Summary
Summary Workshop 3- Dispute Resolution (civil) LPC notes
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- LPC
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- University Of Law (ULaw)
Workshop 3- Dispute Resolution (civil) LPC notes full time
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Workshop 3 – Statements of case, service of documents and judgment in defaultPARTICULARS OF CLAIM – Pg 95
See exemplars
Examples in textbook:
o Negligence – 419
o Breach of contract – specified claim 101 (contained in CF), unspecified claim 102
POC are a statement of case
Primary function is to state concisely the facts upon which the claimant relies
The rules relating to statements of case are contained in Part 16 CPR and accompanying PD
CPR 3.1 provides if practicable, the POC should be set out in the CF.
CPR 3.2. where the claimant does not include the POC in the CF, the POC may be served
separately:
o Either at the same time as the CF; or
o Within 14 days after service of the CF (provided this is within 4 months of the date of issue of
the CF)
CPR 3.3 if POC are not included in the CF or have been served with the CF, the CF must contain a
statement that POC will follow
CPR 3.4 POC which are not included in the CF must be verified by a statement of truth
‘[I believe] [the claimant believes] that the facts stated in these particulars of claim are true’
Referring to the Law, witnesses and attaching documents
PD 16 para 13.3 a party may:
1. Refer in his statement of care to any point of law on which his claim or defence is based;
2. Give in his statement of case the name of any witness he proposes to call and;
3. Attach to or serve with this statement of case a copy of any document which he considered is
necessary to his claim or defence, as the case may be (incl expert reports)
As a general rule, there is no need to state any law
The material facts should establish the relevant legal basis for the claim or defence
Can attach documents which he considered necessary but should only be done where the doc is of
critical importance and necessary for a proper understanding of the statement of case
An experts report should only be attached if the court has already given permission for the party to
rely on that expert report (which is unlikely at this stage)
Formalities
PD 5A, para 2.2 every document prepared by a party for filing or use at court must:
o Be on a4 paper which a margin not less than 3.5cm wide;
o Be fully legible and should normally be typed;
o Where possible be bound securely in a manner which would not hamper filing, or otherwise
each page should be enforced with the case number;
o Have the pages numbered consecutively;
o Be divided into numbered paragraphs;
o Have all numbered, including dates, expressed as figures; and (correct way to express a
date is 17 May 2018)
o Give in the margins the reference of every document mentioned that has already been filed
PD 7A, para 4.1 the CF and every statement of case must be headed with the title of the
proceedings. The title should state:
o The number of the proceedings
o The court or division in which they are proceeding
o The full name of each party
o Each party’s status in the proceedings (i.e. Claimant/Defendant)
PD 5A, para 2.1 – where a statement of case is prepared by a solicitor, the document should be
signed in the name of the firm
, Workshop 3 – Statements of case, service of documents and judgment in default
Principles in the Queen’s Bench Guide, para 6.7.4 should be followed (pg 98)
Professional Conduct
Outcome 5.1 of the SRA provides that a solicitor must never deceive or knowingly, or recklessly
mislead the court
IB 5.7 this includes not drafting a statement of case that contains either:
o Any contention which the solicitor should not consider to be properly arguable; or
o Any allegation of fraud, unless the solicitor is instructed to do so and he has material which
he reasonably believed establishes on the face of it, a case of fraud
Contents
Rule 16.4(1) CPR states that the POC must include:
a. A concise statement of the facts on which the claimant relies;
b. If the claimant is seeking interest, a statement to that effect and the details set out in
para 2.
For claims based on written contract, PD 16 para 7.3 provides:
o A copy of the contract must be attached to the particulars of claim and the originals made
available for the hearing; and
o Any general conditions of sale incorporated in the contract should also be attached.
For claims based on oral contract, PD 16 para 7.4 provides:
o The POC should set out the contractual words used and state by whom, to whom, when and
there they were spoken.
Structing POC
Breach of Contract Misrepresentation
Title of the proceedings Title of the proceedings
Briefly set the scene: Briefly set the scene:
o Status of the parties o Status of parties
o Details of the contract o Details of the contract
Written o Express terms of the contract
Oral o Performance by C and D
o Express
General Negligence and implied terms of the contract Negligent Misstatement
o Performance by C and D Particulars of Misrepresentation
Titleo ofAllege
the proceedings
breach Title of the proceedings
Set out the misrepresentation made
Briefly set the scene Briefly set the scene
Inducement
o Whatofhappened
Particulars breach Duty of care
Entered into contract
o Where o Assumption of responsibility
Set out what terms of the contract were Any rescission
o How o Reliance on the advice
breached and how Allege damage and loss
Duty of care o In the circs, the D owed the D a duty to
Allege consequences
o D owed a duty of care at common law to C exercise
Particulars all reasonable
of damage and loss care and skill to be
Set out the consequences of the breaches
to take reasonable care expected of an experienced, skilled and
Allege damage and loss Obligation by D[name
to payofCprofession]
contract price
Performance by D competent
Damages in the alternative
Details of the statement/advice given
Allege negligence
Particulars of damage and loss
Claim interest
Reliance by C
Particulars
Set out of details
Negligence
of loss and damage And the
Allege claimant claims
negligence
Claim interest Statement of truth
Set outthe
And how the D was
claimant negligent
claims Particulars
Address of Negligence
for service
Allege consequences
Statement of truth
Set out thefor
consequences of the D negligence Set out how D was negligent
Address service
Allege damage and loss Allege consequences
Allege damage and loss
Particulars of Damage and Loss
Particulars of Damage and Loss
Set out details of damage and loss
Interest Set out details of damage and loss
And the claimant claims Interest
Statement of truth And the claimant claims
Address for service Statement of truth
Address for service
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