BPP University College Of Professional Studies Limited (BPP)
Legal Practice Course
Civil Litigation
Summary
Summary Statements of Case
31 views 0 purchase
Course
Civil Litigation
Institution
BPP University College Of Professional Studies Limited (BPP)
Civil Litigation notes - BPP Law School - High Distinction Level notes!
In-depth and necessary notes.
I've done all the reading and made the notes so you don't have to!
I've set out the reading in a more manageable manner, with structure, colour codes and examples.
BPP University College Of Professional Studies Limited (BPP)
Legal Practice Course
Civil Litigation
All documents for this subject (28)
Seller
Follow
palomamenen
Reviews received
Content preview
Serving – Give to other side
Filing – file copy at court
Statements of Case-
Sets out the case you are putting – facts and factual allegations, no evidence at this point
Enable the parties & judge to work out what areas are in dispute
Main statements of case:
Claim form
PoC
Defence
Counterclaim
-
Rules governing Format of Statement of Case-
Form (5A PD 2 and 7A PD 4):
Every statement of case mist contain:
A heading
Numbered paragraphs
Pages numbered consecutively
All numbers and dates in figures
Reference in the margin to every document mentioned that has already been filed at court
Name of the person who drafted the document
Statement of truth
Heading (7A PD 4.1, 4.2):
Claim form and every other statement of case must be headed with the title of proceedings
Titles should clearly state:
The number of proceedings
The court/ division in which they are proceedings
Full name of each party
The party’s status in the proceeding
Statement of truth:
CPR 22
-
Content of Statement of Case-
Generally, it should set out:
Material facts & allegations necessary to establish the party’s case
o If not, liable to be struck out
, Sufficient background – enabling the reader to understand the factual basis of claim or
defence
--
Particulars of the claim-
CPR 16.4 - content of PoC
16 PD – 3.2 - Can be served on def in 3 ways
On claim form
With claim form as sep doc
14 days after claim form
If PoC served separately, must contain:
Heading
Claimants address for service
Statement of trust – CPR 22
Drafting the PoC-
Format – Content – Format
Format at TOP:
Top left hand corner
o Name of the court + Division
Top right hand corner
o Details of claim no/ (Will differ from court to court)
Name of claimant & Def
Name of Statement of Case – ie: ‘PoC’, ‘defence’
First paragraph – describe what the C and D’d profession/ business is
Format at END:
Name of firm/ counsel
Statement of Truth
o ‘I believe that the facts in these Particulars of Claim are true’ - C is an individual
o ‘The Claimant believed that the facts states in these Particulars of Claim are true. I
am duly authorised by the Claimant to sign this statement’ - C is company/ signature
by agent
Signature & address for service
-
Content- Material facts and allegations & Background facts
Duty
Breach
Causation
Loss
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller palomamenen. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $7.09. You're not tied to anything after your purchase.
