The claimant and statements of case — overviewClaim form – contents

The claim form sets out the relevant court information in relation to the claim together with information as to the claimant’s claim. Additional information may be served in a separate document called a particulars of claim.

The Civil Procedure Rules (CPR) provide guidance as to the information included in the claim form. For example, there are special provisions in relation to statements of value, interest and statements of truth.

Drafting the particulars of claim and reply

When drafting the particulars of claim it is essential to make sure they contain all of the required by the CPR rules. Examples of this include a concise statement of the facts relied on and whether interest is being sought. Specific types of claim will require additional information to be provided. For example whether a relevant pre-action protocol has been complied with or in a contract claim a copy of the contract will need to be provided.

In claims in which fraud is being alleged it is important to ensure that material is available which enables you to reasonably believe that, on the face of it, a case of fraud is established.

A claimant can file a reply to the defence although not filing one is not an admission of the defence. Where a defence raises new issues a claimant would be advised to file a reply setting out their own version of events.

Statements of truth

Statements of truth are used to confirm that the person signing the document has an honest belief in the accuracy and content of the document being signed. The Civil Procedure Rules set out the exact wording that must be used. Certain documents, including statements of case and witness statements must be verified by a Statement of Truth.

The CPR also sets out who must sign the Statement of Truth, including where a solicitor may sign on behalf of his client.

Failure to sign the Statement of Truth may result in the document being struck out. A false statement could lead to contempt of court proceedings.

Statements of case in the commercial court - claimant

When acting in proceedings in the Commercial Court it is important to remember that you need to met specific requirements which are set out in the Commercial Court Guide. These requirements relate to both content and procedure. Examples include that statements of case should not exceed 25 pages in length and generally should not attach documents, although there are exceptions.

Claim form - filing and issuing

A claim form must be filed in the court in which the proceedings are to be commenced. On filing the claim form the claimant will also need to ensure that a number of other documents together with the court fee are provided to the court. The court will issue the claim form. The date on which the claim form is issued is the date that the proceedings commence. This is of particular importance if there is likely to be an issue as to whether a defendant has a limitation defence.

Electronic Filing

With effect from 1 April 2010 it is possible for parties in certain courts to file documents (including the claim form) electronically. This Electronic Working Scheme (the 'Scheme') will be set out in a new Practice Direction 5C supplementing CPR 5.5 and CPR 7.12. The Scheme provides a means by which proceedings may be started electronically, all subsequent steps may be taken electronically, and proceedings which have not started electronically may be converted to electronic format and then continue as if they had been started electronically. The Scheme is only applicable to certain courts and certain types of claims though this does include claims commenced under CPR Parts 7 and 8.

Extending time for service of the claim form

Once the claim form has been issued, it must be served within 4 or 6 months depending on whether it is to be service 'in' or 'out' of the jurisdiction. If the claimant is unable to serve in this time, an extension of time must be agreed between the parties or ordered by the court. Applications made to the court before the 4 or 6 month time limit has expired are more likely to succeed.

Amending the claimant's statements of case

The CPR set out the procedure required to amend statements of case. It is always worth trying to agree the amendments with the other side first before making an application to court for an order allowing the amendments. The court may refuse permission to amend, for example, if it is statute barred. Amendments should be made as soon as possible to avoid any unnecessary costs in having to deal with the changes at a later date. Generally, the party making the amendments will be liable for any consequential costs incurred by the other parties.

CPR part 8 claims (alternative procedure for claims)

Part 8 of the Civil Procedure Rules provide a shortened/simpler regime for claims that involve less evidence than other claims, generally those where there is no substantial dispute of fact. In Part 8 claims, certain parts of the CPR do not apply, such as the disclosure provisions. The Practice Direction to Part 8 sets out the types of claims that may be conducted under Part 8, other practice directions may also require the use of Part 8 and practitioners should check when commencing a claim.

Timetable for statements of case

The Civil Procedure Rules set out a timetable for service of the various elements of the statement of case. The rules differ for claims served in England & Wales (in the jurisdiction) and in other countries (outside the jurisdiction). The timetable can be varied by agreement or on application to the court.