16.2
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(1)
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The claim form must -- contain a concise statement of the nature of the
claim;
- specify the remedy which the claimant
seeks;
- where the claimant is making a claim for money,
contain a statement of value in accordance with rule 16.3; and
- contain such other matters as may be set out in a
practice direction.
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(2)
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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.
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(3)
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If the claimant is claiming in a representative
capacity, the claim form must state what that capacity is.
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(4)
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If the defendant is sued in a representative capacity,
the claim form must state what that capacity is.
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(5)
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The court may grant any remedy to which the claimant is
entitled even if that remedy is not specified in the claim form.
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(Part 22 requires a claim form to be verified by a
statement of truth)
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(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)
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(Funding arrangement and additional
liability are defined in rule 43.2)
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16.3
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(1)
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This rule applies where the claimant is making a claim
for money.
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(2)
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The claimant must, in the claim form, state
-- the amount of money which he is claiming;
- that he expects to recover -
- not more than £5,000;
- more than £5,000 but not more than
£15,000; or
- more than £15,000; or
- that he cannot say how much he expects to
recover.
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(3)
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In a claim for personal injuries, the claimant must
also state in the claim form whether the amount which he expects to recover as
general damages for pain, suffering and loss of amenity is -- not more than £1,000; or
- more than £1,000.
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(4)
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In a claim which includes a claim by a tenant of
residential premises against his 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 -- whether the estimated costs of those repairs or
other work is-
- not more than £1000; or
- more than £1000; and
- whether the financial value of any other claim
for damages is-
- not more than £1000; or
- more than £1000.
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(5)
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If the claim form is to be issued in the High Court it
must, where this rule applies -- state that the claimant expects to recover more
than £15,000;
- state that some other enactment provides that the
claim may be commenced only in the High Court and specify that
enactment;
- if the claim is a claim for personal injuries
state that the claimant expects to recover £50,000 or more; or
- state that the claim is to be in one of the
specialist High Court lists and state which list.
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(6)
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When calculating how much he expects to recover, the
claimant must disregard any possibility -- that he may recover -
- interest;
- costs;
- that the court may make a finding of contributory
negligence against him;
- that the defendant may make a counterclaim or
that the defence may include a set-off; or
- 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
(24)
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(7)
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The statement of value in the claim form does not limit
the power of the court to give judgment for the amount which it finds the
claimant is entitled to.
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16.5
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(1)
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In his defence, the defendant must state -- which of the allegations in the particulars of
claim he denies;
- which allegations he is unable to admit or deny,
but which he requires the claimant to prove; and
- which allegations he admits.
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(2)
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Where the defendant denies an allegation -- he must state his reasons for doing so;
and
- if he intends to put forward a different version
of events from that given by the claimant, he must state his own
version.
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(3)
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A defendant who -- fails to deal with an allegation; but
- 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.
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(4)
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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.
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(5)
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Subject to paragraphs (3) and (4), a defendant who
fails to deal with an allegation shall be taken to admit that
allegation.
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(6)
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If the defendant disputes the claimants
statement of value under rule 16.3 he must -- state why he disputes it; and
- if he is able, give his own statement of the
value of the claim.
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(7)
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If the defendant is defending in a representative
capacity, he must state what that capacity is.
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(8)
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If the defendant has not filed an acknowledgment of
service under Part 10, he must give an address for service.
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(Part 22 requires a defence to be verified by a statement
of truth)
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(Rule 6.5 provides that an address for service must be
within the jurisdiction)
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