Civil Procedure Rules: Part 16 - Statements of Case: Particulars of Claim, Study notes of Business

Download Civil Procedure Rules: Part 16 - Statements of Case: Particulars of Claim and more Study notes Business in PDF only on Docsity! PRACTICE DIRECTION 16 STATEMENTS OF CASE This Practice Direction supplements CPR Part 16 GENERAL 1.1 The provisions of Part 16 do not apply to claims in respect of which the Part 8 procedure is being used. 1.2 Where special provisions about statements of case are made by the rules and practice directions applying to particular types of proceedings, the provisions of Part 16 and of this practice direction apply only to the extent that they are not inconsistent with those rules and practice directions. 1.3 Examples of types of proceedings with special provisions about statements of case include – (1) defamation claims (Part 53); (2) possession claims (Part 55); and (3) probate claims (Part 57). 1.4 If exceptionally a statement of case exceeds 25 pages (excluding schedules) an appropriate short summary must also be filed and served. THE CLAIM FORM 2.1 Rule 16.2 refers to matters which the claim form must contain. Where the claim is for money, the claim form must also contain the statement of value referred to in rule 16.3. 2.2 The claim form must include an address at which the claimant resides or carries on business. This paragraph applies even though the claimant’s address for service is the business address of his solicitor. 2.3 Where the defendant is an individual, the claimant should (if he is able to do so) include in the claim form an address at which the defendant resides or carries on business. This paragraph applies even though the defendant’s solicitors have agreed to accept service on the defendant’s behalf. 2.4 Any address which is provided for the purpose of these provisions must include a postcode or its equivalent in any EEA state (if applicable), unless the court orders otherwise. Postcode information for the United Kingdom may be obtained from www.royalmail.com or the Royal Mail Address Management Guide. 2.5 If the claim form does not show a full address, including postcode, at which the claimant(s) and defendant(s) reside or carry on business, the claim form will be issued but will be retained by the court and will not be served until the claimant has supplied a full address, including postcode, or the court has dispensed with the requirement to do so. The court will notify the claimant. PRACTICE DIRECTION PART 16 CIVIL PROCEDURE RULES STATEMENTS OF CASE Part 16 page 1 PRACTICE DIRECTION APRIL 2011 P A R T 1 6 P R A C T IC E D IR E C T IO N 2.6 The claim form must be headed with the title of the proceedings, including the full name of each party. The full name means, in each case where it is known: (a) in the case of an individual, his full unabbreviated name and title by which he is known; (b) in the case of an individual carrying on business in a name other than his own name, the full unabbreviated name of the individual, together with the title by which he is known, and the full trading name (for example, John Smith ‘trading as’ or ‘T/as’ ‘JS Autos’); (c) in the case of a partnership (other than a limited liability partnership (LLP)) – (i) where partners are being sued in the name of the partnership, the full name by which the partnership is known, together with the words ‘(A Firm)’; or (ii) where partners are being sued as individuals, the full unabbreviated name of each partner and the title by which he is known; (d) in the case of a company or limited liability partnership registered in England and Wales, the full registered name, including suffix (plc, limited, LLP, etc), if any; (e) in the case of any other company or corporation, the full name by which it is known, including suffix where appropriate. (For information about how and where a claim may be started see Part 7 and Practice Direction 7A.) PARTICULARS OF CLAIM 3.1 If practicable, the particulars of claim should be set out in the claim form. 3.2 Where the claimant does not include the particulars of claim in the claim form, particulars of claim may be served separately: (1) either at the same time as the claim form, or (2) within 14 days after service of the claim form1 provided that the service of the particulars of claim is not later than 4 months from the date of issue of the claim form2 (or 6 months where the claim form is to be served out of the jurisdiction3). 3.3 If the particulars of claim are not included in or have not been served with the claim form, the claim form must also contain a statement that particulars of claim will follow4. 3.4 Particulars of claim which are not included in the claim form must be verified by a statement of truth, the form of which is as follows: ‘[I believe][the claimant believes] that the facts stated in these particulars of claim are true.’ 3.5 Attention is drawn to rule 32.14 which sets out the consequences of verifying a statement of case containing a false statement without an honest belief in its truth. 3.6 The full particulars of claim must include: (1) the matters set out in rule 16.4, and (2) where appropriate, the matters set out in practice directions relating to specific types of claims. 3.7 Attention is drawn to the provisions of rule 16.4(2) in respect of a claim for interest. 3.8 Particulars of claim served separately from the claim form must also contain: (1) the name of the court in which the claim is proceeding, (2) the claim number, (3) the title of the proceedings, and 1 See rule 7.4(1)(b). 2 See rules 7.4(2) and 7.5(1). 3 See rule 7.5(2). 4 See rule 16.2(2). CIVIL PROCEDURE RULES Part 16 page 2 STATEMENTS OF CASE Practice direction APRIL 2011 7.4 Where a claim is based upon an oral agreement, the particulars of claim should set out the contractual words used and state by whom, to whom, when and where they were spoken. 7.5 Where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done. 7.6 In a claim issued in the High Court relating to a Consumer Credit Agreement, the particulars of claim must contain a statement that the action is not one to which section 141 of the Consumer Credit Act 1974 applies. MATTERS WHICH MUST BE SPECIFICALLY SET OUT IN THE PARTICULARS OF CLAIM IF RELIED ON 8.1 A claimant who wishes to rely on evidence: (1) under section 11 of the Civil Evidence Act 1968 of a conviction of an offence, or (2) under section 12 of the above-mentioned Act of a finding or adjudication of adultery or paternity, must include in his particulars of claim a statement to that effect and give the following details: (1) the type of conviction, finding or adjudication and its date, (2) the court or Court-Martial which made the conviction, finding or adjudication, and (3) the issue in the claim to which it relates. 