Note: This file does not form part of the Ministry of Justice or CS sites. The files on those sites are the only official versions of the CPRs and related material. Please also note that the cross-references are not claimed to be comprehensive.

Click here to reload this page into top frame


Bottom     Previous     Contents

APPENDIX 2 GUIDELINES ON STATEMENTS OF CASE

1.   The document must be as brief and concise as possible.
2.   The document must be set out in separate consecutively numbered paragraphs and sub-paragraphs.
3.   So far as possible each paragraph or sub-paragraph should contain no more than one allegation.
4.   The document should deal with the case on a point by point basis, to allow a point by point response.
5.   Where the CPR require a party to give particulars of an allegation or reasons for a denial (see rule 16.5(2)), the allegation or denial should be stated first and then the particulars or reasons listed one by one in separate numbered sub-paragraphs.
6.   A party wishing to advance a positive case must identify that case in the document; a simple denial is not sufficient.
7.   Any matter which if not stated might take another party by surprise should be stated.
8.   Where they will assist, headings, abbreviations and definitions should be used and a glossary annexed.
9.   Contentious headings, abbreviations, paraphrasing and definitions should not be used; every effort should be made to ensure that headings, abbreviations and definitions are in a form that will enable them to be adopted without issue by the other parties.
10.   Particulars of primary allegations should be stated as particulars and not as primary allegations.
11.   Schedules or appendices should be used if this would be helpful, for example where lengthy particulars are necessary.
12.   The names of any witness to be called may be given, and necessary documents (including an expert's report) can be attached or served contemporaneously if not bulky (PD 16; Guide paragraph 2.11). Otherwise evidence should not be included.
13.   A response to particulars stated in a schedule should be stated in a corresponding schedule.
14.   A party should not set out lengthy extracts from a document in his or her statement of case. If an extract has to be included, it should be placed in a schedule.
15.   The document must be signed by the individual person or persons who drafted it not, in the case of a solicitor, in the name of the firm only. It must be accompanied by a Statement of Truth.

    Previous     Next     Top