Statements of Case
CPR, Part 16—Statements of Case & PD 16 integrated
16.1, This Part DOES not apply where C uses Part 8 procedure (alternative procedure for
claims)
PD 16, Para 1, General
Where special provisions about statements of case are made by the rules & PDs
applying to particular types of proceedings, the provisions of Part 16 and this PD
apply only to the extent they are not inconsistent with those rules & PDs.
egs of types of proceedings with special provisions re statements of case, including:
o (1) defamation claims (Part 53)
o (2) possession claims (Part 55); and
o (3) probate claims (Part 57).
If exceptionally a statement of case exceeds 25 pages (excluding schedules) an
appropriate short summary must also be filed and served.
Claim Form
16.2, Contents of the claim form
(1) the claim form must:
o (a) contain a concise statement of the nature of the claim;
o (b) specify the remedy which C seeks;
o (c) where the C is making a claim for money, contain a statement of value (in
accordance with rule 16.3);
o (cc) where C’s only claim is for a specified sum, contain a statement of the
interest accrued on that sum;
o (d) contain such other matters as may be set out in a PD [[ see PD 16, Para
2 below, requirements eg addresses, full names, title of proceedings etc]].
(1A): in civil proceedings against the Crown, claim form must also contain:
o (a) the names of the gov departments & officers of the Crown concerned;
and
o (b) brief details of the circumstances in which it is alleged that the liability of
the Crown arose.
(2), if the particulars of claim specified in rule 16.4 [[content of the particulars of
claim]] are not contained in/served with, the claim form the C must state on the
claim form that the particulars of claim will follow.
(3) if the C is claiming in a representative capacity, the claim form must state what
that capacity is.
(4) if D is sued in a representative capacity, the claim form must state what that
capacity is.
(5) the court may grant any remedy to which the C is entitled, even if that remedy
is not specified on the claim form.
A claim form (and PoC if not included in claim form) must be verified by a
statement of truth (Part 22)).
, o (PD 7A): form of the statement of truth is as follows: “[I believe][the claimant
believes] that the facts stated in [this claim form] are true.”
PD 16, Para 2, The Claim form
Rule 16.2 refers to matters which the claim form must contain. Where claim is for
money, claim form must also contain statement of value in rule 16.3.
Claim form must include an address at which the CLAIMANT resides or carries on
business.
o This para applies even though C’s address for service is the business address
of his solicitor.
Where the DEFENDANT is an individual: the C should (if able to do so) include in
claim form an address at which the D resides or carries on his business.
o This para applies even though the D’s solicitors have agreed to accept
service on the D’s behalf.
Any ‘address’ which is provided for purposes of these provisions must include a
postcode or its equivalent in any EEA state (if applicable); unless the court orders
otherwise.
o Postcode info for UK may be obtained from royalmail.com or Royal mail
Address Management Guide.
If claim form does not show full address (including postcode) at which the C(s) and
D(s) reside or carry on business
o the claim form will be issued, but will be retained by the court and not
be served until the C has supplied a full address (including postcode), OR
until court has dispensed with the requirement to do so.
o The court will notify the C.
PD 16, 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:
o (a) in case of an individual: his:
(1) full, unabbreviated name
AND (2) title by which he is known;
o (b) [[sole traders] in the case of an individual carrying on business in a name
other than his own:
(1) the full unabbreviated name of the individual; AND
(2) the title by which he is known; AND
(3) the full trading name [[EG: John Smith ‘trading as’ or ‘T/as’ ‘JS
Autos’]].
o (c) for a partnership (other than a LLP (limited liability partnership))
(i) where partners are being sued in name of the partnership :
(1) the full name by which the partnership is known at date of
accrual of cause of action
AND (2) the words “(A Firm)”; OR
(ii) where partners are being sued as individuals, the
(1) full unabbreviated name of each partner
AND (2) the title by which he is known;
CPR, Part 16—Statements of Case & PD 16 integrated
16.1, This Part DOES not apply where C uses Part 8 procedure (alternative procedure for
claims)
PD 16, Para 1, General
Where special provisions about statements of case are made by the rules & PDs
applying to particular types of proceedings, the provisions of Part 16 and this PD
apply only to the extent they are not inconsistent with those rules & PDs.
egs of types of proceedings with special provisions re statements of case, including:
o (1) defamation claims (Part 53)
o (2) possession claims (Part 55); and
o (3) probate claims (Part 57).
If exceptionally a statement of case exceeds 25 pages (excluding schedules) an
appropriate short summary must also be filed and served.
Claim Form
16.2, Contents of the claim form
(1) the claim form must:
o (a) contain a concise statement of the nature of the claim;
o (b) specify the remedy which C seeks;
o (c) where the C is making a claim for money, contain a statement of value (in
accordance with rule 16.3);
o (cc) where C’s only claim is for a specified sum, contain a statement of the
interest accrued on that sum;
o (d) contain such other matters as may be set out in a PD [[ see PD 16, Para
2 below, requirements eg addresses, full names, title of proceedings etc]].
(1A): in civil proceedings against the Crown, claim form must also contain:
o (a) the names of the gov departments & officers of the Crown concerned;
and
o (b) brief details of the circumstances in which it is alleged that the liability of
the Crown arose.
(2), if the particulars of claim specified in rule 16.4 [[content of the particulars of
claim]] are not contained in/served with, the claim form the C must state on the
claim form that the particulars of claim will follow.
(3) if the C is claiming in a representative capacity, the claim form must state what
that capacity is.
(4) if D is sued in a representative capacity, the claim form must state what that
capacity is.
(5) the court may grant any remedy to which the C is entitled, even if that remedy
is not specified on the claim form.
A claim form (and PoC if not included in claim form) must be verified by a
statement of truth (Part 22)).
, o (PD 7A): form of the statement of truth is as follows: “[I believe][the claimant
believes] that the facts stated in [this claim form] are true.”
PD 16, Para 2, The Claim form
Rule 16.2 refers to matters which the claim form must contain. Where claim is for
money, claim form must also contain statement of value in rule 16.3.
Claim form must include an address at which the CLAIMANT resides or carries on
business.
o This para applies even though C’s address for service is the business address
of his solicitor.
Where the DEFENDANT is an individual: the C should (if able to do so) include in
claim form an address at which the D resides or carries on his business.
o This para applies even though the D’s solicitors have agreed to accept
service on the D’s behalf.
Any ‘address’ which is provided for purposes of these provisions must include a
postcode or its equivalent in any EEA state (if applicable); unless the court orders
otherwise.
o Postcode info for UK may be obtained from royalmail.com or Royal mail
Address Management Guide.
If claim form does not show full address (including postcode) at which the C(s) and
D(s) reside or carry on business
o the claim form will be issued, but will be retained by the court and not
be served until the C has supplied a full address (including postcode), OR
until court has dispensed with the requirement to do so.
o The court will notify the C.
PD 16, 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:
o (a) in case of an individual: his:
(1) full, unabbreviated name
AND (2) title by which he is known;
o (b) [[sole traders] in the case of an individual carrying on business in a name
other than his own:
(1) the full unabbreviated name of the individual; AND
(2) the title by which he is known; AND
(3) the full trading name [[EG: John Smith ‘trading as’ or ‘T/as’ ‘JS
Autos’]].
o (c) for a partnership (other than a LLP (limited liability partnership))
(i) where partners are being sued in name of the partnership :
(1) the full name by which the partnership is known at date of
accrual of cause of action
AND (2) the words “(A Firm)”; OR
(ii) where partners are being sued as individuals, the
(1) full unabbreviated name of each partner
AND (2) the title by which he is known;
