Statements of case
There are two principle statements of case. These are Particulars of Claim and the Defence. It is a document in which the facts of the case are stated. Particulars of Claim are the Claimant’s statement of case and the Defence and Counterclaim are the Defendant’s statement of case. The main aim of the statements of case is to set out the facts on which the parties intend to rely in the proceedings. Statements of case help each party and the judge see the other parties’ position. Statements of case may refer to the relevant law but their primary aim is to set out facts into sufficient detail. The facts however must not be contradictory but must be clear and concise. A statement of case can also mention details of witnesses on whom he intends to rely upon.
Particulars of Claim and its contents
Particulars of claim represent Particulars of Claim are a part of a claim form. They are either served on the Defendant together with a claim form or are served separately and must follow within 14 days of serving the claim form. The rules on form and contents of a claim form are contained in Civil Procedure Rules Part 16. These state that the claim form itself must contain statement of the case, nature; it must specify the remedy and interest which is being sought. If the claim is for money statement of value must be included. If the particulars of claim are complex and extensive they will be contained on a separate document and they will contain the concise statement of facts, interest, whether the claimant is seeking damages and he must also specify on what basis he is claiming interest e.g. contract.
Form of Particulars of Claim
Particulars of Claim must contain a heading, numbered paragraphs, pages must be numbered, and numbers and dates must be in figures, the name of the person who drafted them. This will be your solicitor’s name or his firm’s name. Statement of truth must be at the end. By signing the statement of truth the person confirms that all facts stated in the document are true. The rules on the form are very specific and must be followed. E.g. the heading must contain the title of the proceedings, in which court they are taking place, full names of the parties, whether they are claimants or defendants and the number of proceedings. The statement of truth may be signed by the party or his legal representative.
The Defence and Counterclaim and its contents
Defence is the Defendant’s statement of case in which he will give response to the claim form and the Particulars of Claim. Defence must be filed at court and served on the Claimant no later than 14 days of the Particulars of the Claim. Time extends to 28 days if the acknowledgement of service has been filed. Defence will refer to each paragraph of the Particulars of the Claim and will indicate whether it approves it. In his Defence the Defendant must state which allegations stated on the Particulars of the Claim form he denies, which particulars he admits and which ones he is unable to admit or deny and therefore require the Claimant to prove. If the Defendant denies any of the allegations it must clearly state why and he must also state his version of facts if it differs from the one given by the Claimant. If there are any allegations with which the Defendant failed to deal, they will be deemed to be admitted. Any allegation relating to money will be required to be proven by the Claimant. The Defendant will then serve his Defence on the Claimant. The Claimant must then file a reply to Defence. If the Defendant wishes to claim new issues against the Claimant he should do it in a form of a counterclaim.
Form of the Defence and Counterclaim
Defence must include the heading, the defendant’s address, statement of defendant’s capacity and the statement of truth. The Defendant should deal with all the allegations otherwise he is deemed to admit them. The Defendant must deal with each allegation carefully and require the Claimant to prove those allegations which the Defendant is unable to admit. However in money claims if the defendant does not deal with this particular allegation, he is deemed to require proof of it.
How to write statements of case
Your solicitor will draft the statements of case. There is a prescribed form for them as described above. He will deal with the facts of your case and set them out in the statements of your case in specific parts which will deal with e.g. in a contract claim, a solicitor will set out the terms of the contract, the parties and their relationships, the terms of your contract upon which are intending to rely, breach of those terms, the way those breaches were caused and any losses that you suffered.