Statements of case



In Statements of Case, parties set out concisely the case they expect to prove at the trial. Particulars of Claim and Defence are Statements of Case that will already have been filed and served before directions are given.

By [date], the Claimant must reply to the Part 18 Request raised by the Defendant dated [date] [excluding the request(s) numbered …. ].

Part 18 of the Civil Procedure Rules allows a party to request further details of another party’s Statement of Case. Here the judge has ordered the Claimant to comply with the Defendant’s request but has upheld his objection to one or more paragraphs in it.

  1. By 4pm on [date] the Claimant may amend the particulars of claim [in the form filed] [and must file and serve the amended version]
  2. By 4pm on [date] the Defendant may amend the defence and must file and serve the amended version
  3. The Defendant may issue a counterclaim against the Claimant in the form filed and further service of that document is dispensed with.
  4. The Claimant may by [date] file and serve [a reply to the defence and] a defence to the counterclaim

A party can amend his Statement of Case if the other party agrees to its being amended or if the court gives permission.

If it is the Claimant’s Particulars of Claim that are to be amended, the Defendant may wish to amend his Defence accordingly.
Normally, a claim which the Defendant makes against the Claimant (a counterclaim) must be set out in his Defence. Here the Defendant has obtained permission to start a counterclaim later.
The Claimant will probably want to file a Defence to that claim and possibly a Reply to the Defendant’s Defence itself.

  1. The Defence of the Defendant is struck out because it discloses no grounds of defence to the claim./ because it has no real prospect of success.
  2. The Defendant must file and serve a fully detailed defence by 4pm on [date] and time for that document is extended accordingly.

Although the Defendant has filed a Defence document, the judge has ruled that it does not show a legally valid ground for opposing the claim or that it will not succeed as it stands.
As it appears that he may have a valid (or viable) ground that was not shown in the original Defence, the Defendant is given a further opportunity.

Schedules of Loss must be updated as follows:

  1. by 4pm on [date] the Claimant must send an up to date schedule of loss to each other party.
  2. by 4pm on {date] a Defendant, in the event of challenge, must send an up to date counter-schedule of loss to the Claimant.
  3. The schedule and counter-schedule must contain a statement setting out that party’s case on the issue of periodical payments pursuant to Rule 41.5 Civil Procedure Rules.

In a claim for damages (compensation), the Claimant will have set out in a schedule, in his Particulars of Claim or attached to it, the financial losses he says he has had. As the case progresses, if the loss is continuing, he must bring his figures up-to-date.
The other party or parties set out any dispute with the figures in a counter-schedule.
Compensation for personal injury where there is a continuing financial loss can be in the form of a lump sum or periodical (e.g. monthly) payments or a combination of the two. The parties are here directed to explain which way they think the compensation should be worked out, giving reasons.

By 4 p.m. on [date] the claimant must file and serve a Reply to Defence setting out all facts in support of any assertion that the claimant was impecunious at the commencement of and during the hire of the vehicle in question.  In default, the claimant shall be debarred from relying upon the fact of impecuniosity for the purposes of determining the appropriate rate of hire

This is an example of a direction meant to clarify a particular issue. The claimant’s claim includes the cost of taking credit to hire a vehicle. This can succeed only if he did not have enough money available of his own. The Defence filed has challenged this. The Claimant must file and serve a Reply giving details of his claim that he had insufficient money available.

A Scott Schedule must be prepared and must contain column headings as set out on the draft attached to this order. The schedule is to be completed as follows:

  1. The Claimant must forward the schedule to the Defendant having completed columns 1 to 3 inclusive by 4pm on [date].
  2. The Defendant must return the schedule to the Claimant having completed columns 4 and 5 by 4pm on [date].
  3. The Claimant must return the schedule to the Defendant having completed columns 6 to 11 inclusive by 4pm on [date].
  4. The Defendant must return the schedule having completed column 12 by 4pm on [date].

A “Scott Schedule” is a table the idea of which is to identify precisely the questions that the judge has to decide.   They are often used in cases where there are several distinct disputes. There is a more detailed explanation, using this simple example.

In the example on the left, the schedule will have thirteen columns. In practice it is rare for more than six to be needed, the first being the number of the item in the list and the last being a space reserved for the judge.

A Scott Schedule must be prepared in respect of defects, items of damage or any other relevant matters:

  1. The column headings will be as follows:  Item; Alleged Defect; Claimant’s Costing; Defendant’s Response; Defendant’s Costing; Reserved for Judge’s Use’.
  2. The Claimant must serve the Scott Schedule by 4 pm on [date].
  3. The Defendant must respond to the Scott Schedule by 4 pm on [date]

This alternative form of direction does not rely on an example schedule attached to the order. It is used in simpler cases.

Here it is used for a dispute over building work.

It forms the basis of the schedule shown in this explanation.

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