Statements of case identify the precise matters that the court must decide. They clarify what is actually in dispute between the parties, preventing surprise and enabling efficient resolution. By defining issues early, parties can focus on what actually matters, reduce costs, and avoid wasting time on undisputed matters.
Each party must inform the other of their case in sufficient detail to allow a proper response to be prepared. This is a fundamental requirement of natural justice - no party should be taken by surprise at trial. Clear statements of case promote settlement by ensuring both sides understand the strengths and weaknesses of their positions.
The statement of case must provide sufficient detail to allow the other party to understand the case against them and prepare an adequate response. This enables the defendant to admit or deny specific allegations, identify relevant evidence, formulate legal arguments, and engage in informed settlement discussions.
The claim form must contain: the full name of the court, the full name and address of each party, a concise statement of the nature of the claim, a statement of the remedy sought, the value of the claim (if money claim), and particulars of claim (if not in a separate document).
CPR 7.3(2) requires a concise statement of the nature of the claim. This is a summary, not the full particulars. It should be sufficient to inform the defendant of the general nature of the claim. The brief facts must identify the cause of action but need not include every detail - that comes in the particulars of claim.
The claim form must specify what remedy the claimant is seeking. This may include monetary damages (specify amount or "to be assessed"), specific performance (describe required action), injunctions (prohibitory or mandatory), declaratory relief (state what declaration), and interest and costs (usually presumed unless stated otherwise).
The claim form should indicate whether interest is claimed on any monetary remedy. Statutory interest under Senior Courts Act 1981 is 8% above base rate. Contractual interest may be specified if included in the agreement. Costs are generally presumed to be sought unless expressly excluded.
For money claims, the claim form must indicate the value of the claim. This affects track allocation and court fees. Specify exact amount if certain, indicate range if uncertain, state "not less than X" for minimum value, or state "unspecified" for non-money claims. Correct track allocation is crucial for procedure and costs management.
Particulars of claim must contain all material facts on which the claimant relies. This includes the factual basis for each allegation, the legal basis for the claim, details of any loss or damage claimed, and any documents or evidence referred to. The content varies depending on the type of claim.
Contract claims must particularise: (1) the essential terms of the contract (date, parties, what was agreed), (2) how the defendant breached the contract (what they failed to do or did wrong), and (3) the losses suffered as a result of the breach. Be specific about dates, amounts, and key terms.
[2003] UKHL 19
The claimant brought proceedings against the Bank of England concerning its supervisory role over BCCI. The Bank applied for striking out or summary judgment on parts of the statement of case on the basis that they did not disclose reasonable grounds.
The House of Lords held that statements of case must contain material facts, not evidence or legal arguments. A statement of case should set out the facts on which the party relies, not the evidence by which those facts are to be proved. Facts are the primary facts on which the claim is based, not the evidence used to prove them.
Statements of case must distinguish between material facts (to be included) and evidence (to be excluded). Material facts are the basic facts on which the claim relies. Evidence is the means by which those facts are proved. Particulars of claim should set out what happened, not how it will be proved.
Tort claims (such as negligence) must identify: (1) the duty of care owed by the defendant to the claimant, (2) the breach of that duty (what the defendant did or failed to do), (3) the causation (how the breach caused the damage), and (4) the nature and extent of damage suffered. Each element must be properly pleaded.
| Claim Type | Key Requirements | Common Pitfalls |
|---|---|---|
| Breach of Contract | Contract terms, breach, loss | Insufficient detail of terms |
| Negligence | Duty, breach, causation, damage | Failing to link breach to damage |
| Personal Injury | Injury, circumstances, losses | No specific injury details |
| Professional Negligence | Duty, breach, special damage | Missing expert evidence |
| Debt | Amount owed, basis for debt | No breakdown of interest/charges |
Example: Particulars for breach of contract claim for non-payment of goods. "On 15th January 2024, the Claimant and Defendant entered into a written contract for the sale of 5,000 units of goods at £10 per unit. The Claimant delivered the goods to the Defendant's premises on 1st February 2024. The Defendant has failed to pay the invoice dated 1st February 2024 for £50,000 despite repeated requests. The Claimant claims £50,000 for the goods plus interest at 8% above base rate."