8.2 The claimant must specifically set out the following matters in his particulars of claim where he wishes to rely on them in support of his claim: (1) any allegation of fraud, (2) the fact of any illegality, (3) details of any misrepresentation, (4) details of all breaches of trust, (5) notice or knowledge of a fact, (6) details of unsoundness of mind or undue influence, (7) details of wilful default, and (8) any facts relating to mitigation of loss or damage. GENERAL 9.1 Where a claim is for a sum of money expressed in a foreign currency it must expressly state: (1) that the claim is for payment in a specified foreign currency, (2) why it is for payment in that currency, (3) the Sterling equivalent of the sum at the date of the claim, and (4) the source of the exchange rate relied on to calculate the Sterling equivalent. 9.2 A subsequent statement of case must not contradict or be inconsistent with an earlier one; for example a reply to a defence must not bring in a new claim. Where new matters have come to light the appropriate course may be to seek the court’s permission to amend the statement of case. 9.3 In clinical negligence claims, the words ‘clinical negligence’ should be inserted at the top of every statement of case. CIVIL PROCEDURE RULES STATEMENTS OF CASE Part 16 page 5 PRACTICE DIRECTION APRIL 2011 THE DEFENCE General 10.1 Rule 16.5 deals with the contents of the defence. 10.2 A defendant should deal with every allegation in accordance with rule 16.5(1) and (2). 10.3 Rule 16.5(3), (4) and (5) sets out the consequences of not dealing with an allegation. 10.4 Where the defendant is an individual, and the claim form does not contain an address at which he resides or carries on business, or contains an incorrect address, the defendant must provide such an address in the defence. 10.5 Where the defendant’s address for service is not where he resides or carries on business, he must still provide the address required by paragraph 10.4. 10.6 Any address which is provided for the purpose of these provisions must include a postcode, unless the court orders otherwise. Postcode information may be obtained from www.royalmail.com or the Royal Mail Address Management Guide. 10.7 Where a defendant to a claim or counterclaim is an individual, he must provide his date of birth (if known) in the acknowledgment of service, admission, defence, defence and counterclaim, reply or other response. Statement of truth 11.1 Part 22 requires a defence to be verified by a statement of truth. 11.2 The form of the statement of truth is as follows: ‘[I believe][the defendant believes] that the facts stated in the defence are true.’ 11.3 Attention is drawn to rule 32.14 which sets out the consequences of verifying a statement of case containing a false statement without an honest belief in its truth. MATTERS WHICH MUST BE INCLUDED IN THE DEFENCE Personal injury claims 12.1 Where the claim is for personal injuries and the claimant has attached a medical report in respect of his alleged injuries, the defendant should: (1) state in his defence whether he – (a) agrees, (b) disputes, or (c) neither agrees nor disputes but has no knowledge of, the matters contained in the medical report, (2) where he disputes any part of the medical report, give in his defence his reasons for doing so, and (3) where he has obtained his own medical report on which he intends to rely, attach it to his defence. CIVIL PROCEDURE RULES Part 16 page 6 STATEMENTS OF CASE Practice direction APRIL 2011 12.2 Where the claim is for personal injuries and the claimant has included a schedule of past and future expenses and losses, the defendant should include in or attach to his defence a counter- schedule stating: (1) which of those items he – (a) agrees, (b) disputes, or (c) neither agrees nor disputes but has no knowledge of, and (2) where any items are disputed, supplying alternative figures where appropriate. Other matters 13.1 The defendant must give details of the expiry of any relevant limitation period relied on. 13.2 Rule 37.3 and paragraph 2 of Practice Direction 37 contains information about a defence of tender. 13.3 A party may: (1) refer in his statement of case to any point of law on which his claim or defence, as the case may be, 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 considers is necessary to his claim or defence, as the case may be (including any expert’s report to be filed in accordance with Part 35). (The Costs Practice Direction supplementing Parts 43 to 48 contains details of the information required to be filed with certain statements of case to comply with rule 44.15 (providing information about funding arrangements)) COMPETITION ACT 1998 14 A party who wishes to rely on a finding of the Office of Fair Trading as provided by section 58 of the Competition Act 1998 must include in his statement of case a statement to that effect and identify the Office’s finding on which he seeks to rely. HUMAN RIGHTS 15.1 A party who seeks to rely on any provision of or right arising under the Human Rights Act 1998 or seeks a remedy available under that Act – (1) must state that fact in his statement of case; and (2) must in his statement of case – (a) give precise details of the Convention right which it is alleged has been infringed and details of the alleged infringement; (b) specify the relief sought; (c) state if the relief sought includes– (i) a declaration of incompatibility in accordance with section 4 of that Act, or (ii) damages in respect of a judicial act to which section 9(3) of that Act applies; (d) where the relief sought includes a declaration of incompatibility in accordance with section 4 of that Act, give precise details of the legislative provision alleged to be incompatible and details of the alleged incompatibility; (e) where the claim is founded on a finding of unlawfulness by another court or tribunal, give details of the finding; and CIVIL PROCEDURE RULES STATEMENTS OF CASE Part 16 page 7 PRACTICE DIRECTION APRIL 2011