PRACTICE DIRECTION 16 – STATEMENTS OF CASE
This practice direction supplements CPR Part 16
Contents of this Practice Direction
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.
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.
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.)
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 form1provided 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
(4) the claimant’s address for service.
4.1 The particulars of claim must contain:
(1) the claimant’s date of birth, and
(2) brief details of the claimant’s personal injuries.
4.2 The claimant must attach to his particulars of claim a schedule of details of any past and future expenses and losses which he claims.
4.3 Where the claimant is relying on the evidence of a medical practitioner the claimant must attach to or serve with his particulars of claim a report from a medical practitioner about the personal injuries which he alleges in his claim.
(1) In a soft tissue injury claim, the claimant may not proceed unless the medical report is a fixed cost medical report. Where the claimant files more than one medical report, the first report obtained must be a fixed cost medical report from an accredited medical expert selected via the MedCo Portal (website at: www.medco.org.uk) and any further report from an expert in any of the following disciplines must also be a fixed cost medical report:
(a) Consultant Orthopaedic Surgeon;
(b) Consultant in Accident and Emergency Medicine;
(c) General Practitioner registered with the General Medical Council;
(d) Physiotherapist registered with the Health and Care Professions Council.
(1A) The cost of obtaining a further report from an expert not listed in paragraph (1)(a) to (d) is not subject to rule 45.29(2A)(b), but the use of that expert and the cost must be justified.
(2) In this paragraph, ‘accredited medical expert’, ‘fixed costs medical report’, ‘MedCo’ and ‘soft tissue injury claim’ have the same meaning as in paragraph 1.1(A1), (10A), (12A), and (16A), respectively, of the RTA Protocol.
4.4 In a provisional damages claim the claimant must state in his particulars of claim:
(1) that he is seeking an award of provisional damages under either section 32A of the Senior Courts Act 1981 or section 51 of the County Courts Act 1984,
(2) that there is a chance that at some future time the claimant will develop some serious disease or suffer some serious deterioration in his physical or mental condition, and
(3) specify the disease or type of deterioration in respect of which an application may be made at a future date.
(Part 41 and Practice Direction 41A contain information about awards for provisional damages.)
5.1 In a fatal accident claim the claimant must state in his particulars of claim:
(1) that it is brought under the Fatal Accidents Act 1976,
(2) the dependants on whose behalf the claim is made,
(3) the date of birth of each dependant, and
(4) details of the nature of the dependency claim.
5.2 A fatal accident claim may include a claim for damages for bereavement.
5.3 In a fatal accident claim the claimant may also bring a claim under the Law Reform (Miscellaneous Provisions) Act 1934 on behalf of the estate of the deceased.
(For information on apportionment under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976 or between dependants see Part 37 and Practice Direction 37.)
6.1 Where the claim is for the delivery of goods let under a hire-purchase agreement or conditional sale agreement to a person other than a company or other corporation, the claimant must state in the particulars of claim:
(1) the date of the agreement,
(2) the parties to the agreement,
(3) the number or other identification of the agreement,
(4) where the claimant was not one of the original parties to the agreement, the means by which the rights and duties of the creditor passed to him,
(5) whether the agreement is a regulated agreement, and if it is not a regulated agreement, the reason why,
(6) the place where the agreement was signed by the defendant,
(7) the goods claimed,
(8) the total price of the goods,
(9) the paid-up sum,
(10) the unpaid balance of the total price,
(11) whether a default notice or a notice under section 76(1) or 98(1) of the Consumer Credit Act 1974 has been served on the defendant, and if it has, the date and method of service,
(12) the date when the right to demand delivery of the goods accrued,
(13) the amount (if any) claimed as an alternative to the delivery of goods, and
(14) the amount (if any) claimed in addition to –
(a) the delivery of the goods, or
(b) any claim under (13) above,
with the grounds of each claim.
(if the agreement is a regulated agreement the procedure set out in Practice Direction 7B should be used).
6.2 Where the claim is not for the delivery of goods, the claimant must state in his particulars of claim:
(1) the matters set out in paragraph 6.1(1) to (6) above,
(2) the goods let under the agreement,
(3) the amount of the total price,
(4) the paid-up sum,
(5) the amount (if any) claimed as being due and unpaid in respect of any instalment or instalments of the total price, and
(6) the nature and amount of any other claim and how it arises.
Hire of replacement motor vehicle following a road traffic accident
6.3 Where the claim includes the cost of hire of a replacement motor vehicle following a road traffic accident, the claimant must state in the particulars of claim—
(1) the need for the replacement vehicle at the relevant time;
(2) the period of hire claimed (providing the start and end of the period);
(3) the rate of hire claimed;
(4) the reasonableness of the period and rate of hire; and
(5) impecuniosity (if the claim relates to credit hire).
6.4 In paragraph 6.3—
(1) “relevant time” means at the start of the hire and throughout the period of hire;
(2) the obligation to state the matters there set out includes an obligation to state relevant facts.
7.1 Where a claim is made for an injunction or declaration in respect of or relating to any land or the possession, occupation, use or enjoyment of any land the particulars of claim must:
(1) state whether or not the injunction or declaration relates to residential premises, and
(2) identify the land (by reference to a plan where necessary).
7.2 Where a claim is brought to enforce a right to recover possession of goods the particulars of claim must contain a statement showing the value of the goods.
7.3 Where a claim is based upon a written agreement:
(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and
(2) any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents).
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.
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 a claim for mitigation expenditure.
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.
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.
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.
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 –
(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.
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 –
(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.
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).
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.
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
(f) where the claim is founded on a judicial act which is alleged to have infringed a Convention right of the party as provided by section 9 of the Human Rights Act 1998, the judicial act complained of and the court or tribunal which is alleged to have made it.
(Practice Direction 19A provides for notice to be given and parties joined in the circumstances referred to in (c), (d) and (f))
15.2 A party who seeks to amend his statement of case to include the matters referred to in paragraph 15.1 must, unless the court orders otherwise, do so as soon as possible.
(Part 17 provides for the amendment of a statement of case)