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Drafting A Particulars Of Claim Notes

LPC Law Notes > Civil Ligitation Notes

This is an extract of our Drafting A Particulars Of Claim document, which we sell as part of our Civil Ligitation Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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Drafting a Particulars of Claim NOTE:

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There must be a duty, breach, causation, loss element to every part of the claim. This is crucially important and where most of the marks will be.

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Do it in order: o

Duty, Breach, Causation Loss

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Precedent (i.e. statement of truth, pre-action conduct, loss, interest claim

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Minor corrections (i.e. dates, names, figures) (ensure claim number correct)

IN THE CENTRAL LONDON HIGH COURT (get court right; High/County Court?) BETWEEN GREEN INVESTMENTS PLC (make sure correct) Ensure in the right order: - Claimant (or claimants)
-and[here, either put name of each partner or company name and (the 'Firm') (1) TOM JONES (2) SIMON JONES etc. Ensure in the right order: - Defendant (or defendants) _______________________ PARTICULARS OF CLAIM (not Statement of Case) _______________________

1. At all material times the First Defendant (or just 'Defendant' if suing firm) was a [Position of Defendant]

in a [type of company] known as [name of company].

2. On 27 April 2011 (numbers and dates in figures not words) the Claimant (capitalised) entered into a

contract with the Defendant for the supply of consultancy services. Go on to describe events... Ensure they are correct, the figures are correct. Be sure to establish:

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Duty o

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"It was an implied term of the Retainer that in acting for the Claimant, the First Defendant would exercise the care and skill to be expected from a reasonably competent [position of Defendant]. Further or alternatively, the First Defendant owed a like duty at Common Law".

Breach o

Paragraph [x] - "In providing advice to the Claimant, the First Defendant: Particulars of Breach

oParagraph [x.i] - The product was [X]...Paragraph [x.ii] - Failed to advise..."

Paragraph [y] - "Given the paragraphs [x.i] to [x.ii] inclusive, the Defendants are in breach of the implied terms and/or in breach of the said duty at common law that they owed to the

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