Unit 8 - Defences, default and relief READING PDF

[Defences, Default Judgment and Relief from Sanctions] To prepare for this unit you should:  1. Read CPR 10.1 -10.3; CPR 12.1 to 12.12; CPR 13.1 to 13.4 (including 13.3.1 -13.3.5); CPR 15.1 to 15.11; and CPR 16.1 to 16.8 2. Read CPR 3.9 and paragraphs 3.9.1-3.9.8 of the WB commentary.  3....

[Defences, Default Judgment and Relief from Sanctions] To prepare for this unit you should:  1. Read CPR 10.1 -10.3; CPR 12.1 to 12.12; CPR 13.1 to 13.4 (including 13.3.1 -13.3.5); CPR 15.1 to 15.11; and CPR 16.1 to 16.8 2. Read CPR 3.9 and paragraphs 3.9.1-3.9.8 of the WB commentary.  3. Read PD16, paragraphs 1-3, 4.1-4.4 and 7-15.  4. White Book Vol II: read s35A Senior Courts Act 1981 and s69 County Courts Act 1984 5. Read the headnote only in a reported version of *FXF v English Karate Foundation* \[2023\] EWCA Civ 891. 1. Read CPR 10.1 -10.3; CPR 12.1 to 12.12; CPR 13.1 to 13.4 (including 13.3.1 -13.3.5); CPR 15.1 to 15.11; and CPR 16.1 to 16.8 [CPR 10.1 -- Acknowledgment of Service ] (1) This Part deals with the filing of an acknowledgment of service. (2) Where the claimant uses the procedure set out in Part 8 (alternative procedure for claims) this Part applies subject to the modifications set out in rule 8.3. (3) A defendant must file an acknowledgment of service if--- (Part 11 sets out the procedure for disputing the court's jurisdiction.) [CPR 10.2 -- Consequence of not filing an acknowledgement of service ] If--- (a) a defendant fails to file an acknowledgment of service within the period specified in rule 10.3; **[and]** (b) does not within that period file a defence in accordance with Part 15 or serve or file an admission in accordance with Part 14, **the claimant may obtain default judgment** if Part 12 allows it. [CPR 10.3 -- The period for filing an acknowledgement of service ] (1) The general rule is that the period for filing an acknowledgment of service is--- (2) The general rule is subject to the following rules--- [CPR12.1 -- Meaning of 'Default Judgment'] In these Rules, "default judgment" means judgment without trial where a defendant---  [CPR12.2 -- Claims in which default judgment may not be obtained] A claimant may not obtain a default judgment--- (a) on a claim for delivery of goods subject to an agreement regulated by the Consumer Credit Act 1974; (b) where **they use the procedure set out in Part 8** (alternative procedure for claims); or (c) in any other case where a rule or practice direction says that the claimant may not obtain default judgment. [CPR12.3 -- Conditions to be satisfied] (1) The claimant may obtain judgment in default of an acknowledgment of service only if **at the date on which judgment is entered**--- (2) Judgment in default of defence (or any document intended to be a defence) may be obtained only--- (Rule 20.4 makes general provision for a defendant's counterclaim against a claimant, and rule 20.4(3) provides that Part 10 (acknowledgement of service) does not apply to a counterclaim made under that rule.) (3) The claimant may **not obtain a default judgment if** at the time the court is considering the issue--- (a) the defendant has applied--- (c)  (Part 14 sets out the procedure where a defendant admits a money claim and asks for time to pay.) (Rule 6.17 provides that, where the claim form is served by the claimant, the claimant may not obtain default judgment unless a certificate of service has been filed.) [CPR12.4 -- Procedure for obtaining default judgment] (1) Subject to paragraph (3), a claimant may obtain a default judgment by filing a request in the relevant practice form where the claim is for--- (2) Where the defendant is an individual, the claimant must provide the defendant's date of birth (if known) where required in the form. (3) The claimant must make an application in accordance with Part 23 if they wish to obtain a default judgment--- and where the defendant is an individual, the claimant must provide the defendant's date of birth (if known) in Part C of the application notice. (4) Where a claimant--- they may still obtain a default judgment by filing a request under paragraph (1). (5) In civil proceedings against the Crown, as defined in rule 66.1(2), a request for a default judgment must be considered by a Master or District Judge, who must in particular be satisfied that the claim form and particulars of claim have been properly served on the Crown in accordance with section 18 of the Crown Proceedings Act 1947 and rule 6.10. [CPR12.5 -- Nature of judgment where default judgment obtained by filing a request] (1) Where the claim is for a specified sum of money, the claimant may specify in a request filed under rule 12.4(1)--- (2) Except where paragraph (4) applies, a default judgment on a claim for a specified amount of money obtained on filing a request, will be judgment for the amount of the claim (less any payments made) and costs, to be paid--- (Interest may be included in a default judgment obtained by filing a request if the conditions set out in rule 12.7 are satisfied.) (3) Where the claim is for an unspecified amount of money a default judgment obtained on the filing of a request will be for an amount to be decided by the court together with costs. (4) Where the claim is for delivery of goods and the claim form gives the defendant the alternative of paying their value, a default judgment obtained on the filing of a request will be judgment requiring the defendant to--- (Rule 12.8 sets out the procedure for deciding the amount of a judgment or the value of the goods.) (5) The claimant's right to enter judgment requiring the defendant to deliver goods is subject to rule 40.14 (judgment in favour of certain part owners relating to the detention of goods). [CPR12.6 -- County Court money claims ] (1) If a claimant files a request for judgment in the County Court which includes an amount of money to be decided by the court in accordance with rules 12.4 and 12.5, the claim will be sent to the preferred hearing centre. (2) If a claim is sent to a preferred hearing centre under paragraph (1), any further correspondence should be sent to, and any further requests should be made at, the hearing centre to which the claim was sent. [CPR12.7 -- Interest] (1) A default judgment on a claim for a specified amount of money obtained on the filing of a request may include the amount of interest claimed to the date of judgment if--- (2) In any case where paragraph (1) does not apply, judgment will be for an amount of interest to be decided by the court. (Rule 12.8 sets out the procedure for deciding the amount of interest.) [CPR12.8 -- Procedure for deciding an amount or value] (1) This rule applies where the claimant obtains a default judgment on the filing of a request under rule 12.4(1) and judgment is for--- (2) **Where the court enters judgment it will---** [CPR12.9 -- Claim against more than one defendant] (1) A claimant may obtain a default judgment on request under this Part on a claim for money or a claim for delivery of goods against one of two or more defendants, and proceed with the claim against the other defendants. (2) Where a claimant applies for a default judgment against one of two or more defendants--- (3) A claimant may not enforce against one of two or more defendants any judgment obtained under this Part for possession of land or for delivery of goods unless--- (b) the court gives permission. [CPR12.10 -- Procedure for obtaining a default judgment for costs only] (1) Where a claimant wishes to obtain a default judgment for costs only--- (2) Where an application is made under this rule for costs only, judgment shall be for an amount to be decided by the court. (Part 45 sets out when a claimant is entitled to fixed costs. [CPR12.11 -- Default judgment obtained by making an application] The claimant must make