PART 16 - STATEMENTS OF CASE
|Part not to apply where claimant uses Part 8 procedure||Rule 16.1|
|Contents of the claim form||Rule 16.2|
|Statement of value to be included in the claim form||Rule 16.3|
|Contents of the particulars of claim||Rule 16.4|
|Content of defence||Rule 16.5|
|Defence of set-off||Rule 16.6|
|Reply to defence||Rule 16.7|
|Court’s power to dispense with statements of case||Rule 16.8|
Part not to apply where claimant uses Part 8 procedure
This Part does not apply where the claimant uses the procedure set out in Part 8 (alternative procedure for claims).
Contents of the claim form
(1) The claim form must –
(a) contain a concise statement of the nature of the claim;
(b) specify the remedy which the claimant seeks;
(c) where the claimant is making a claim for money, contain a statement of value in accordance with rule 16.3;
(cc) where the claimant’s only claim is for a specified sum, contain a statement of the interest accrued on that sum; and
(d) contain such other matters as may be set out in a practice direction.
(1A) In civil proceedings against the Crown, as defined in rule 66.1(2), the claim form must also contain –
(a) the names of the government departments and officers of the Crown concerned; and
(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 are not contained in, or are not served with the claim form, the claimant must state on the claim form that the particulars of claim will follow.
(3) If the claimant is claiming in a representative capacity, the claim form must state what that capacity is.
(4) If the defendant 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 claimant is entitled even if that remedy is not specified in the claim form.
(Part 22 requires a claim form to be verified by a statement of truth)
(The Costs Practice Direction sets out the information about a funding arrangement to be provided with the statement of case where the defendant intends to seek to recover an additional liability)
(‘Funding arrangement’ and ‘additional liability’ are defined in rule 43.2)
Statement of value to be included in the claim form
(1) This rule applies where the claimant is making a claim for money.
(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; or
(c) that the claimant cannot say how much is likely to be recovered.
(3) In a claim for personal injuries, the claimant must also state in the claim form whether the amount which the claimant expects to recover as general damages for pain, suffering and loss of amenity is –
(a) not more than £1,000; or
(b) more than £1,000.
(4) In a claim which includes a claim by a tenant of residential premises against a landlord where the tenant is seeking an order requiring the landlord to carry out repairs or other work to the premises, the claimant must also state in the claim form –
(a) whether the estimated costs of those repairs or other work is –
(i) not more than £1,000; or
(ii) more than £1,000; and
(5) If the claim form is to be issued in the High Court it must, where this rule applies –
(b) state that some other enactment provides that the claim may be commenced only in the High Court and specify that enactment;
(c) if the claim is a claim for personal injuries state that the claimant expects to recover £50,000 or more; or
(d) state that the claim is to be in one of the specialist High Court lists and state which list.
(6) When calculating how much the claimant expects to recover, the claimant must disregard any possibility –
(b) that the court may make a finding of contributory negligence;
(c) that the defendant may make a counterclaim or that the defence may include a set-off; or
(d) that the defendant may be liable to pay an amount of money which the court awards to the claimant to the Secretary of State for Social Security under section 6 of the Social Security (Recovery of Benefits) Act 1997 1.
Contents of the particulars of claim
(1) Particulars of claim must include –
(a) a concise statement of the facts on which the claimant relies;
(b) if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);
(d) if the claimant is seeking provisional damages, a statement to that effect and his grounds for claiming them; and
(e) such other matters as may be set out in a practice direction.
(2) If the claimant is seeking interest he must –
(a) state whether he is doing so –
(i) under the terms of a contract;
(ii) under an enactment and if so which; or
(iii) on some other basis and if so what that basis is; and
(b) if the claim is for a specified amount of money, state –
(i) the percentage rate at which interest is claimed;
(ii) the date from which it is claimed;
(iii) the date to which it is calculated, which must not be later than the date on which the claim form is issued;
(iv) the total amount of interest claimed to the date of calculation; and
(v) the daily rate at which interest accrues after that date.
(Part 22 requires particulars of claim to be verified by a statement of truth)
Content of defence
(1) In his defence, the defendant must state –
(a) which of the allegations in the particulars of claim he denies;
(b) which allegations he is unable to admit or deny, but which he requires the claimant to prove; and
(c) which allegations he admits.
(2) Where the defendant denies an allegation –
(a) he must state his reasons for doing so; and
(b) if he intends to put forward a different version of events from that given by the claimant, he must state his own version.
(3) A defendant who –
(a) fails to deal with an allegation; but
(b) has set out in his defence the nature of his case in relation to the issue to which that allegation is relevant,
shall be taken to require that allegation to be proved.
(4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation.
(5) Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.
(6) If the defendant disputes the claimant’s statement of value under rule 16.3 he must –
(a) state why he disputes it; and
(b) if he is able, give his own statement of the value of the claim.
(7) If the defendant is defending in a representative capacity, he must state what that capacity is.
(8) If the defendant has not filed an acknowledgment of service under Part 10, the defendant must give an address for service.
(Part 22 requires a defence to be verified by a statement of truth)
(Rule 6.23 makes provision in relation to addresses for service.)
Defence of set-off
Reply to defence
(1) A claimant who does not file a reply to the defence shall not be taken to admit the matters raised in the defence.
(2) A claimant who –
(a) files a reply to a defence; but
(b) fails to deal with a matter raised in the defence, shall be taken to require that matter to be proved.
(Part 22 requires a reply to be verified by a statement of truth)