Statements of Case
What are statements of case?
Statements of case include:
• Claim forms
• Particulars of claim
• Defences
• Counterclaims
• Replies
But not:
Witness evidence (of fact)
Expert evidence
Statements of case: formalities
Civil Procedure Rules and Practice Directions:
PD 5A
CPR 7, PD 7A (Claim form; particulars of claim)
CPR 15, PD 15 (Defences; replies)
CPR 16, PD 16
CPR 20, PD 20 (Counterclaims)
CPR 45
CPR 22, PD 22 (Statements of truth)
Claim form: specified / unspecified claims
• No formal definitions
• Specified claim: typically for a precise amount of money due to the claimant as of
right
o Example: contractual debt claim
• Unspecified claim: typically for an amount of money the precise size of which will be
decided by the court
o Example: claim for damages
• If a claim is partly specified and partly unspecified, can treat the whole claim as being
unspecified
CPR 16.3
(2) The claimant must, in the claim form, state –
(a) the amount of money claimed.
(b) that the claimant expects to recover –
(i) not more than £10,000.
(ii) more than £10,000 but not more than £25,000; or
(iii) more than £25,000 [“£100,000” if issuing in HC]; or
(c) that the claimant cannot say how much is likely to be recovered. […]
(6) […] the claimant must disregard any possibility –
(a) that the court may make an award of –
(i) interest;
(ii) costs
, Statement of Value Examples
• Unspecified claim for £120,000
o “The claimant expects to recover more than £25,000” [CC]
o “The claimant expects to recover more than £100,000” [HC]
• Specified claim for £120,000; contract term provides for 10% interest per annum;
interest has run for 100 days up to issue of claim form
o “The Claimant’s claim is for £123,288. This comprises £120,000 owed by the
defendant plus £3,288 contractual interest”
Part 45
fixed costs
• Relevant only to certain types of claim
o Most pertinent: specified claims
• If they apply, enter Part 45 costs on claim form
o “legal representative’s costs”
• Payable only in certain circumstances
o Defendant admits liability
o Claimant obtains summary judgment
o Claimant obtains judgment in default
• Where to find:
o Costs on commencement: “Table 1”
o Costs on entry of judgment: “Table 2”
Court documents - general formalities
Practice Direction 5A, para 2
Documents drafted by a legal representative should bear his / her signature; and if drafted
as a member / employee of a firm, be signed in the name of the firm
Documents prepared for filing / use at court must:
Be on A4 paper, with a 3.5 cm margin
Be fully legible (normally typed)
Be bound securely
Have pages numbered consecutively
Be divided into numbered paragraphs
Have all numbers, including dates, expressed as figures
Practice Direction 7A, para 4.1
The claim form and every other statement of case must be headed with the title of the
proceedings.
The title should state:
- The number of proceedings,
- The court or Division in which they are proceeding,
- The full name of each party,
What are statements of case?
Statements of case include:
• Claim forms
• Particulars of claim
• Defences
• Counterclaims
• Replies
But not:
Witness evidence (of fact)
Expert evidence
Statements of case: formalities
Civil Procedure Rules and Practice Directions:
PD 5A
CPR 7, PD 7A (Claim form; particulars of claim)
CPR 15, PD 15 (Defences; replies)
CPR 16, PD 16
CPR 20, PD 20 (Counterclaims)
CPR 45
CPR 22, PD 22 (Statements of truth)
Claim form: specified / unspecified claims
• No formal definitions
• Specified claim: typically for a precise amount of money due to the claimant as of
right
o Example: contractual debt claim
• Unspecified claim: typically for an amount of money the precise size of which will be
decided by the court
o Example: claim for damages
• If a claim is partly specified and partly unspecified, can treat the whole claim as being
unspecified
CPR 16.3
(2) The claimant must, in the claim form, state –
(a) the amount of money claimed.
(b) that the claimant expects to recover –
(i) not more than £10,000.
(ii) more than £10,000 but not more than £25,000; or
(iii) more than £25,000 [“£100,000” if issuing in HC]; or
(c) that the claimant cannot say how much is likely to be recovered. […]
(6) […] the claimant must disregard any possibility –
(a) that the court may make an award of –
(i) interest;
(ii) costs
, Statement of Value Examples
• Unspecified claim for £120,000
o “The claimant expects to recover more than £25,000” [CC]
o “The claimant expects to recover more than £100,000” [HC]
• Specified claim for £120,000; contract term provides for 10% interest per annum;
interest has run for 100 days up to issue of claim form
o “The Claimant’s claim is for £123,288. This comprises £120,000 owed by the
defendant plus £3,288 contractual interest”
Part 45
fixed costs
• Relevant only to certain types of claim
o Most pertinent: specified claims
• If they apply, enter Part 45 costs on claim form
o “legal representative’s costs”
• Payable only in certain circumstances
o Defendant admits liability
o Claimant obtains summary judgment
o Claimant obtains judgment in default
• Where to find:
o Costs on commencement: “Table 1”
o Costs on entry of judgment: “Table 2”
Court documents - general formalities
Practice Direction 5A, para 2
Documents drafted by a legal representative should bear his / her signature; and if drafted
as a member / employee of a firm, be signed in the name of the firm
Documents prepared for filing / use at court must:
Be on A4 paper, with a 3.5 cm margin
Be fully legible (normally typed)
Be bound securely
Have pages numbered consecutively
Be divided into numbered paragraphs
Have all numbers, including dates, expressed as figures
Practice Direction 7A, para 4.1
The claim form and every other statement of case must be headed with the title of the
proceedings.
The title should state:
- The number of proceedings,
- The court or Division in which they are proceeding,
- The full name of each party,
