This is an extract of our Statements Of Case document, which we sell as part of our Civil Litigation Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.
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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:
Defence (and counterclaim if necessary)
Particulars of Claim
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:
(1) the number of proceedings,
(3) the full name of each party,
(2) the court or Division in which they are
(4) each party's status in the proceedings (i.e.
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
The claim form must -
(a) 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.
o 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
(b) 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))
(c) where the claimant is making a claim for money, contain a statement of value in accordance with rule 16.3*;
cc) 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
(d) 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:
The claimant seeks the court's decision on a question which is unlikely to involve a
CPR 8.1(2)(a) substantial dispute of fact; i.e. a ruling on a point of law sought or construction of a document; or
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.
Where the claimant uses the Part 8 procedure the claim form must state -
(a) that this Part applies;
(i) the question which the claimant wants the court to decide; or
(ii) the remedy which the claimant is seeking and the legal basis for the claim to that remedy;
(c) if the claim is being made under an enactment, what that enactment is;
(d) if the claimant is claiming in a representative capacity, what that capacity is; and
(e) (e) if the defendant is sued in a representative capacity, what that capacity is.
Issue claim form and file evidence at the same Directions will be given time
Allocation to track
Claim form and evidence served on defendant 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).
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