an application in accordance with Part 23 where--- (a) the claim is--- [CPR12.12 -- Supplementary provisions where applications for default judgment are made] (1) Where the claimant makes an application for a default judgment, the court shall give such judgment as the claimant is entitled to on the statement of case. (2) Any evidence relied on by the claimant in support of their application need not be served on a party who has failed to file an acknowledgment of service. (3) An application for a default judgment on a claim **against a child or protected party or a claim in tort between spouses or civil partners** must be supported by evidence. (4) On an application against a child or protected party, a litigation friend must be appointed by the court to act on behalf of the child or protected party before judgment can be obtained. (5) An application for a default judgment may be made without notice if--- (6) Both on a request and on an application for default judgment the court must be satisfied that--- (7) On an application where the defendant was served with the claim either--- and the defendant has not acknowledged service, the evidence must establish that--- (8) Where an application is made against a State for a default judgment where the defendant has failed to file an acknowledgment of service--- the judgment or application notice (and the supporting evidence) may be served out of the jurisdiction without any further order; (Rule 23.1 defines "application notice".) (9) On an application against a State, the evidence must be way of affidavit and must--- (See rule 40.10 for when default judgment against a State takes effect.) (10) For the purposes of this rule and rule 12.11--- (a) "domicile" is to be determined--- (11) Where default judgment is given on a claim for a sum of money expressed in a foreign currency, the judgment should be for the amount of the foreign currency with the addition of "or the Sterling equivalent at the time of payment". (12) On an application for judgment for delivery up of goods where the defendant will not be given the alternative of paying their value, the evidence must identify the goods and state where the claimant believes the goods to be situated and why their specific delivery up is sought. [CPR 13 -- SETTING ASIDE OR VARYING DEFAULT JUDGMENT ] [CPR 13.1 -- Scope of this Part] The rules in this Part set out the procedure for setting aside or varying judgment entered under Part 12 (default judgment). [CPR 13.2 -- Cases where the court **must** set aside judgment entered under Part 12] The court must set aside (GL) a judgment entered under Part 12 if judgment was wrongly entered because--- [CPR 13.3 -- Cases where the court may set aside or vary judgment entered under Part 12 ] (1) In any other case, the court may set aside (GL) or vary a judgment entered under Part 12 if--- (2) In considering whether to set aside(GL) or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly. (Rule 3.1(3) provides that the court may attach conditions when it makes an order.) [Commentary 13.3.1 -- Effect of rule] [Rule 13.3](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=0111255346&pubNum=121175&originatingDoc=I4F3A7B8055AF11E797D3B1B628A5D84C&refType=UL&originationContext=document&transitionType=CommentaryUKLink&ppcid=5a64791070c844b0b3d775ed890c13af&contextData=(sc.Category)) deals with the setting aside of a regular judgment (contrast [r.13.2](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=0111255345&pubNum=121175&originatingDoc=I4F3A7B8055AF11E797D3B1B628A5D84C&refType=UL&originationContext=document&transitionType=CommentaryUKLink&ppcid=5a64791070c844b0b3d775ed890c13af&contextData=(sc.Category))---cases where the court must set aside). The use of the word "may" shows that the court has a discretion but must act in accordance with Pt 1 (the Overriding Objectives). The defendant applying to set aside the judgment must come within r.13.3(1)(a) or (b). It is not enough to show an "arguable" defence; the defendant must show that they have "a real prospect of successfully defending the claim". - It is essentially the same test as applied to summary judgment applications under Pt 24.  In ED&F Man Liquid Products Ltd v Patel \[2003\] EWCA Civ 472; \[2003\] All E.R. (D)75; \[2003\] C.P. Rep. 51, Potter LJ explained the distinction between the tests:  - "...the only significant difference between the provisions of CPR 24.2 and 13.3(1), is that under the former the overall burden of proof rests upon the claimant to establish that there are grounds for his belief that the respondent has no real prospect of success whereas, under the latter, the burden rests upon the defendant to satisfy the court that there is good reason why a judgment regularly obtained should be set aside.  The discretionary power to set aside is unconditional.  The major consideration on an application to set aside is whether the defendant has shown a real prospect of successfully defending the claim or some other good reason why judgment should be set aside or they should be allowed to defend the claim. The defendant is seeking to deprive the claimant of a regular judgment which the claimant has validly obtained in accordance with Pt 12: this is not something which the court will do lightly.  In De Ferranti v Execuzen Ltd \[2013\] EWCA Civ 592, the Court of Appeal held that the court may not decide not to set aside a judgment or order even if made at a hearing at which the applicant has not, but should have been, given notice. Where a condition with which a party is unable to comply is imposed on an order granting that party's application under r.13.3, the court's decision is tantamount to a refusal and, in effect, a final decision. In Samara v MBI & Partners UK Ltd \[2016\] EWHC 441 (QB), Cox J held that a decision made by a judge under r.13.3 was a final decision and could not be the subject of a second application to set aside judgment or a further challenge by reference to r.3.1(7). - The only way forward for a dissatisfied party is to either seek permission to bring a second appeal out of time under r.52.13, or to reopen the final appeal under r.52.17. [Commentary 13.3.2 -- Rule 13.3.(1)(b): 'some other good reason'] The failure to serve a response pack could potentially constitute "some other good reason" for the court to exercise its discretion to set judgment aside (Ahmet Erol v Global Fashion Links Ltd \[2014\] EWHC 4687 (IPEC)). There are differing decisions as to whether such failure was regarded, in the circumstances of the case, as sufficient for the court to exercise its discretion: see Gulf International Bank BSC v Ekttitab Holding Company KSCC \[2010\] EWHC B30 (Comm) and Henriksen v Pires \[2011\] EWCA Civ 1720. In S T Shipping & Transport Inc v Vyzantio Shipping Ltd (The "Byzantio") \[2004\] EWHC 3067 (Comm); \[2005\] 1 Lloyd's Rep. 531 (Judge Havelock-Allan QC), where a default judgment was set aside, the judge (1) found that the claimant's failure, after a delay of 18 months, to warn the defendant (D) that a claim form had been issued or to invite D to accept service of it, lulled D into believing that the claim was not being pursued or at least induced him to forget all about it, and (2) held that this was **a factor of some weight** to be taken into account by the court in determining whether there was "some other good reason" (within r.13.3(1)(b)(i)) for setting aside the default judgment (paras 24 and 32). [Commentary 13.3.3 -- Rule 13.3(2): 'need to act promptly'] [\ Rule 13.3(2)](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=0111255346&pubNum=121175&originatingDoc=I4F3A7B8055AF11E797D3B1B628A5D84C&refType=UL&originationContext=document&transitionType=CommentaryUKLink&ppcid=5a64791070c844b0b3d775ed890c13af&contextData=(sc.Category)) gives added emphasis to the need to act promptly in seeking