On the left column, you will find the general structure and the rules of what you need to add to your drafting and on the right column, you will find
an example drafting.
5A PD Sets out the prescribed format for all documents prepared for filing at court.
PARTICULARS OF CLAIM - DRAFTING
STRUCTURE EXAMPLE
IN THE [WHICH COURT] [CASE NUMBER] IN THE HIGH COURT OF JUSTICE 2020-HC-3334
[WHICH DIVISION IF APPLICABLE] QUEEN’S BENCH DIVISION
BETWEEN: BETWEEN:
[NAME OF CLAIMANT] AMY FOWLER
Claimant Claimant
and and
[NAME OF DEFENDANT] PETS LTD
Defendant
Defendant
7A PD 4.1 Sets out the prescribed form for headings for all Statements
of Case. _________________________________________________________
_________________________________________________________
PARTICULARS OF CLAIM
PARTICULARS OF CLAIM _________________________________________________________
_________________________________________________________
1. At all material times, the Claimant was a businesswoman and
1. At all material times, the Claimant was [set out Claimant’s role] the Defendant was a manufacturer of cat furniture.
and the Defendant was [set out Defendant’s role]. 2. By a contract dated 10 September 2020, the Defendant agreed
2. By a contract dated [date], the Claimant agreed to by 20,000 to deliver 10,000 Cat Beds (the ‘Goods’) by 25 October 2020 to
computer screens (the ‘Goods’) from the Defendant. A copy of the Claimant. A copy of the contract is attached to these
the contract is attached to these Particulars of Claim. Particulars of Claim.
3. It was an express term of the contract under Clause 3 that the
If goods were delivered as per the contract: Goods would be delivered on time, by 5 pm on 25 October
3. The Defendant delivered the Goods to the Claimant in 2020.
accordance with the terms of the contract. 4. In breach of Clause 3 of the Contract, the Defendant delivered
the Goods to the Defendant on 30 October 2020.
If an express term was breached – goods were delivered late: 5. The product launch took place on 1 November 2020, and as the
4. It was an express term of the contract under Clause 3 that the Goods were delivered on 30 October 2020, the Claimant was
Goods would be delivered on time, by [time and date]. not able to transport all of the Goods to the launch on time.
6. Due to the breach of the express term referred to in paragraph
If implied terms were breached: 3 above, the Claimant has suffered loss of sales of £200,000 and
5. It was an implied term of the contract that the Goods would be damage to its reputation.
of satisfactory quality. – mention this if the implied term that 7. The Claimant claims interest on the damages referred to in
the Goods were of satisfactory quality has been breached. paragraph 6 above pursuant to section 35A Senior Courts Act
6. In breach of the implied term referred to in paragraph 4 above, 1981 at such rate and for such period as the court thinks fit.
the Goods were not of satisfactory quality [setting out details
as per instructions].
7. In breach of the [implied or express] term referred to in
paragraph 5 above, the Claimant has suffered loss and damage
[setting out details as per instructions].
8. The Claimant claims interest on the damages referred to in
paragraph 6 above pursuant to section 35A Senior Courts Act
1981 at such rate and for such period as the court thinks fit.
AND THE CLAIMANT CLAIMS: AND THE CLAIMANT CLAIMS:
(i) Damages as referred to in paragraph 6 above (i) Damages as referred to in paragraph 7 above
(ii) Interest as referred to in paragraph 7 above (ii) Interest as referred to in paragraph 8 above
5A PD 2.1 LAW SOLICITORS LLP
[LAW FIRM OR BARRISTER
WHO DRAFTED THE DOC]
Statement of Truth Statement of Truth
If the Claimant is an individual: I believe that the facts stated in this Particulars of Claim are true.
I believe that the facts stated in this Particulars of Claim are true.
Signed: [signature]
If the Claimant is a company:
The Claimant believes that the facts stated in this Particulars of Claim
are true. I am duly authorized by the Claimant to sign this statement.
