particulars of claim

The particulars of claim in UK litigation is a statement of alleged facts which is either (1) included in the claim form or (2) a separate freestanding document. The particulars of claim sets out the facts which underlie the cause(s) of action which the claimant says gives rise to legal liability of some description. These allegations of fact justify the court granting one or more legal remedies claimed in the particulars of claim. The usual legal remedies include (1) damages or an account of profits, (2) an order for an enquiry as to damages, (2) a final injunction to restrain repetition of unlawful conduct, and (3) a declaration. The legal remedies which may be made by a Court are in no way limited to these orders.

The rules of court require that certain information be contained in the particulars of claim, if those matters are relevant to the claim. The rules also apply to the defence, reply to defence, counterclaims, defences to counterclaims and the reply to defence to counterclaim - every statement of case.

Counterclaims

When a defendant wishes to make a claim against a claimant, it will file and serve a counterclaim. The counterclaim is in essence the particulars of claim for a defendant. Most often, a defendant will combine its defence with the counterclaim to avoid unnecessary repetition of the same allegations to make out the defence and counterclaim.

Purpose of Particulars of Claim

The Particulars are amongst the most important documents in litigation. It is a document which is intended to inform the court and the defendant(s) of the claims based in law which it or they are being called upon to defend. Where the particulars of claim do not disclose a cause of action, it is liable to be struck out, with consequential costs orders against the claimant.

Content and Formal Requirements

As one of the most imp rot ant documents in legal proceedings, the document should also be broken up into individually numbered paragraphs.

The particulars of claim must contain:

1. a concise statement of the nature of the claim;
2. adequate particularisation of the alleged facts;
3. the remedies that the claimant seeks from the court;
4. a statement of the sum of money claimed where a claim for money is claimed. It may be that the claimant cannot specify the sum of money. In commercial litigation, the claimant must specify whether the sum is expected to be less than £10,000, between £10,000 and £25,000, or greater than £25,000, or cannot say at all;
5. whether interest is claimed, and if so how much, and the grounds of the alleged entitlement (whether under a contract or statute such as the Senior Courts Act or County Courts Act) and the method of calculation;
6. adequate particularisation of the facts alleged;
7. the reasons for a denial, where a party denies an allegation;
8. the grounds upon which aggravated damages or exemplary damages are claimed, where applicable;
9. comply with practice directions which may be applicable to certain types of cases.

Particularisation

In commercial litigation, certain classes of claims attract special requirements. Importantly, the following allegations must be set out in statements of case:

1. any allegation of fraud;
2. alleged illegality;
3. details of any misrepresentation
4. details of alleged breaches of trust (including fiduciary duties);
5. notice or knowledge of a fact;
6. unsoundness of mind or undue influence;
7. details of wilful default;
8. facts relating to mitigation of loss or damage.

When particulars of claim do not adequately particularise the factual assertions, the defendant is entitled to:

1. apply for orders to require the claimant to amend the pleading and provide adequate particulars. Likewise, excessive particularisation may lead to a prolix, turgid document which is difficult to decipher, which equally entitles the defendant to apply to court to amend its particulars;
2. serve a request for further information and clarification.

Also:

1. copies of contracts and other documents constituting the agreement between the parties must be annexed to the particulars, where relevant;
2. where the claim relies on a oral contract, the particulars must contain the contractual words spoken, and state, by whom, to whom and where the words were spoken;
3. where a particulars of claim are longer than 25 pages, the claimant is required to file a summary of the particulars.
4. the claim form and particulars of claim must be served within 4 months where it is to be served within the jurisdiction, and 6 months if it is to be served outside of the jurisdiction; they then turn stale.
5. the document must be endorsed with a statement of truth.
6. must contain the name of the court in which the claim proceeds, the claim number, title of the proceedings and the claimant's address for service.

Injunctions and Land

Where injunctive relief or a declaration is sought in respect to land, the particulars must identify the land; where goods are sought to be recovered, the value of the goods must be specified; where the claim is based on a written agreement, the contract should be attached to the particulars or at very least the relevant clauses should be set out in the document; where an oral agreement is relied upon, the contractual words must be set out in the particulars; and in the case of an agreement by conduct, the acts relied upon must be set out.

Service and Statement of Truth

The particulars of claim should be served with the claim form. If it is not, it must be served within 14 days of service of the claim form. The particulars must be supported by a statement of truth, in the form ‘[I believe] [the claimant believes] that the facts stated in these particulars of claim are true.’.

Defences

Defences and defences to counterclaims also have requirements to ensure the proper conduct of commercial & business litigation in the UK. Those requirements include:

1. where the allegations in the particulars of claim are denied, and the reasons why the defendant denies an allegation, and where a different version of events is asserted, that version of the facts;
2. the allegations which the defendant admits, and those which they do not admit an allegation;
3. particularisation of specific matters;
4. where the value of a claim for money is disputed, the reasons for disputing the value of the claim, and preferably give his own statement of the value of the claim;
5. provide an address for service if one has not been provided in the Acknowledgement of Service.

Where the defendant does not deal with a particular allegation but has set out the general nature of this case, the defendant is taken to require the claimant to prove its own case in respect of those events. Other than claims for sums of money and setting out the general nature of his case, where an allegation is not expressly denied, it is taken to be admitted.

In the same way of other pleadings, defences must also be supported by a statement of truth in litigation in the UK.