to set aside. Indeed the need to comply with time-limits and generally to act promptly is a feature of the [CPR](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=0294884976&pubNum=121175&originatingDoc=I4F3A7B8055AF11E797D3B1B628A5D84C&refType=UL&originationContext=document&transitionType=CommentaryUKLink&ppcid=5a64791070c844b0b3d775ed890c13af&contextData=(sc.Category)). In applying to set aside the court has always considered delay and the reasons for it ([Evans v Bartlam \[1937\] A.C. 473](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=1937025136&pubNum=4651&originatingDoc=I4F3A7B8055AF11E797D3B1B628A5D84C&refType=UC&originationContext=document&transitionType=CommentaryUKLink&ppcid=5a64791070c844b0b3d775ed890c13af&contextData=(sc.Category))). Promptness will always be a factor of considerable significance and, if there has been a marked failure to make the application promptly, a court may well be justified in refusing relief, notwithstanding the possibility that the defendant may well succeed at trial. However, in certain cases the court may conclude that judgment may be set aside even where there has been excessive delay; see Barons Bridging Finance Plc v Nnadiekwe \[2012\] EWHC 2817 (Comm), where HH Judge Mackie QC allowed a defendant to set aside a judgment entered several years earlier, on the basis that: (i) There were very serious conflicts of evidence between the parties, and the defendant alleged that she was the victim of fraud. - Hussain v Birmingham City Council \[2005\] EWCA Civ 1570; 149 Sol Jo LB 1487; \[2005\] All E.R. (D.) 353 (Nov): defendants and Pt 20 defendants issued applications to set aside default judgments in the main action and the Pt 20 claim only a week before trial. The Court of Appeal allowed the defendant's appeal from the judge's order refusing to set the judgments aside. It was held, inter alia, that a judge's discretionary power was not to be exercised to punish a party for incompetence, but to further the overriding objective. - Cf. Nolan v Devonport \[2006\] EWHC 2025 (QB): a debtor who did nothing until the creditor sought to enforce the judgment, then applied to set aside, was refused permission to set aside, it being held that the debtor's conduct amounted to an abuse of process. An application to set aside must be supported by evidence (see r.13.4(3)). If a defendant has not acted promptly they would be well advised to address the reason for this in their witness statement or affidavit having regard to r.13.3(2). HH Judge Coulson held in Khan that the defendant had not acted promptly, which he described as being "*with all reasonable celerity in the circumstances*". In Standard Bank Plc v Agrinvest International Inc \[2009\] EWHC 1692 (Comm) Field J held that although promptness may not be the controlling factor under CPR r.13.3, it is plainly a very important factor, as is evident from the fact that it is singled-out in the rule as a matter to which the court must have regard. It is a very important factor because there is a strong public interest in the finality of litigation. [Commentary 13.3.4 -- Application to set aside judgment by a non party] In [Humber Work Boats Ltd v Owners of the Selby Paradigm \[2004\] EWHC 1804](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=2005391936&pubNum=6821&originatingDoc=I4F3A7B8055AF11E797D3B1B628A5D84C&refType=UC&originationContext=document&transitionType=CommentaryUKLink&ppcid=5a64791070c844b0b3d775ed890c13af&contextData=(sc.Category)) permission was granted to a non party, X, insurers of the defendant, to be joined as a second defendant under [r.19.2](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=0115391914&pubNum=121175&originatingDoc=I4F3A7B8055AF11E797D3B1B628A5D84C&refType=UL&originationContext=document&transitionType=CommentaryUKLink&ppcid=5a64791070c844b0b3d775ed890c13af&contextData=(sc.Category)), and to set aside the default judgment against the defendant under [r.13.3(1)](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=0111255346&pubNum=121175&originatingDoc=I4F3A7B8055AF11E797D3B1B628A5D84C&refType=UL&originationContext=document&transitionType=CommentaryUKLink&ppcid=5a64791070c844b0b3d775ed890c13af&contextData=(sc.Category)) or [r.61.9(5)](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=0281796740&pubNum=121175&originatingDoc=I4F3A7B8055AF11E797D3B1B628A5D84C&refType=UL&originationContext=document&transitionType=CommentaryUKLink&ppcid=5a64791070c844b0b3d775ed890c13af&contextData=(sc.Category)). - It was held that the default judgment was not a bar to the joinder of X and the question was whether D or X had a defence that had a real prospect of success. In [Latif v Imaan Inc \[2007\] EWHC 3179 (Ch)](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=2014773471&pubNum=6821&originatingDoc=I4F3A7B8055AF11E797D3B1B628A5D84C&refType=UC&originationContext=document&transitionType=CommentaryUKLink&ppcid=5a64791070c844b0b3d775ed890c13af&contextData=(sc.Category)) a third party was permitted to be joined to proceedings for the purpose of applying to set aside a default judgment, pursuant to [r.40.9](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=0111255627&pubNum=121175&originatingDoc=I4F3A7B8055AF11E797D3B1B628A5D84C&refType=UL&originationContext=document&transitionType=CommentaryUKLink&ppcid=5a64791070c844b0b3d775ed890c13af&contextData=(sc.Category)) (see Note at [40.9.5](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=0458569174&pubNum=228550&originatingDoc=I4F3A7B8055AF11E797D3B1B628A5D84C&refType=UB&fi=co_pp_sp_228550_6bac74a2-beec-470f-8f04-31cf8344c026&originationContext=document&transitionType=DocumentItem&ppcid=5a64791070c844b0b3d775ed890c13af&contextData=(sc.Category)#co_pp_sp_228550_6bac74a2-beec-470f-8f04-31cf8344c026)). Under [r.40.9](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=0111255627&pubNum=121175&originatingDoc=I4F3A7B8055AF11E797D3B1B628A5D84C&refType=UL&originationContext=document&transitionType=CommentaryUKLink&ppcid=5a64791070c844b0b3d775ed890c13af&contextData=(sc.Category)) a person who is not a party but who is "directly affected" by a judgment or order may apply to have it set aside.  [Commentary 13.3.5 -- Effects of court's approach following implementation of Jackson] Conflicting views as to whether an application under [r.13.3](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=0111255346&pubNum=121175&originatingDoc=I4F3A7B8055AF11E797D3B1B628A5D84C&refType=UL&originationContext=document&transitionType=CommentaryUKLink&ppcid=5a64791070c844b0b3d775ed890c13af&contextData=(sc.Category)) is an application "for relief from any sanction" within the meaning of [r.3.9](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=0375489011&pubNum=121175&originatingDoc=I4F3A7B8055AF11E797D3B1B628A5D84C&refType=UL&originationContext=document&transitionType=CommentaryUKLink&ppcid=5a64791070c844b0b3d775ed890c13af&contextData=(sc.Category)) thus engaging the three stage test laid down in [Denton v TH White Ltd](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=2033751050&pubNum=6448&originatingDoc=I4F3A7B8055AF11E797D3B1B628A5D84C&refType=UC&originationContext=document&transitionType=CommentaryUKLink&ppcid=5a64791070c844b0b3d775ed890c13af&contextData=(sc.Category)) or not have been finally resolved by the Court of Appeal in [FXF v English Karate Federation Ltd \[2023\] EWCA Civ 891](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=2075723843&pubNum=6448&originatingDoc=I4F3A7B8055AF11E797D3B1B628A5D84C&refType=UC&originationContext=document&transitionType=CommentaryUKLink&ppcid=5a64791070c844b0b3d775ed890c13af&contextData=(sc.Category)). - The Court of Appeal held that the [Denton](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=2033751050&pubNum=6448&originatingDoc=I4F3A7B8055AF11E797D3B1B628A5D84C&refType=UC&originationContext=document&transitionType=CommentaryUKLink&ppcid=5a64791070c844b0b3d775ed890c13af&contextData=(sc.Category)) criteria apply in their full rigor to applications under [r.13.3](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=0111255346&pubNum=121175&originatingDoc=I4F3A7B8055AF11E797D3B1B628A5D84C&refType=UL&originationContext=document&transitionType=CommentaryUKLink&ppcid=5a64791070c844b0b3d775ed890c13af&contextData=(sc.Category)). In applying the test the court should first consider the specific requirements under r.13.3. The court should then apply the three stage criteria in Denton as a key part of the exercise of its general discretion. - A central part of the exercise of its general discretion will be be whether the breach prevented the court or the parties from conducting the litigation efficiently and at proportionate cost, and the need to enforce compliance with rules and order. [CPR 13.4 -- Application to set aside or vary judgment - PROCEDURE] (1) Where--- in the High Court the court will transfer, or, in the County Court, the court officer will send, an application by a defendant under this Part to set aside (GL) or vary judgment **to the defendant's home court.