Full and in-depth notes on particulars of claims. A highly detailed understanding to the content, rules and formalities on particular of claims. The document breaks down each CPR you need to cover to answer a question on a particular of claim. This document is ideal as a 'cheat sheet' to MCQ's an...
TOPIC RULES AND DETAILS
PRACTISE
DIRECTIONS
General rule and PD’s to
mention on PofC’s
PofC and the claim form PD 16 para If practicable – PofC should be set out
3.1 in the claim form and served with the
claim for or later (see para 7.4 and
7.5)
When the PofC’s are PD 16 para If served separately from the claim
served separately 3.3 form, then the PofC’s must also
contain:
Name of the court where the
claim is proceeding
Claim number
Title of proceedings
Claimants address for service
Formalities PD 5A
Signing the statement of PD 5A para If drafted by a solicitor, all documents
case if drafted by a 2.1 for the statement of case should be
solicitor signed by the solicitor – if drafted by a
solicitor from a firm, the name of the
firm should be used to sign any
documents
Form of the documents PD 5A para Be on A4 paper and have a
2.2 margin no less than 3.5 cm wide
Be fully legible and should be
typed
Bound securely or each page be
numbered – and numbered
consecutively
Have numbered paras and
subparas
Have all number and dates
expressed as figures
Content of the Pof C PD 16 para
16.4
What the P of C must PD 16 para A concise statement of the facts
contain 16.4(1) C is relying on
If C is seeking interest – a
statement regarding this
Interest Part 16 C can seek interest:
r16.4(2) 1. In lines with a term in a contract
between the parties
2. If applicable - Late Payment of
Commercial Debts (Interest) Act
– if a contract does not provide
for interest.
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