Civil Litigation notes - BPP Law School - High Distinction Level notes!
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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
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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
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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
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Content- Material facts and allegations & Background facts
Duty
Breach
Causation
Loss
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