** (1A) \[Omitted\] (1B) Where--- (2) Paragraph (1) does not apply where the claim was commenced in a specialist list. (3) An application under rule 13.3 (cases where the court may set aside (GL) or vary judgment) must be supported by evidence. (1C) If a claim is sent to a preferred hearing centre pursuant to paragraph (1B) any further correspondence should be sent to, and any further requests should be made at, the hearing centre to which the claim was sent. **[CPR 15 -- DEFENCE AND REPLY ]** [CPR 15.1 -- Part not to apply where claimant uses Part 8 Procedure] This Part does not apply where the claimant uses the procedure set out in Part 8. [CPR 15.2 -- Filing a Defence] A defendant who wishes to defend all or part of a claim must file a defence. [CPR 15.3 -- Consequences of not filing a defence] If a defendant fails to file a defence, the claimant may obtain default judgment if Part 12 allows it. [CPR 15.4 -- The period for filing a defence] (1) The general rule is that the period for filing a defence is--- (2) The general rule is subject to rules 3.4(7), 6.12(3), 6.35, 11 and 24.4(4). [CPR 15.5 -- Agreement extending the period for filing a defence] **(**1) The defendant and the claimant may agree to extend the period for filing a defence specified in rule 15.4 by up to 28 days. (2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing. [CPR 15.6 -- Service of a copy of the defence] A copy of the defence must be served on every other party. (Part 16 sets out what a defence must contain). [CPR 15.7 -- Making a Counterclaim] Part 20 applies to a defendant who wishes to make a counterclaim. Where a defendant serves a counterclaim the defence and counterclaim must, other than for good reason form one document with the counterclaim following the defence. [CPR 15.8 -- Reply to defence and defence to counterclaim] If a claimant files a reply to the defence--- [CPR 15.9 -- No statement of case after a reply to be filed without court's permission] A party may not file or serve any statement of case after a reply without the permission of the court. [CPR 15.10 -- Claimant's notice where defence is that money claimed has been paid] (1) Where--- the court will send notice to the claimant requiring the claimant to state in writing whether the claimant wishes the proceedings to continue. (2) A copy of the claimant's response must be served on the defendant at the same time as it is filed. (3) If the claimant fails to respond within 28 days after service of the court's notice the claim shall be stayed. (4) Any party may apply under Part 23 for the stay to be lifted. The application must include an explanation for the delay in proceeding with or responding to the claim. (5) If the claimant files a notice stating a wish that the proceedings should continue, the procedure set out in Part 26 shall apply. [CPR 15.11 -- Claim stayed if it is not defended or admitted] [ ] (1) Where--- **the claim shall be stayed.** (2) Any party may apply under Part 23 for the stay to be lifted. The application must include an explanation for the delay in proceeding with or responding to the claim. [CPR 16 -- STATEMENTS OF CASE] [CPR 16.1 -- Part not to apply where claimant uses Part 8 Procedure] This Part does not apply where the claimant uses the procedure set out in Part 8 (alternative procedure for claims) [CPR 16.2 -- Contents of the claim form] (1) The claim form must--- (1A1) In a claim to which Part 45 does not apply, no amount shall be entered on the claim form for the charges of the claimant\'s legal representative, but the words -- \'to be assessed\' shall be inserted. (1A) In civil proceedings against the Crown, as defined in rule 66.1(2), the claim form must also contain--- (2) If the particulars of claim specified in rule 16.4 are not contained in, or are not served with the claim form, the claimant must state on the claim form that the particulars of claim will follow. (3) If the claimant is claiming in a representative capacity, the claim form must state what that capacity is. (4) If the defendant is sued in a representative capacity, the claim form must state what that capacity is. (5) The court may grant any remedy to which the claimant is entitled, even if that remedy is not specified in the claim form. (Part 22 requires a claim form to be verified by a statement of truth.) [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--- (c) that the claimant cannot say how much is likely to be recovered. (3) Subject to paragraphs (3A) and (3AA), in a claim for personal injuries, the claimant must also state in the claim form whether the amount which they expect to recover as general damages for pain, suffering and loss of amenity is--- (3A) Where--- the claimant must state in the claim form whether the amount which they expect to recover as general damages for pain suffering and loss of amenity is--- (3AA) Where--- the claimant must 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--- (3B) "Road traffic accident" has the meaning ascribed to it by rule 26.9(3). (4) Where a tenant of residential premises, or a contract-holder of an occupation contract of a dwelling under section 7 of the Renting Homes (Wales) Act 2016, claims an order against a landlord requiring the landlord to carry out repairs or other work, the claimant must also state in the claim form--- (5) If the claim form is to be issued in the High Court it must, where this rule applies--- (6) When calculating how much the claimant expects to recover, the claimant must disregard any possibility--- (7) The statement of value in the claim form does not limit the power of the court to give judgment for an amount which it finds the claimant is entitled to. [CPR 16.4 -- Contents of the particulars of claim] (1) Particulars of claim must include--- (2) If the claimant is seeking interest they must--- (Part 22 requires particulars of claim to be verified by a statement of truth.) [CPR 16.5 -- Contents of a defence] (1) In the defence, the defendant must deal with every allegation in the particulars of claim, stating--- (2) Where the defendant denies an allegation--- (3) If a defendant--- the claimant is required to prove the allegation. (4) Where the claim includes a money claim, the claimant must prove any allegation relating to the amount of money claimed, unless the defendant expressly admits the allegation. (5) Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation. (6) If the defendant disputes the claimant's statement of value under rule 16.3 they must--- (7) If the defendant is defending in a representative capacity, they must state what that capacity is. (8) If the defendant has not filed an acknowledgment of service under Part 10, they must give an address for service. (Part 22 requires a defence to be verified by a statement of truth.) (Rule 6.23 makes provision in relation to addresses for service.) [CPR 16.6 -- Defence of Set-off] Where a defendant--- the contention may be included in the defence and set off against the claim, whether or not it is also an additional claim. [CPR 16.7 -- Reply to a defence] (1) If a claimant does not file a reply to the defence, the defendant must prove the matters raised in the defence. (2) If a claimant--- the defendant must prove that matter even though it is not dealt with in the reply. (Part 22 requires a reply to be verified by a statement of truth.) [CPR 16.8 -- Court's power to dispense with statements of case] If a claim form has been--- the court may make an order that the claim will continue without any other statement of case. 2. Read CPR 3.9 and paragraphs 3.9.1-3.9.8 of the WB commentary.  **[CPR 3.9 -- RELIEF FROM SANCTIONS]** (1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, the court will consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need--- (2) An application for relief must be supported by evidence. [Commentary 3.9.1 -- Effect of rule in general terms] This rule sets out the court's general discretion to give relief from any sanction imposed for failure to comply with any rule, practice direction or court order. The sanction imposed may be: - the entry of judgment against the defaulting party - or the loss of the right to call a witness - or the loss of a right to participate in a hearing etc. Rule 3.9 does not apply where the sanction imposed is an order for the payment of costs; in that instance the party in default may only obtain relief by appealing against the order for costs (r.3.8(2)). It should be noted that r.3.9 comes into play, not merely where a party has failed to comply with any rule, etc., but only where a sanction is imposed as a result of that failure.  [Commentary 3.9.2 -- Formulation of rule since April 2013] Under the new r.3.9(1) the court is required to consider "all the circumstances of the case, so as to enable it to deal justly with the application". Two circumstances are specifically mentioned (factor (a) the need for litigation to be conducted efficiently and at proportionate cost and factor (b) the need to enforce compliance with rules, practice directions and court orders). [Commentary 3.9.3 -- Summary of guidance given in ***Denton***] The guidance given in [Denton](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=2033751050&pubNum=6448&originatingDoc=I4E6424A031A911E89FBBB4885873D0FB&refType=UC&originationContext=document&transitionType=CommentaryUKLink&ppcid=e5b26634fbff41ca8282be18a32c7f18&contextData=(sc.Category)) may be summarised as follows: **a judge should address an application for relief from sanctions in three stages.** - The first stage is to identify and assess the seriousness and significance of the "failure to comply with any rule, practice direction or court order" which engages [r.3.9(1)](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=0375489011&pubNum=121175&originatingDoc=I4E6424A031A911E89FBBB4885873D0FB&refType=UL&originationContext=document&transitionType=CommentaryUKLink&ppcid=e5b26634fbff41ca8282be18a32c7f18&contextData=(sc.Category)). - If the breach is neither serious nor significant, the court is unlikely to need to spend much time on the second and third stages. - The second stage is to consider why the default occurred. - The third stage is to evaluate all the circumstances of the case, so as to enable the court to deal justly with the application including [r.3.9(1)(a)(b)](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=0375489011&pubNum=121175&originatingDoc=I4E6424A031A911E89FBBB4885873D0FB&refType=UL&originationContext=document&transitionType=CommentaryUKLink&ppcid=e5b26634fbff41ca8282be18a32c7f18&contextData=(sc.Category)). The court also gave guidance as to the importance of penalising parties who unreasonably oppose applications for relief from sanctions. [Commentary 3.9.4 -- **The first stage**: assess seriousness and significance of breach] The court said that it would be preferable if in future the focus of the enquiry at the first stage should not be on whether the breach has been trivial. Rather, it should be on whether the breach has been serious or significant. The court stated that in many circumstances whether or not a breach imperilled future hearing dates or otherwise disrupts the conduct of litigation (including litigation generally) would be the most useful measure of whether a breach has been serious or significant. However, the court added that there were breaches which are serious although they are incapable of affecting the efficient progress of the litigation: e.g. the failure to pay court fees. If a judge concludes that a breach is not serious or significant, then relief from sanctions will usually be granted and it will usually be unnecessary to spend much time on the second or third stages. If, however, the court decides that the breach is serious or significant, then the second and third stages assume greater importance. In Yeo v Times Newspapers Ltd \[2014\] EWHC 2853 (QB); \[2015\] 1 W.L.R. 971, at the pre-action stage, the claimant gave the defendants a notice of funding as required by para.9.3 of the PD, Pre-Action Conduct, then in force and the former r.44.15(1) (see Vol.2 para.7B-16) but failed to repeat that notice once proceedings were issued as was required by para.19.2 of the former Costs PD. - Relief from sanction was given: on the facts, Warby J held that the breach in this case was not a serious or practically significant one. Where applications for relief from sanctions are made in respect of two separate sanctions the court should consider each breach separately at the first stage but should consider both of them together at third stage (McTear v Englehard \[2016\] EWCA Civ 487; \[2016\] 4 W.L.R. 108; especially at \[33\], \[34\], \[41\] and \[42\]). [Commentary 3.9.5 -- **The second stage**: why the default occurred] The second stage is particularly important where the breach is serious or significant. The court declined to give any examples of good and bad reasons for a failure to comply with rules, practice directions or court orders. In Mitchell, the examples given were as follows: - the fact that the defaulting party or his solicitor suffered from a debilitating illness or was involved in an accident (\[41\]); - later developments in the course of the litigation process if they show that the period for compliance originally imposed was unreasonable, although the period seemed to be reasonable at the time and could not realistically have been the subject of an appeal (\[41\]) - "...good reasons are likely to arise from circumstances outside the control of the party in default..." (\[43\]). If some good reason is shown for the failure to comply with a rule, practice direction or order, the court will usually grant relief from any sanction imposed because of it. See, for example,  - Summit Navigation Ltd v Generali Romania Assigurare Reasigurare SA \[2014\] EWHC 398 (Comm); \[2014\] 1 W.L.R. 3472, at \[27\] - (failure to deliver an insurance bond in time caused by the difficulties encountered in getting the underwriter's signature to the bond);  - Cranford Community College v Cranford College Ltd \[2014\] EWHC 349 (IPEC), HH Judge Bacon, - (one of the defaulting party's key witnesses had been pre-occupied with caring for and visiting his very ill wife in hospital);  - Service Insurance Co Ltd v Beacon \[2014\] EWHC 2435 (QB), Andrews J, - (non-compliance with a consent order to issue a new claim form by 21 September 2013; although the claimant had delivered the new claim form to the court office in good time, the court office had not issued it until 25 