Summary
Summary Civil Litigation - Statements of case
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1. claim forms and particulars of claim 2. acknowledgement of service, defences, replies, counterclaims
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Syllabus 8: Statements of case[CPR 16.1-16.2, 16.3(1)-(3) and (5)-(7), 16.4; PD 16 paragraphs 1.1-3.2, 4.1-4.3and 7-9; and
section 35A Senior Courts Act 1981 and section 69 County Courts Act 1984, at paragraphs
9A-122 and 9A-554 of Volume 2 of 'Civil Procedure' (the White Book) 2023]
Part 16 does not apply where claimant uses Part 8 (alternative procedure for claims).
CPR 16.2 Contents of claim form
CPR16.3 Statement of value
When calculating how much the claimant
expects to recover the claimant must
disregard any possibility that the court may
make a reward of interest/costs, that the
court may make a finding of contributory
negligence, that the defendant may make a
counterclaim or that the defence may
include a set-off or that the defendant may
be liable to pay direct to the SOS part of any
award of money made by the court to the
claimant against the defendant.
The statement of value in the claim form
does not limit the power of the claimant
against the defendant.
CPR 16.4 Contents of POC
[CPR 10.1-10.3; CPR 16.5-16.8; CPR 15.1-15.11; and PD16 paragraphs 9-12]
CPR 10.1 Acknowledgment of service (AOS):
A defendant must serve acknowledgement
of service if they are unable to file a defence
within the period specified in rule 15.4 (14
days); or
They wish to dispute the court’s
jurisdiction.
CPR 10.3 Period for filing AOS:
- 14 days after service of the POC or
service of the claim form.
CPR 10.2 Consequence of not filing an AOS:
Claimant may obtain default judgment if
Part 12 allows it.
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