See also Practice Direction
16
Part
16
STATEMENTS OF CASE
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Part not to apply where claimant uses Part 8
procedure
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16.1 |
This Part does not apply where the claimant uses the
procedure set out in Part 8 (alternative procedure for claims).
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Contents of the claim form
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16.2 |
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The claim form must –
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contain a concise statement of the nature of the
claim;
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specify the remedy which the claimant
seeks;
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where the claimant is making a claim for money,
contain a statement of value in accordance with rule 16.3;
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where the claimant’s only
claim is for a specified sum, contain a statement of the interest accrued on
that sum; and
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contain such other matters as may be set out in a
practice direction.
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| | (1A)
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In civil proceedings against the
Crown, as defined in rule 66.1(2), the claim form must also contain
–
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the names of the government
departments and officers of the Crown concerned; and
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brief details of the
circumstances in which it is alleged that the liability of the Crown
arose.
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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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If the claimant is claiming in a representative
capacity, the claim form must state what that capacity is.
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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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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)
(The costs practice directionpdp-43 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)
(‘Funding arrangement’ and ‘additional
liability’ are defined in rule 43.2)
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| New Rule 16.2(1A) added w/e from 1 October 2005. |
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Statement of value to be included in the claim
form
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16.3 |
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This rule applies where the claimant is making a claim
for money.
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The claimant must, in the claim form, state
–
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the amount of money which he is claiming;
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that he expects to recover –
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not more than £5,000;
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more than £5,000 but not more than
£15,000; or
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more than £15,000; or
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that he cannot say how much he expects to
recover.
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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 –
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not more than £1,000; or
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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 –
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whether the estimated costs of those repairs or
other work is –
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not more than £1,000;
or
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more than £1,000;
and
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whether the financial value of any other claim
for damages is-
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not more than £1,000;
or
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If the claim form is to be issued in the High Court it
must, where this rule applies –
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state that the claimant expects to recover more
than £15,000;
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state that some other enactment provides that the
claim may be commenced only in the High Court and specify that
enactment;
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if the claim is a claim for personal injuries
state that the claimant expects to recover £50,000 or more; or
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state that the claim is to be in one of the
specialist High Court lists and state which list.
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When calculating how much he expects to recover, the
claimant must disregard any possibility –
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that he may recover –
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that the court may make a finding of contributory
negligence against him;
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that the defendant may make a counterclaim or
that the defence may include a set-off; or
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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 1.
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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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Contents of the particulars of claim
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16.4 |
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Particulars of claim must include –
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a concise statement of the facts on which the
claimant relies;
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if the claimant is seeking interest, a statement
to that effect and the details set out in paragraph (2);
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if the claimant is seeking provisional damages, a
statement to that effect and his grounds for claiming them; and
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such other matters as may be set out in a
practice direction.
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If the claimant is seeking interest he must
–
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state whether he is doing so –
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under the terms of a contract;
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under an enactment and if so which;
or
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on some other basis and if so what that
basis is; and
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if the claim is for a specified amount of money,
state –
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the percentage rate at which interest is
claimed;
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the date from which it is claimed;
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the date to which it is calculated, which
must not be later than the date on which the claim form is issued;
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the total amount of interest claimed to the
date of calculation; and
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the daily rate at which interest accrues
after that date.
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(Part 22 requires particulars of claim to be verified by a
statement of truth)
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| This Rule is referred to in: Part 12 (12.6), Part 14 (14.14), Part 41 (41.2), Part 58 (58.5), Part 59 (59.4), PDP 16 (3.7), PDP 53 (2.10), Comm Ct Guide - Pt B (B3.9), Comm Ct Guide - Pt C (C1.2), Expandable Ltd v Rubin [28], Totty v Snowden [10], [11]. |
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Content of defence
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16.5 |
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In his defence, the defendant must state –
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which of the allegations in the particulars of
claim he denies;
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which allegations he is unable to admit or deny,
but which he requires the claimant to prove; and
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which allegations he admits.
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Where the defendant denies an allegation –
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he must state his reasons for doing so;
and
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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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A defendant who –
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fails to deal with an allegation; but
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has set out in his defence the nature of his case
in relation to the issue to which that allegation is relevant,
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shall be taken to require that allegation to be
proved.
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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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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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If the defendant disputes the claimant’s
statement of value under rule 16.3 he must –
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state why he disputes it; and
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if he is able, give his own statement of the
value of the claim.
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If the defendant is defending in a representative
capacity, he must state what that capacity is.
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If the defendant has not filed an acknowledgment of
service under Part 10, the
defendant must give an address
for service.
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(Part 22 requires a defence to be verified by a statement
of truth)
(Rule 6.23 provides that an address for service must be within the United
Kingdom)
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| This Rule is referred to in: PDP 16 (10.3), Chancery Guide - App 3 (5), Comm Ct Guide - Pt C (C1.2), (C1.2), Kearsley v Klarfeld [49], Loveridge v Healey [11], [11], [15], [29], Roger v Merthyr Tydfil CBC [2], Sowerby v Charlton [17]. |
| Text substituted in Rule 16.5(8) and in the second parenthesis below Rule 16.5(8) w/e from 1 October 2008. |
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Defence of set-off
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16.6 |
Where a defendant –
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contends he is entitled to money from the
claimant; and
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relies on this as a defence to the whole or part
of the claim,
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the contention may be included in the defence and set
off against the claim, whether or not it is also a Part 20 claim.
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Reply to defence
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16.7 |
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A claimant who does not file a reply to the defence
shall not be taken to admit the matters raised in the defence.
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| | (2)
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A claimant who –
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files a reply to a defence; but
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fails to deal with a matter raised in the
defence, shall be taken to require that matter to be proved.
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(Part 22 requires a reply to be verified by a statement of
truth)
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Court’s power to dispense with statements of
case
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16.8 |
If a claim form has been –
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issued in accordance with rule 7.2; and
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the court may make an order that the claim will
continue without any other statement of case.
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| Cross references at end of Rule 16.8 deleted w/e from 15 October 2001. |