September 2013, i.e. nine days after receipt and four days after the deadline; such a delay was outside the control of the claimant). [Commentary 3.9.6 -- **The third stage**: all the circumstances of the case, including r3.9(1)(a) and (b)] The Court of Appeal highlighted what had been an important misunderstanding of [Mitchell](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=2032093448&pubNum=6448&originatingDoc=I4E6424A031A911E89FBBB4885873D0FB&refType=UC&originationContext=document&transitionType=CommentaryUKLink&ppcid=e5b26634fbff41ca8282be18a32c7f18&contextData=(sc.Category)): it is wrong to assume that, if (i) there is a non-trivial (now serious or significant) breach and (ii) there is no good reason for the breach, the application for relief from sanctions will automatically fail. **That is not so**. [Rule 3.9(1)](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=0375489011&pubNum=121175&originatingDoc=I4E6424A031A911E89FBBB4885873D0FB&refType=UL&originationContext=document&transitionType=CommentaryUKLink&ppcid=e5b26634fbff41ca8282be18a32c7f18&contextData=(sc.Category)) requires that, in every case, the court will consider "all the circumstances of the case, so as to enable it to deal justly with the application". Two circumstances which are specifically mentioned in r.3.9 are \(a) the need for litigation to be conducted efficiently and at proportionate cost and \(b) the need to enforce compliance with rules, practice directions and court orders and are referred to in Denton as factors (a) and (b). The court stated that factor (a) makes it clear that the court must consider the effect of the breach in every case. If the breach has prevented the court or the parties from conducting the litigation (or other litigation) efficiently and at proportionate cost, that will be a factor weighing in favour of refusing relief. Factor (b) emphasises the importance of complying with rules, practice directions and orders. The court observed that this factor received insufficient attention in the past. However, the old lax culture of non-compliance is no longer tolerated. Other factors or circumstances mentioned in Denton are the need to consider whether the sanction imposed is proportionate to the breach in question (see the ruling given in Decadent Vapours Ltd v Bevan a case which was heard with Denton), whether the application for relief from sanctions was made promptly, and whether the defaulting party has a poor record as to compliance with proper court procedures: other past or current breaches of the rules, practice directions and court orders may also be taken into account as a relevant circumstance. The more serious or significant the breach the less likely it is that relief will be granted unless there is a good reason for it. Where there is a good reason for a serious or significant breach, relief is likely to be granted. Where the breach is not serious or significant, relief is also likely to be granted. - Relief has been granted even in respect of the breach of an unless order (as to which, see para.3.9.4) where the breach was neither serious nor significant (Utilise TDS Ltd v Davies \[2014\] EWHC 834 (Ch), a delay of only 45 minutes; Michael v Lillitos \[2019\] EWHC 2716 (QB); \[2019\] Costs L.R. 1615. In Depp v News Group Newspapers Ltd \[2020\] EWHC 1734 (QB) an order for disclosure was made against C shortly before the date fixed for the start of the trial. - Four days later, C was granted a two-day extension of the time limit for compliance. The extension order was in the unless form, stating that, if C failed to make the disclosure ordered, "the claim is struck out". - C made some disclosure within time but subsequently that disclosure was held to be incomplete. - C immediately completed the disclosure and applied for and was granted relief from sanction. - Nicol J held that the unless order had not been made because C had been recalcitrant but because the trial had been imminent and necessitated a tight timeline. - The breach was not deliberate but occurred because of the solicitors' erroneous view of the nature of the disclosure obligations. - Accordingly, although the breach was serious, there was scope for other considerations to play a more significant role in the assessment of what justice required. - The first of several considerations mentioned was that the claim was far advanced, the trial was imminent and, notwithstanding the breach, the trial would not be unfair. [Commentary 3.9.7 -- The importance of discouraging opportunism by the non-defaulting party] Rule 1.3 provides that "the parties are required to help the court to further the overriding objective". - Parties who opportunistically and unreasonably oppose applications for relief from sanctions take up court time and act in breach of this obligation. The court made it plain that it is wholly inappropriate for litigants or their lawyers to take advantage of mistakes made by opposing parties in the hope that relief from sanctions will be denied and that they will obtain a windfall strike out or other litigation advantage. In a case where (a) the failure can be seen to be neither serious nor significant, (b) where a good reason is demonstrated, or (c) where it is otherwise obvious that relief from sanctions is appropriate, parties should agree that relief from sanctions be granted without the need for further costs to be expended in satellite litigation. The parties should in any event be ready to agree limited but reasonable extensions of time up to 28 days as envisaged by the new r.3.8(4). The court will be more ready in the future to penalise opportunism. In R. (Idira) v The Secretary of State for the Home Department \[2015\] EWCA Civ 1187; \[2016\] 1 W.L.R. 1694, on the question of costs, Lord Dyson, MR, acknowledged that, in Denton, the court had said that parties should not "adopt an unco-operative attitude in unreasonably refusing to agree extensions of time and in unreasonably opposing applications for relief from sanctions" and that "it is unacceptable for a party to try to take advantage of a minor inadvertent error...".  [Commentary 3.9.8 -- Effect of Denton principles on applications to set aside default judgments] An application to set aside a default judgment under [CPR r.13.3](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=0111255346&pubNum=121175&originatingDoc=I4E6424A031A911E89FBBB4885873D0FB&refType=UL&originationContext=document&transitionType=CommentaryUKLink&ppcid=c510178b764c45cbb52deb6b95a26604&contextData=(sc.Category)) is an application for relief from sanction, and the three-stage test in [Denton](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=2033751050&pubNum=6448&originatingDoc=I4E6424A031A911E89FBBB4885873D0FB&refType=UC&originationContext=document&transitionType=CommentaryUKLink&ppcid=c510178b764c45cbb52deb6b95a26604&contextData=(sc.Category)) applies to such applications: [FXF v English Karate Federation Ltd \[2023\] EWCA Civ 891](https://uk.westlaw.com/Link/Document/FullText?findType=Y&serNum=2075723843&pubNum=6448&originatingDoc=I4E6424A031A911E89FBBB4885873D0FB&refType=UC&originationContext=document&transitionType=CommentaryUKLink&ppcid=c510178b764c45cbb52deb6b95a26604&contextData=(sc.Category)). 3. Read PD16, paragraphs 1-3, 4.1-4.4 and 7-15.  [PRACTICE DIRECTION 16 -- STATEMENTS OF CASE] 1.1 - 16PD.1  Where special provisions about statements of case apply to particular types of proceedings, Part 16 and this practice direction only apply in so far as consistent with those rules and practice directions. 1.2 Examples of proceedings with special provisions about statements of case include---  1.3 If a statement of case exceptionally exceeds 25 pages (excluding schedules) it must include an appropriate short summary at the start. [The claim form] 2.1 - 16PD.2  The claim form must include an address (including the postcode) at which the claimant lives or carries on business, even if the claimant's address for service is the business address of their solicitor. 