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.
The following is a more accessble plain text extract of the PDF sample above, taken from our Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Drafting a Particulars of Claim NOTE:
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.
Do it in order: o
Duty, Breach, Causation Loss
Precedent (i.e. statement of truth, pre-action conduct, loss, interest claim
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:
"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".
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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