PRACTICE DIRECTION 16 – STATEMENTS OF CASE

This practice direction supplements CPR Part 16

Contents of this Practice Direction

TitleNumber
GeneralPara 1
The claim formPara 2
Particulars of claimPara. 3
Matters which must be included in the particulars of claim in certain types of claim 
Personal injury claimsPara. 4
Fatal accident claimsPara. 5
Hire purchase claimsPara. 6.1
Hire of replacement motor vehicle following a road traffic accidentPara. 6.3
Other matters to be included in particulars of claimPara 7.1
Matters which must be specifically set out in the particulars of claimPara. 8
GeneralPara. 9
Statement of truthPara. 10.1
Matters which must be included in the defence 
Personal injury claimsPara. 11.1
Other mattersPara. 12.1
Competition Act 1998Para 13
Human rightsPara 14

General

1.1 Where special provisions about statements of case apply to particular types of proceedings, Part 16 and this practice direction only apply in so far as consistent with those rules and practice directions.

1.2 Examples of proceedings with special provisions about statements of case include—

(1) media and communications claims (Part 53 and Practice Direction 53B);

(2) possession claims (Part 55); and

(3) probate claims (Part 57).

1.3 If a statement of case exceptionally exceeds 25 pages (excluding schedules) it must include an appropriate short summary at the start.

The claim form

2.1 The claim form must include an address (including the postcode) at which the claimant lives or carries on business, even if the claimant’s address for service is the business address of their solicitor.

2.2 Where the defendant is an individual, the claimant should (if able to do so) include in the claim form an address (including the postcode) at which the defendant lives or carries on business, even if the defendant’s solicitors have agreed to accept service on the defendant’s behalf.

2.3 If the claim form does not include a full address, including postcode, for all parties the claim form will be issued but retained by the court and not 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.

2.4 The claim form must be headed with the title of the proceedings, including the full name of each party, where it is known –

(1) for an individual, the full name and title by which the person is known;

(2) for an individual carrying on business other than in their own name, the full name of the individual, the title by which they are known, and the full trading name (for example, Jane Smith ‘trading as’ or ‘T/as’ ‘JS Autos’);

(3) for a partnership (other than a limited liability partnership (LLP))—

(a) where partners are sued in the name of the partnership, the full name by which the partnership is known, together with the words “(a Firm)”; or

(b) where partners are sued as individuals, the full name of each partner and the title by which each is known;

(4) for a company or limited liability partnership registered in England and Wales, the full registered name, including suffix (plc, Limited, LLP, etc), if any;

(5) for 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.  If not, they may be served with the claim form or later, within the periods specified in rule 7.4 and 7.5.

3.2 Particulars of claim which are not included in the claim form must be verified by a statement of truth, in the form specified in paragraph 2.1 of Practice Direction 22.

3.3 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.

Matters which must be included in the particulars of claim in certain types of claim

Personal injury claims

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 evidence from a medical practitioner, the claimant must attach a report from the medical practitioner about the claimant’s personal injuries.

4.3A

(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 Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents.

4.3B

(1) In a claim for a whiplash injury, whether or not it is part of a claim for other injuries—

(a) the claimant may not proceed in respect of the claim for the whiplash injury unless the medical report is a fixed cost medical report;

(b) where the claimant files more than one medical report, the first report obtained in respect of the whiplash injury must be a fixed cost medical report from an accredited medical expert selected via the MedCo Portal;

(c) where the claimant lives outside England and Wales, but chooses to be examined for the purposes of a medical report in England or Wales, paragraphs (a) and (b) apply; and

(d) any further report in respect of the claim for the whiplash injury only must also be a fixed cost medical report from an expert in any of the following disciplines—

(i) Consultant Orthopaedic Surgeon;

(ii) Consultant in Accident and Emergency Medicine;

(iii) General Practitioner registered with the General Medical Council;

(iv) Physiotherapist registered with the Health and Care Professions Council.

(2) Where the claimant obtains a medical report in respect of a more serious injury suffered on the same occasion as the whiplash injury, the claimant may use that report instead of a fixed costs medical report under paragraph (1) provided that—

(a) the report is from a doctor who is listed on the General Medical Council’s Specialist Register; and

(b) the report provides evidence of the whiplash injury.