2.2 Where the defendant is an individual, the claimant should (if able to do so) include in the claim form an address (including the postcode) at which the defendant lives or carries on business, even if the defendant's solicitors have agreed to accept service on the defendant's behalf. 2.3 If the claim form does not include a full address, including postcode, for all parties the claim form will be issued but retained by the court and not served until the claimant has supplied a full address, including postcode, or the court has dispensed with the requirement to do so. The court will notify the claimant. 2.4 The claim form must be headed with the title of the proceedings, including the full name of each party, where it is known---  1. for an individual, the full name and title by which the person is known; 2. for an individual carrying on business other than in their own name, the full name of the individual, the title by which they are known, and the full trading name (for example, Jane Smith "trading as" or "T/as" "JS Autos"); 3. for a partnership (other than a limited liability partnership (LLP))---  a. where partners are sued in the name of the partnership, the full name by which the 4. for a company or limited liability partnership registered in England and Wales, the full registered name, including suffix (plc, Limited, LLP, etc), if any; 5. for any other company or corporation, the full name by which it is known, including suffix where appropriate. (For information about how and where a claim may be started see Part 7 and Practice Direction 7A.) **[Particulars of claim]** 3.1 - 16PD.3  If practicable, the particulars of claim should be set out in the claim form. If not, they may be served with the claim form or later, within the periods specified in rule 7.4 and 7.5. 3.2 Particulars of claim which are not included in the claim form must be verified by a statement of truth, in the form specified in paragraph 2.1 of Practice Direction 22. 3.3 Particulars of claim served separately from the claim form must also contain---  \(1) the name of the court in which the claim is proceeding; \(2) the claim number; \(3) the title of the proceedings; and \(4) the claimant's address for service. **[Matters which must be included in the particulars of claim in certain types of claim]** **[Personal injury claims]** 4.1 - 16PD.4  The particulars of claim must contain--- (1)the claimant's date of birth; and (2)brief details of the claimant's personal injuries. 4.2 The claimant must attach to his particulars of claim a schedule of details of any past and future expenses and losses which he claims. 4.3 Where the claimant is relying on evidence from a medical practitioner, the claimant must attach a report from the medical practitioner about the claimant's personal injuries. **4.3A** 1. In a soft tissue injury claim, the claimant may not proceed unless the medical report is a fixed cost medical report. Where the claimant files more than one medical report, the first report obtained must be a fixed cost medical report from an accredited medical expert selected via the MedCo Portal (website at: www.medco.org.ukOpens in a new window) and any further report from an expert in any of the following disciplines must also be a fixed cost medical report--- (1A) The cost of obtaining a further report from an expert not listed in paragraph (1)(a) to (d) is not subject to rule 45.62(2)(b), but the use of that expert and the cost must be justified. 4.3B \(1) In a claim for a whiplash injury, whether or not it is part of a claim for other injuries---  \(2) Where the claimant obtains a medical report in respect of a more serious injury suffered on the same occasion as the whiplash injury, the claimant may use that report instead of a fixed costs medical report under paragraph (1) provided that---  \(3) Unless paragraph (1)(c) applies, in any other case where the claimant lives outside England and Wales, the medical report in respect of the claim for the whiplash injury (or, if there is more than one report, the first report) must be from a person who is recognised by the country in which they practise as---  \(4) The cost of obtaining a further report from an expert not listed in paragraph (4)(a) to (d) is not subject to rule 45.62(2)(b), but the use of that expert and the cost must be justified. **4.4** In a provisional damages claim the claimant must state in the particulars of claim---  \(1) that they are seeking an award of provisional damages under either section 32A of the Senior Courts Act 1981 or section 51 of the County Courts Act 1984; \(2) that there is a chance that at some future time the claimant will develop some serious disease or suffer some serious deterioration in their physical or mental condition; and \(3) specify the disease or type of deterioration in respect of which an application may be made at a future date. (Part 41 and Practice Direction 41A contain information about awards for provisional damages.) **[Other matters to be included in particulars of claim]** 7.1- 16PD.7  Where a claim is made for an injunction or declaration relating to any land or the possession, occupation, use or enjoyment of any land the particulars of claim must---  1. state whether or not the injunction or declaration relates to residential premises, and \(2) identify the land (using a plan where necessary). 7.2 Where a claim is brought to enforce a right to recover possession of goods the particulars of claim must contain a statement showing the value of the goods. 7.3 Where a claim is based upon a written agreement---  1. a copy (or copies) of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and 2. any general conditions of sale incorporated in the contract should also be attached (but where the documents are bulky it is acceptable to attach or serve only the relevant parts of the contract or documents). 7.4 Where a claim is based upon an oral agreement, the particulars of claim should set out the contractual words used and state by whom, to whom, when and where they were spoken. 7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done. 7.6 In a claim issued in the High Court relating to a Consumer Credit Agreement, the particulars of claim must contain a statement that the action is not one to which section 141 of the Consumer Credit Act 1974 applies. **[Matters which must be specifically set out in the particulars of claim]** **8.1 - 16PD.8 ** A claimant who wishes to rely on evidence---  1. under section 11 of the Civil Evidence Act 1968 of a conviction of an offence, or 2. under section 12 of the above-mentioned Act of a finding or adjudication of adultery or paternity, must include in the particulars of claim a statement to that effect and give the following details---  \(a) the type of conviction, finding or adjudication and its date; \(b) the court or Court-Martial which made the conviction, finding or adjudication; and \(c) the issue in the claim to which it relates. 8.2 The claimant must specifically set out the following matters in the particulars of claim where they wish to rely on them in support of the claim---  \(1) any allegation of fraud; \(2) the fact of any illegality; \(3) details of any misrepresentation; \(4) details of all breaches of trust; \(5) notice or knowledge of a fact; \(6) details of unsoundness of mind or undue influence; \(7) details of wilful default; and \(8) any facts relating to a claim for mitigation expenditure. **[General]** **9.1 - 16PD.9 ** Where a claim is for a sum of money expressed in a foreign currency it must state---  \(1) that the claim is for payment in a specified foreign currency, \(2) why it is for payment in that currency, \(3) the Sterling equivalent of the sum at the date of the claim, and \(4) the source of the exchange rate relied on to calculate the Sterling equivalent. 