Signed: [signature] Signed: Amy Fowler
Served this [date] by [law firm that served the doc], [address of law Served this 17th day of November 2020 by Law Solicitors LLP, Penny
firm] House, 1 Howard Road, London, N23 8BK
Solicitors for the Claimant. Solicitors for the Claimant
Civil Litigation – Drafting guide | Page 1 of 6
, PARTICULARS OF CLAIM - EXPLANATION
Structure to look at Particulars of Claim: Contract:
1. Court + division Duty:
2. Claim number Implied terms:
3. Claimant + Defendant and their names s14(2) SGA 1979 Sale of goods,
4. Title – Particulars of Claim s14(3) SGA 1979 Fitness for purpose,
5. 1st paragraph: “At all material times the claimant” … sets out s13 SGA 1979 sale by description, should match the description
who the parties are s13 SGA 1982 reasonable care + skill
6. Contract should be attached for contract claims.
7. Statement of truth (2-types) Breach: E.g. Solicitor’s specialism? Would similarly qualified property
8. Drafter is confirmed on the right top corner of the Statement lawyers advise differently? Caveated advice?
of truth: solicitor/individual barrister
9. Prayer of relief: “AND THE CLAIMANT CLAIMS” Loss suffered:
i. Damages at para E.g. £5m loss for property, but damages recoverable = £5m premium.
ii. Interest at para Must be foreseeable not too remote.
Loss of reputation can be added here for extra marks. For example, loss
10. Interest (always claim for this, this is usually missing and if so, of reputation may be a figure which cannot be quantified in the
add wording) particulars of claim in which case the claimant should draft a paragraph
11. Essential elements of PoC (eg. breach, casuation) claiming this loss without seeking to quantify it.
Claim concurrent duties (sue for both tort and contract) and if Damages:
limitation period is tight, one claim might still fall within the period. • Contract claims: Put injured party in position had the contract
been properly performed. C must mitigate.
Cause of action - Structure: • Debts: it is a claim for a sum owed. No need to mitigate.
Keep this structure in mind when writing a Witness Statement. Make
sure to incorporate all the elements in the statement. Interest:
Interest – standard clause for interest on a damages claim in High Court
Duties: Basis: “pursuant to contract” or “pursuant to statute”
Para 1: Express term (express term of the retainer clause 5) Written,
Oral If statute:
“A copy of the contract is attached.” S35A senior Courts Act 1981 – High Court
s.69 County Courts Act 1984 – County Court
If there is an express term, you would plead the express term and then
‘further or in the alternative’ the implied term or tort. Prayer:
Finally, a summary of remedies sought (also known as the ‘Prayer’) is
Para 2: Implied term: required.
1. contract must be carried out with reasonable care and skill.
2. goods sold by description - goods must fit the description. For a specified claim where you know the amount you are claiming
3. goods must be of satisfactory quality for:
4. goods must be fit for a particular purpose Calculate a specific amount of interest to claim. You would not claim
under both contract and statute. Assuming there is no provision under
Para 3: Tortious duty the contract for interest, this will be calculated under statute. The
statutory rate of interest is 8% per annum.
Tort:
Duty: 7. The Claimant also claims interest pursuant to [clause A of the
Reasonably competent advice from reasonably competent solicitor. contract] [or] [section 35A Senior Courts Act 1981 (HC)] [or]
Sue lawyer in tort and the LLP for breach of contract (LLP has deeper [section 69 County Courts Act 1984] from the due date of the
pockets). invoice to today’s date at the rate of 8% per annum in the total
sum of £876.80. *** MEMORISE THIS. For extra marks, add the
Breach: E.g. Solicitor’s specialism? Would similarly qualified property calculations as done here.
lawyers advise differently? Caveated advice?
PARTICULARS OF INTEREST
Causation:
Normal wording is ‘As a result’ or ‘In reliance’. You should state what 8% of £[amount claimed] for the period A to B inclusive (C days at the
the loss is as a result of the breach. daily rate of £Y) = £X.
E.g. Did X rely on this advice? 8. Further, the Claimant claims interest as above from today’s
Eg. In reliance on that advice, we completed our purchase of the date until judgment or earlier payment at a daily rate of £X
property.
AND THE CLAIMANT CLAIMS:
What would X have done if advice was not given or was caveated? (i) the said sum of £200,000;
Eg. Had Bill been less categorical in his advice of 20 November 2020, (ii) interest under paragraph 7 to today’s date in the sum of
the Claimant would not have continued with the purchase. £876.80; and
(iii) further interest under paragraph 8 at a daily rate of £43.84 until
Loss suffered: E.g. £5m loss for property, but damages recoverable = judgment or earlier payment.
£5m premium. Must be foreseeable not too remote.
Damages: Put claimant in position had the tort not occurred. Be wary
of remote damages and contributory negligence.
Civil Litigation – Drafting guide | Page 2 of 6
