Chapter 7

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

At which stage of litigation are statements of case primarily dealt with?

Stage 3

Stage 1

Stage 4

Stage 2 (correct)

What is the primary purpose of statements of case in litigation?

To summarize the entire case

To argue the case in detail

To present evidence for the trial

To outline the basic facts of a case (correct)

According to the guidelines, statements of case should contain which of the following?

Only material facts (correct)

A detailed account of all evidence

Comprehensive background information

Personal opinions and arguments

What should statements of case avoid including?

Arguments and rhetoric Signup and view all the answers

What does the 'flesh' of a case refer to in the context of litigation stages?

Detailed evidence Signup and view all the answers

What type of documents can a party attach to their statement of case?

Documents that are critical and necessary for understanding the statement of case Signup and view all the answers

When is it appropriate to attach an expert's report to a statement of case?

Only if the court has granted permission for the expert to be relied upon Signup and view all the answers

According to the guidelines, what should be avoided when preparing the statement of case?

Adding the name of the expert and the date of the report Signup and view all the answers

What is indicated about the relationship between causation, breach, and expert reports?

Expert insights are necessary for addressing issues of causation and breach Signup and view all the answers

What does the Commercial Court Guide suggest regarding expert reports?

They should not be attached or filed with the statement of case Signup and view all the answers

What is the first paragraph's purpose in the particulars of claim?

To establish the claimant's property ownership. Signup and view all the answers

What should paragraph 3 include in the particulars of claim?

The specific allegations of the defendant's negligence. Signup and view all the answers

How is the defendant expected to understand the allegations against him in the particulars of claim?

By the clear listing of particulars of negligence. Signup and view all the answers

What is noted about the evidence sources in relation to the allegations in the particulars of claim?

They are not stated at this stage of the process. Signup and view all the answers

Which statement accurately reflects what paragraph 4 addresses?

The specific details of the loss caused by negligence. Signup and view all the answers

What type of details are provided regarding damages in paragraph 5?

Only estimates when exact figures are unavailable. Signup and view all the answers

What is the focus of the accident reconstruction expert's report in the particulars of claim?

It helps to establish the standard of care breached. Signup and view all the answers

Which behavior of the defendant is specifically alleged in the particulars of claim?

Driving too fast and losing control. Signup and view all the answers

What must be included in the heading of any request?

The name of the court, the title and number of the claim Signup and view all the answers

What should be the format of the response to the request?

It must be in writing, dated, and signed Signup and view all the answers

How should the applicant include each request in their submission?

Each request should be set out in a separate numbered paragraph Signup and view all the answers

What must the response contain besides the same information as the request?

Details of the response itself Signup and view all the answers

If the applicant decides to place the request on the left-hand side, what must they do?

Serve two copies of the request on the respondent Signup and view all the answers

What is indicated by the presence of a statement of truth in the response?

The response is verified and truthful Signup and view all the answers

What must the claimant specify in their request related to a document?

The paragraph or words in that document Signup and view all the answers

What is a requirement for the response if it is made in letter form?

It must state that it is a response to the request Signup and view all the answers

What must a defendant include in their defence regarding allegations they deny?

The specific reasons for their denial. Signup and view all the answers

What is required if a defendant is unable to admit or deny an allegation?

They must request the claimant to provide proof of that allegation. Signup and view all the answers

How should the defence document be structured according to PD 5A?

It must include numbered paragraphs. Signup and view all the answers

What occurs if a defendant fails to deal with an allegation in their defence?

They will be taken to admit that allegation. Signup and view all the answers

What is a key guideline for drafting the content of a defence?

Be as brief and concise as possible. Signup and view all the answers

When a claim involves a money aspect, what must a defendant do regarding monetary allegations?

They are assumed to require proof unless they admit the allegation. Signup and view all the answers

What is the recommended method for addressing each allegation in the defence?

Answer each allegation point-by-point referencing the particulars of claim. Signup and view all the answers

Which of the following should be avoided when drafting a defence?

Including unrelated personal information. Signup and view all the answers

What is the primary purpose of a point-by-point response in defence?

To ensure every allegation is addressed individually Signup and view all the answers

What does a non-admission signify in the context of a defence?

A denial of the allegation due to lack of knowledge Signup and view all the answers

What does the Court of Appeal state about a defendant's obligations regarding knowledge?

A defendant can only address facts within their actual knowledge. Signup and view all the answers

In the case of a corporate defendant, how is its knowledge relevant to rule 16.5 interpreted?

It is considered the same as the knowledge of its officers and agents. Signup and view all the answers

Under which circumstance is a defendant considered unable to admit or deny an allegation?

When there is no ability to verify the facts even upon reasonable inquiry. Signup and view all the answers

What might constitute an undue delay or inconvenience for a defendant in verifying facts?

Accessing information stored in a secondary location Signup and view all the answers

In the context of allegations with multiple claims, how should the defence methodically respond?

By addressing each allegation within the paragraph individually Signup and view all the answers

Which legal case highlighted the obligations of defendants regarding knowledge to the Court of Appeal?

SPI North Ltd v Swiss Post International (UK) Ltd Signup and view all the answers

Study Notes

Chapter 7: Statements of Case

Statements of case are formal documents outlining the legal positions of the parties in a dispute.
They replaced "pleadings."
Statements of case are crucial for parties to understand the opposing case.
They're served between parties and filed in court.
A court will mostly not allow a party to pursue an issue not clearly stated in the Statement of Case.
The case of UK Learning Academy Ltd v Secretary of State for Education [2020] EWCA Civ 370 emphasizes the importance of statements of case identifying the issues for a fair trial.
Statements of case should be concise and plead only essential facts, not background information, reasoning, or rhetoric.
They provide the basis for the evidence and arguments presented at trial.

