| | Statements of Case |
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The following principles apply to all statements of case and should, as far as
possible, also be observed when drafting a Part 8 claim form, which will not
contain, or be followed by, particulars of claim:
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| 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 must deal with the case on a point by point basis to allow a
point by point response.
| | 5. | Where particulars are given of any allegation or reasons given for a denial,
the allegation or denial should be stated first and the particulars or reasons
for it listed one by one in separate numbered sub-paragraphs.
| | 6. | A party wishing to advance a positive case should set that case out 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: | |
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| (i) | headings should be used; and |
| (ii) | abbreviations and definitions should be established and used, and
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| 9. | Contentious headings, abbreviations 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.
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| 10. | Particulars of primary allegations should be stated as particulars and not as
primary allegations.
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| 11. | If it is necessary to rely upon a substantial amount of detailed factual
information or lengthy particulars in support of an allegation, these should
be set out in schedules or appendices.
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| 12. | Particular care should be taken to set out only those factual allegations
which are necessary to support the case. Evidence should not be included.
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| 13. | A response to particulars set out in a schedule should be set out in a
corresponding schedule.
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| 14. | If it is necessary for the proper understanding of the statement of case to
include substantial parts of a lengthy document the passages in question
should be set out in a schedule rather than in the body of the case.
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| 15. | Contentious paraphrasing should be avoided.
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| 16. | 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 alone.
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