What are Statements of Case?
These are formal documents used during litigation. These documents provide details and information what each party has about the case. The Civil Procedure Rules defines these documents to be, the claim form, particulars of claim, defence, counterclaim, additional claim under Part 20, reply to defence and further evidence.
Statement of Case is the first document which is served between both the parties. After this document, the claimant serves the particulars of claim followed by a defence which is served by the defendant and then most likely a reply from the claimant. Most importantly, these documents are read by the judge. Hence they have to be well drafted.
What is the purpose of Statements of Case?
There are two main reasons or purposes to serve the statements of case. The first purpose is to inform the other side of the case that they have a trial and the second purpose is to inform the other party of the contentions that will be put forward by the other parties so that the trial judge can understand what the issue is between the parties.
Particulars of Claim
A particulars of claim is a document which defines what facts the claimant needs to prove to establish the cause of action. It must be noted that the facts set out are material facts of the claim. Hence these are the facts which aroused the dispute. Moreover this document should also contain facts which are important as a matter of law for the cause of action on which the case is based. In addition in this document the claimant should also write the remedies they seek from the court. Furthermore it should also include full details of any interest claimed, including the period, rate and the authority for claiming it.
The particulars of claim is served with the claim form or within fourteen days of service of the claim form.
For more information on:
- Reply or Defence to Counterclaim
- Statement of Truth
- Striking out Statement of Case