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.
For more information on:
- The Defence and Counterclaim and its contents
- Form of the Defence and Counterclaim
- How to write statements of case