o (d) state that the claim is to be in one of the specialist High Court lists and state which list.
-(6) when calculating how much the C expects to recover, the C must disregard any possibility:
o (a) that the court may make an award of:
-(i) interest;
-(ii) costs;
o (b) that the court may make a finding of contrib neg;
o (c) that the D may make a counterclaim or that the defence may include a set-off; or ?

o (d) that the D may be liable to pay an amount of money which the court awards to the C to the Secretary of State for Social Security under s6 Social
Security (Recovery of Benefits) Act 1997.
(7) the statement of value in the claim form does not limit the power of the court to give judgment for the amount which it finds the C is entitled to.

Particulars of Claim (PoC)
CPR 16.4, Content of the PARTICULARS OF CLAIM
-[[and need to look at PD 16, below, for further contents needed]]
-(1) Particulars of claim must include:
o (a) a concise statement of facts on which the C relies;
o (b) If C is seeking interest, a statement to that effect & the details in para (2);
o (c) if C is seeking aggravated damages or exemplary damages, a statement to that effect & his grounds for claiming them;
o (d) if the C is seeking provisional damages, a statement to that effect & his grounds for claiming them; and

(e) such other matters as may be set out in a PD.
-(2) if C is seeking interest, he must:
o (a) state whether he is 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;
o AND
o (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 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.
-PoC to be verified by a statement of truth (if PoC is not included in the claim form)).
PD 16
Para 3, Particulars of claim
-if practicable, the PoC should be set out in the claim form.
-Where C does not include the PoC in the claim form, the PoC may be served separately:
o (1) EITHER at the same time as the claim form; OR
o (2) within 14 days after service of the claim form [[rule 7.4(1)(b)]]
-provided that the service of the PoC is not later than the latest time allowed for serving a claim form, i.e. not later than 4 months from date of issue of the claim form [7.4(2) & 7.5(1)]

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