7.1 Introduction

Statements of case define the issues in dispute
They must be drafted carefully and reviewed as the case develops.
A poorly drafted statement of case or one missing information can hinder the case.
Key details of a breach of contract claim should be clearly stated in the particulars of claim.
This includes the parties' roles, the chronological story of the events, the breach's impact, and the financial damages.

7.1.1 Setting Parameters

Statements of case outline the parameters of the case and identify areas of dispute.
The need for lengthy particulars is reduced with witness statements and document disclosure.
The case of McPhilemy v Times Newspapers Limited [1999] 3 All ER 775 highlights this.
The five stages of litigation, mentioned in 1.3, are relevant to the role of statements of case at Stage 2.

7.1.2 Roles and Stages of Litigation

Statements of case are essential for guiding the case's direction through the five stages of litigation.
Detailed evidence is for Stage 3.

7.1.3 Formalities and Documents

Documents must be on A4 paper with margins, legible, securely bound, and consecutive page numbers.
Dates must be written numerically not as words.
Statements of case must be concise.
Evidence and arguments are not appropriate material in a statement of case.
Where a document is necessary, attach a copy.
Expert report attachments should be avoided unless explicitly permitted.

7.2 Contents of Particulars of Claim

Rule 16.4(1) requires a concise statement of the facts to demonstrate a valid claim.
Particulars of claim should include all necessary facts, including legal grounds and evidence.
Examples include cases involving breach of contract, recovery of land, hire purchase, and the Late Payment of Commercial Debts (Interest) Act 1998.

7.2.1 What Must Be Included?

A concise statement of facts the claimant relies on is crucial.
A claim based on a written agreement will need copies of the contract attached to the statement of case.
Legal, witness, and document information is permissible.

7.2.1.1 Purpose

A key function is to state concisely the facts supporting the claim.
The particulars of claim should mention all necessary details of the cause of action.
This includes the defendants' knowledge of material facts, such as whether their actions caused damage.

7.2.1.2 Claim Based on Written Contracts

Copies of the agreement attached are needed and original copies need to be available at the hearing.
Where relevant, general contract conditions should be attached.

7.2.1.3 Claim Based on Oral Contracts

Oral agreements should detail the contractual words used, by whom, when, and where.
This will also include pre-contract statements, such as oral promises.

7.2.1.4 Other Particular Matters

The particulars of claim should include specific details like allegations of fraud, illegality, misrepresentation, or breaches of trust.
Additional points include specific details, such as notice or knowledge of a fact, unsoundness of mind, undue influence, willful default.

7.2.1.5 Interest

Usually sought and the details need to be included in the particulars of claim.
It must specify whether the interest is based on a contract, a statute, or other basis.
Any associated percentages and dates must be included.

7.2.1.6 Example - County Court Debt Claim

Provides an example of a County Court claim for an unpaid debt.
This includes the value of the claim, and the amount of compensation/loss.

7.2.1.7 Example - High Court Claim for Breach of Contract

Shows a high court claim example regarding essential terms within a contract (Sale of Goods Act 1979 / 1982).
Includes examples of damage cases.

7.3 The Defence

The defence addresses each separate allegation in the particulars of claim.
The defence must either admit or deny each allegation.
If a fact is not known, the party must specify that they need more information.
The defendant's failure to address an allegation is considered an admission unless otherwise stated in the defence.
Counterclaims can be included in the defence.

7.3.1 Contents

Denial of the allegations, stating reasons if applicable, is a key part of the defence.
If alleging a different version of events, that must be stated explicitly.
The defendant must deal with all the allegations.

7.3.2 Admissions, Non-admissions, Denials, and Assertions

The defence must comprehensively respond to the particulars of claim.
Each allegation requires an admission, denial, or request for proof.
Denials must clearly state the reasons for denial.

7.3.3 Point-by-Point Response

The defence typically addresses each paragraph of the claimant's claim individually to provide clarity regarding each allegation.

7.3.4 Causation and Mitigation

The defendant may assert the plaintiff caused their own loss and any failure to mitigate losses.
Sufficient details of the allegations need to be stated, especially regarding the amount of loss or damage claimed or potential contributory negligence.

7.3.5 Defence of Limitation

Details of the limitations period for the claim should be included in the defence.

7.4 Reply to Defence

The claimant may file a reply if they need to address matters not included in the particulars of claim.
The case suggests that replies are usually associated with a counterclaim and the defendant.

7.5 The Role of Statements of Case

Statements of case define the issues that must be decided at trial.
By comparing the claimant's particulars of claim to the defendant's defence, the core issues in dispute become apparent.

7.6 Amendments to Statements of Case

Amendments are possible before or after service with permission.
The court decides if amendment is justified and avoids undermining fairness.

7.7 Requests for Further Information (Part 18)

A party may request further information from another party, if needed to clarify issues.
Requests should specifically concern matters in dispute.
A reasonable timeframe should be given for responses.
The response should mirror the details of the request with a statement of truth.

7.8 Summary - Drafting Particulars of Claim/Defence

Structuring the statement of case document, including the use of paragraphs, figures, etc.
The particulars should be concise and cover all material facts.
It should outline all necessary claims and defences, and also indicate the parties intentions.

7.9 Summary - Drafting a Defence

Outline the structure from the initial information and ensure details are included.
The defence must address each allegation in the particulars of claim.
Explain the reasons behind any denial.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz focuses on the key aspects of statements of case within the litigation process. Test your knowledge on their purpose, content guidelines, and the use of expert reports. Perfect for law students and legal practitioners looking to reinforce their understanding of litigation stages.