(3) Unless paragraph (1)(c) applies, in any other case where the claimant lives outside England and Wales, the medical report in respect of the claim for the whiplash injury (or, if there is more than one report, the first report) must be from a person who is recognised by the country in which they practise as—

(i) being a medical expert; and

(ii) having the required qualifications for the purposes of diagnosis and prognosis of a whiplash injury.

(4)The cost of obtaining a further report from an expert not listed in paragraph (4)(a) to (d) is not subject to rule 45.29I(2A)(b), but the use of that expert and the cost must be justified.

(5) In this paragraph, ‘fixed cost medical report’, ‘accredited medical expert’, ‘MedCo, and ‘whiplash injury’ have the same meaning as in paragraph 1.2(1), (17), (19) and (38), respectively, of the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents.

4.4 In a provisional damages claim the claimant must state in the particulars of claim –

(1) that they are 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 their 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.)

Fatal accident claims

5.1 In a fatal accident claim the claimant must state in the 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 person.

(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.)

Hire purchase claims

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 the claimant;

(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 49C should be used.)

6.2 Where the claim is not for the delivery of goods, the claimant must state in the 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) if the claim relates to credit hire, whether the claimant could afford to pay in advance to hire a replacement car, and, if not, why not (“impecuniosity”).

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 in paragraph (3) includes an obligation to state relevant facts.

Other matters to be included in particulars of claim

7.1 Where a claim is made for an injunction or declaration 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 (using 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 (or copies) 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 documents are bulky it is acceptable to attach or serve 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.

Matters which must be specifically set out in the particulars of claim

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 the particulars of claim a statement to that effect and give the following details –

(a) the type of conviction, finding or adjudication and its date;

(b) the court or Court-Martial which made the conviction, finding or adjudication; and

(c) the issue in the claim to which it relates.

8.2 The claimant must specifically set out the following matters in the particulars of claim where they wish to rely on them in support of the 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.

General

9.1 Where a claim is for a sum of money expressed in a foreign currency it must 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 a party may seek the court’s permission to amend their statement of case.

9.3 In clinical negligence claims, the words “clinical negligence” should be inserted at the top of every statement of case.

Statement of truth

10.1 The defence must be verified by a statement of truth in the form specified in paragraph 2.1 of Practice Direction 22.

Matters which must be included in the defence

Personal injury claims

11.1 Where the claim is for personal injuries and the claimant has attached a medical report in respect of the alleged injuries, the defendant should –

(1) state in the defence whether the defendant—

(a) agrees;

(b) disputes; or

(c) neither agrees nor disputes but has no knowledge of,

the matters contained in the medical report;

(2) where the defendant disputes any part of the medical report, give in the defence their reasons for doing so; and

(3) where the defendant has obtained their own medical report, attach it to the defence.

11.2 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 the defence a counter-schedule stating –

(1) which of those items the defendant—

(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.

11.3 The defendant must give details of the expiry of any relevant limitation period relied on.

Other matters

12.1 Rule 37.3 and paragraph 2 of Practice Direction 37 contains information about a defence of tender.

12.2 A party may in a statement of case –

(1) refer to any point of law;

(2) give the name of any witness they propose to call,

and may attach to it a copy of any document necessary to their case (including any expert’s report under Part 35).

Competition Act 1998

13 A party who relies on a finding of the Competition and Markets Authority must include in the statement of case a statement to that effect and identify the finding.

Human Rights

14.1 A party who relies on any provision of or right arising under the Human Rights Act 1998 or seeks a remedy under that Act must state that fact in their statement of case, and must—

(a) give details of the Convention right infringed and details of the infringement;

(b) specify the relief sought;

(c) state if the relief sought includes—

(i) a declaration of incompatibility under section 4 if 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, give details of the legislative provision and 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 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 that made it.

(Practice Direction 19A provides for notice to be given and parties joined in the circumstances referred to in (c), (d) and (f).)

14.2 A party seeking to amend a statement of case to include the matters referred to in paragraph 14.1 must, unless the court orders otherwise, do so as soon as possible.

(Part 17 provides for the amendment of a statement of case.)

Ministry of Justice

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