9.2 A subsequent statement of case must not contradict or be inconsistent with an earlier one; for example a reply to a defence must not bring in a new claim. **Where new matters have come to light a party may seek the court's permission to amend their statement of case.** 9.3 In clinical negligence claims, the words "clinical negligence" should be inserted at the top of every statement of case. **[Statement of truth]** **10.1 - 16PD.10 ** The defence must be verified by a statement of truth in the form specified in paragraph 2.1 of Practice Direction 22. **[Matters which must be included in the defence]** **[Personal injury claims]** 11.1 - 16PD.11  Where the claim is for personal injuries and the claimant has attached a medical report in respect of the alleged injuries, the defendant should---  \(1) state in the defence whether the defendant---  \(a) agrees; \(b) disputes; or \(c) neither agrees nor disputes but has no knowledge of, the matters contained in the medical report; \(2) where the defendant disputes any part of the medical report, give in the defence their reasons for doing so; and \(3) where the defendant has obtained their own medical report, attach it to the defence. 11.2 Where the claim is for personal injuries and the claimant has included a schedule of past and future expenses and losses, the defendant should include in or attach to the defence a counter-schedule stating---  1. which of those items the defendant---  \(a) agrees; \(b) disputes; or \(c) neither agrees nor disputes but has no knowledge of; and 2. where any items are disputed, supplying alternative figures where appropriate. 11.3 The defendant must give details of the expiry of any relevant limitation period relied on. **[Other matters]** **12.1 - 16PD.12 ** Rule 37.3 and paragraph 2 of Practice Direction 37 contains information about a defence of tender. 12.2 A party may in a statement of case---  1. refer to any point of law; 2. give the name of any witness they propose to call, and may attach to it a copy of any document necessary to their case (including any expert's report under Part 35). **[Competition Act 1998]** **13 - 16PD.13 ** A party who relies on a finding of the Competition and Markets Authority must include in the statement of case a statement to that effect and identify the finding. **[Human Rights]** **14.1 - 16PD.14 ** A party who relies on any provision of or right arising under the Human Rights Act 1998 or seeks a remedy under that Act must state that fact in their statement of case, and must---  \(a) give details of the Convention right infringed and details of the infringement; \(b) specify the relief sought; \(c) state if the relief sought includes---  i. a declaration of incompatibility under section 4 if that Act, or \(ii) damages in respect of a judicial act to which section 9(3) of that Act applies; \(d) where the relief sought includes a declaration of incompatibility, give details of the legislative provision and the alleged incompatibility; \(e) where the claim is founded on a finding of unlawfulness by another court or tribunal, give details of the finding; and \(f) where the claim is founded on a judicial act alleged to have infringed a Convention right of the party as provided by section 9 of the Human Rights Act 1998, the judicial act complained of and the court or tribunal that made it. (Practice Direction 19A provides for notice to be given and parties joined in the circumstances referred to in (c), (d) and (f).) 14.2 A party seeking to amend a statement of case to include the matters referred to in paragraph 14.1 must, unless the court orders otherwise, do so as soon as possible. (Part 17 provides for the amendment of a statement of case.) 4. White Book Vol II: read s35A Senior Courts Act 1981 and s69 County Courts Act 1984 **[S35A Senior Court Act 1981 -- Power of High Court to award interest on debts and damages.]** \(1) Subject to rules of court, in proceedings (whenever instituted) before the High Court for the recovery of a debt or damages there may be included in any sum for which judgment is given simple interest, at such rate as the court thinks fit or as rules of court may provide, on all or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the period between the date when the cause of action arose and--- (2)) In relation to a judgment given for damages for personal injuries or death which exceed £200 subsection (1) shall have effect--- \(3) Subject to rules of court, where--- the defendant shall be liable to pay the plaintiff simple interest at such rate as the court thinks fit or as rules of court may provide on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment. \(4) Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs. \(5) Without prejudice to the generality of section 84, rules of court may provide for a rate of interest by reference to the rate specified in section 17 of the Judgments Act 1838 as that section has effect from time to time or by reference to a rate for which any other enactment provides. \(6) Interest under this section may be calculated at different rates in respect of different periods. \(7) In this section "plaintiff" means the person seeking the debt or damages and "defendant" means the person from whom the plaintiff seeks the debt or damages and "personal injuries" includes any disease and any impairment of a person's physical or mental condition. \(8) Nothing in this section affects the damages recoverable for the dishonour of a bill of exchange.\] **[S69 County Courts Act 1984 - Power to award interest on debts and damages]** \(1) Subject to \[[F1](https://www.legislation.gov.uk/ukpga/1984/28/section/69#commentary-c4405751)rules of court\], in proceedings (whenever instituted) before \[[F2](https://www.legislation.gov.uk/ukpga/1984/28/section/69#commentary-key-971a4049e38f94ce52ff72aa04702e6d)the county court\] for the recovery of a debt or damages there may be included in any sum for which judgment is given simple interest, at such rate as the court thinks fit or as may be prescribed, on all or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the period between the date when the cause of action arose and--- (2)In relation to a judgment given for damages for personal injuries or death which exceed £200 subsection (1) shall have effect--- 3. Subject to \[[F1](https://www.legislation.gov.uk/ukpga/1984/28/section/69#commentary-c4405751)rules of court\], where--- The defendant shall be liable to pay the plaintiff simple interest, at such rate as the court thinks fit or as may be prescribed, on all or any part of the debt for all or any part of the period between the date when the cause of action arose and the date of the payment. (4)Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs. (5)Interest under this section may be calculated at different rates in respect of different periods. (6)In this section "plaintiff" means the person seeking the debt or damages and "defendant" means the person from whom the plaintiff seeks the debt or damages and "personal injuries" includes any disease and any impairment of a person's physical or mental condition. \(7) Nothing in this section affects the damages recoverable for the dishonour of a bill of exchange. \[[F3](https://www.legislation.gov.uk/ukpga/1984/28/section/69#commentary-c4405771) (8) In determining whether the amount of any debt or damages exceeds that prescribed by or under any enactment, no account shall be taken of any interest payable by virtue of this section except where express provision to the contrary is made by or under that or any other enactment.\] 1. Read the headnote only in a reported version of *FXF v English Karate Foundation* \[2023\] EWCA Civ 891.