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LPC Law Notes Civil Litigation Notes

Statements Of Case

Updated Statements Of Case Notes

Civil Litigation Notes

Civil Litigation

Approximately 418 pages

A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

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STATEMENTS OF CASE

Statements of case are the documents that all parties to the litigation produce and which contain a formal statement of each party’s case. They focus the court and parties on the pertinent issues. Documents include:

  • Claim form

  • Particulars of Claim

  • Defence (and counterclaim if necessary)

  • Reply and defence to counterclaim if necessary

PD 7A 4.1 – The claim form and every other statement of case, must be headed with the title of the proceedings. The title should state:

  2. the number of proceedings,

  3. the court or Division in which they are proceeding,

  4. the full name of each party,

  5. each party’s status in the proceedings (i.e. claimant/defendant).

Claim Form (template in WS04 d1)

The Claim Form must be completed even where particulars of claim are set out in or attached.
Part 7 Claim Form
CPR 16.2(1) The claim form must –

  1. contain a concise statement of the nature of the claim;

  • identify the cause of the action and give enough detail so that the court and the other side know what sort of case it is; e.g.

    • if negligence: whether personal injury claim, fatal accident, or professional negligence

    • if contract: what sort of contract – sale of goods, supply of services, etc.

  • identify incident by date and place

  1. specify the remedy which the claimant seeks;

  • must specify the remedy sought but the court may grant a remedy where not specified in the claim form (CPR 16.2(5))

  1. where the claimant is making a claim for money, contain a statement of value in accordance with rule 16.3*;

  1. where the claimant’s only claim is for a specified sum, contain a statement of the interest accrued on that sum; and

  • if claim for damages, interest should be included

  1. contain such other matters as may be set out in a practice direction.
Part 8 Claim Form Alternative procedure for claims – to be used where:
CPR 8.1(2)(a) The claimant seeks the court’s decision on a question which is unlikely to involve a substantial dispute of fact; i.e. a ruling on a point of law sought or construction of a document; or
CPR 8.1(6) A rule or PD may require or permit its use for specified proceedings; and
/ The claimant seeks speedy resolution of claim without particulars of claim etc.
CPR 8.2

Contents

Where the claimant uses the Part 8 procedure the claim form must state –

  1. that this Part applies;

  1. the question which the claimant wants the court to decide; or

  2. the remedy which the claimant is seeking and the legal basis for the claim to that remedy;

  1. if the claim is being made under an enactment, what that enactment is;

  2. if the claimant is claiming in a representative capacity, what that capacity is; and

  3. (e) if the defendant is sued in a representative capacity, what that capacity is.

Procedure

  • Issue claim form and file evidence at the same time

  • Claim form and evidence served on defendant

  • Directions will be given

  • Allocation to track

  • Most disposed of with a hearing
PD 8B: procedure for claims under either: PAP for low value PI claims where parties are unable to agree damages payable, or compliance with the relevant protocol is impossible before end of limitation period. Also to be followed where: C is a child, settlement has been agreed at end of Stage 2 and the approval of the court is required in relation to the settlement in accordance with CPR 21.10(2).

Amount Claimed

  • If a fixed amount, insert the value in the box on the lower right side of the front of the form.

  • If not claiming a fixed amount, what are the alternatives?
CPR 16.3(2)(b)(i)

  • The claimant does not expect to recover more than 10,000;
CPR 16.3(2)(b)(ii)

  • The claimant expects to recover more than 10,000 but not more than 25,000;
CPR 16.3(2)(b)(iii)

  • The claimant expects to recover more than 25,000.
CPR 16.3(2)(c)

  • The claimant expects to recover more than 25,000 recover.

  • If a personal injury claim, insert in addition:
    'The claimant's claim includes a claim for personal injuries and the amount he expects to recover as damages for pain, suffering and loss of amenity is'
CPR 16.3(3) EITHER (a) not more than 1,000; or (b) more than 1,000.
Statement of Truth [for a statement of case]
PD 22 2.1 ‘[I believe]/[the (e.g. claimant) believes] that the facts stated in this claim form are true.’

* CPR 16.3: Statement of value to be included in the claim form

  1. This rule applies where the claimant is making a claim for money.

  2. The claimant must, in the claim form, state –

  1. the amount of money claimed;

  2. that the claimant expects to recover –

  1. not more than 10,000;

  2. more than 10,000 but not more than 25,000; or

  3. more than 25,000; or

  1. that the claimant cannot say how much is likely to be recovered.

  1. In a claim for personal injuries, the claimant must also state in the claim form whether the amount which the claimant expects to recover as general damages for pain, suffering and loss of amenity is –

  1. not more than 1,000; or

  2. more than 1,000.

  1. 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 claimant must also state in the claim form –

  1. whether the estimated costs of those repairs or other work is –

  1. not more than 1,000; or

  2. more than 1,000; and

  1. whether the value of any other claim for damages is –

  1. not more than 1,000; or

  2. more than 1,000.

  1. If the claim form is to be issued in the High Court it must, where this rule applies –

  1. state that the claimant expects to recover more than 100,000;

  2. state that some other enactment provides that the claim may be commenced only in the High Court and specify that enactment;

  3. if the claim is a claim for personal injuries state that the claimant expects to recover 50,000 or more; or

  4. state that the claim is to be in one of the specialist High Court lists and state which list.

  1. When calculating how much the claimant expects to recover, the claimant must disregard any possibility...

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