statement of case

Statements of case are court documents and include the claim form, particulars of claim, the defence, a counterclaim, reply to the defence, Part 20 claim, Part 20 defence, reply to Part 20 claim and requests for further information and clarification. Statements of case are used in legal proceedings and contain the factual basis upon which the claimant or defendant relies in making their claim or defence, and set out the facts that the party to the legal proceedings relies upon to prove its case; that is, how the litigant pleads its case. Such documents are summaries of the material facts relied upon by the party drawing the document, must be supported by a statement of truth and sometimes referred to as pleadings.

Statements of case play a central, integral and essential role in UK litigation. There is no underestimating the importance of these statements. They are prepared for filing with the court and exchanged by the parties. The court relies on statements of case to define the issues in dispute between the parties.

The party filing the document relies on the document to allege facts that substantiate its claim at law, and the opposing party relies upon the document to:

1. know the case at law that it is advanced by the party filing and serving the document; and
2. prepare its response to the document and/or prepare questions for further detail in respect to the document.

Statements of alleged facts

Particulars of claim, defences and other pleadings should not contain legal argument and usually should not include statement of law. The purpose of statements of case is to set out the factual allegations upon which the party relies. Moreover, statements of case are no place for evidence - the statement must make allegations of fact based on evidence, but not plead evidence in its own right. Evidence is dealt with at disclosure, in witness statements and at the trial.

It is likely that a poor pleading usually suggests that the party filing the document has either a weak case or does not know how to properly advance or defend the claim. Poor pleadings confuse the litigation process and make it far more difficult for (1) the court to discharge its case management functions and determine the issues of the case, and (2) the other litigants to respond to the claim. Inclusion of such argumentative and other superfluous material in a statement of case may lead to the document to be struck out.

Also, if a specific set of facts is not pleaded or relief not claimed that is actually available on the actual facts, the party will not be given a second opportunity after judgment to claim again, as the judgment of a court renders dispute res judicata. As stated above, statements of case define the disputes between the parties, and matters not pleaded (1) will not be dealt with by the court and (2) will not be available to argue at the trial. On the other hand, a good pleading suggests a good case and lays the foundation for a strong defence or claim.

Contents of Statements of Case

Each of the different types of statements of case serves a slightly different purpose. Each of the variety of pleadings should set out the relevant facts and only the relevant facts, identify the parties, and the court the number of the proceedings. The claimant should set out the facts which (1) constitute the specific cause(s) of action, (2) give rise to damage being suffered, (3) show causation between the acts of the defendant, and (4) the damage suffered. The remedies sought should form part of the prayers at the end of the particulars of claim.

Defences

A defence should set out where applicable (1) why the cause of action of the claimant cannot be maintained, (2) damage has not arisen, (3) the reasons why the defendant is not liable for damage suffered by the claimant.

According to CPR PD 16.8, matters that must be specifically pleaded in statements of case include:

1. any allegation of fraud,
2. the fact of any illegality,
3. details of any misrepresentation,
4. details of all breaches of trust,
5. notice or knowledge of a fact,
6. details of unsoundness of mind or undue influence,
7. details of wilful default, and
8. any facts relating to mitigation of loss or damage.