Summary Statements of Case

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

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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

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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