Example: Particulars for negligence claim against a builder. "On 1st March 2024, the Defendant undertook to build a conservatory at the Claimant's property. The Defendant owed a duty of care to carry out the work with reasonable skill and care. The Defendant breached that duty by failing to properly waterproof the foundation. As a result, water penetrated the Claimant's property on 15th April 2024 causing £5,000 of damage. The Claimant claims £5,000 for damage and £2,000 for remedial work."
Avoid these common mistakes when drafting particulars of claim: (1) Being too vague - use specific dates and amounts. (2) Including evidence - particulars are for facts, not evidence. (3) Legal argument overload - focus on material facts. (4) Missing essential elements - check each element of the cause of action. (5) Inconsistent with claim form - ensure both documents align.
A defence must deal with each allegation in the particulars of claim. The defendant has three options: (1) ADMIT - accept the allegation as true, (2) DENY - reject the allegation and explain their position, or (3) state they are UNABLE TO ADMIT OR DENY - with reasons. The defence must be more than bare denials.
A defendant must state their case in relation to each allegation. General denials are not permitted. A bare denial is insufficient. The defendant must state their own position positively and provide facts on which the denial is based. Failure to comply may result in the defence being struck out under CPR 3.4.
A defendant must do more than simply deny each allegation. The defence must set out the defendant's own case positively. For example, if the claimant says "The defendant negligently repaired the roof," simply saying "I deny this" is insufficient. The defendant must say what actually happened - "The repairs were completed properly and to a reasonable standard. The leak was caused by a pre-existing defect in the roof structure."
[2001] 1 WLR 436
The defendant pleaded a defence that merely denied the claimant's allegations without providing any positive case. The claimant applied to strike out the defence as an abuse of process.
The Court of Appeal held that a bare denial, without more, does not constitute a proper defence. A defence must set out the defendant's own version of events, not merely deny the claimant's allegations. Mere denial without stating the defendant's position may amount to an abuse of process.
A defence must do more than deny allegations. It must set out the defendant's own case positively. Bare denials that do not provide the defendant's version of events may be struck out as an abuse of process under CPR 3.4.
| Type | Example | Acceptable? |
|---|---|---|
| Bare Denial | "The defendant denies that goods were delivered." | No - prohibited by PD 16 |
| Adequate Denial | "The defendant admits goods were ordered but denies delivery. The Defendant was told by courier that delivery was refused by the Claimant on 1st February." | Yes - provides alternative facts |
| Admission with Explanation | "The defendant admits receiving the goods but they were defective and not as specified in the contract." | Yes - admits fact but provides context |
[2024] EWCA Civ 72
The defendant's defence contained denials without setting out any positive case. The claimant applied to strike out the defence. The court had to consider whether the defence met the requirements of PD 16.
The Court of Appeal confirmed that a defence must comply with PD 16, which requires a party to set out its own case positively. Bare denials that do not explain the defendant's position are insufficient and may be struck out.
A defence must set out the defendant's own material facts, not merely deny the claimant's allegations. The modern approach under the CPR requires parties to engage with the issues and explain their position clearly.
A defendant may state they are unable to admit or deny an allegation, but must give reasons for this response. This is appropriate where the defendant genuinely lacks knowledge of the facts alleged. Common examples: "The defendant is unable to admit or deny paragraph 8 as they were not present at the meeting referred to and have no documentation of what was said."
The court has power to strike out all or part of a defence that discloses no reasonable grounds for defending the claim. This may occur if the defence is incoherent, contains bare denials only, or is an abuse of process. The court will usually give an opportunity to amend before striking out, but striking out may result in judgment for the claimant.
A defendant may include a counterclaim in their defence, arising from the same or related facts as the claim. The counterclaim must be served with the defence and must follow the format of particulars of claim. The claimant must then file a defence to the counterclaim. Counterclaims enable efficient resolution of related disputes.
Basic structure of a defence responding to breach of contract claim. "1. The Defendant admits entering into a contract with the Claimant on 15th January 2024. 2. The Defendant admits receiving goods but denies they were non-compliant - the goods were of satisfactory quality. 3. The Defendant denies failing to pay - paid £50,000 by bank transfer on 28th February 2024. 4. In the alternative, if goods were defective (denied), the Claimant failed to give opportunity to remedy. 5. The Defendant counterclaims for repudiation by the Claimant."
A reply to defence is not compulsory and should only be filed in specific circumstances: (1) when the defence raises new matters not addressed in the particulars, (2) when the defence contains a counterclaim requiring a reply, (3) when the claimant needs to amend their case in light of the defence, (4) when the court orders a reply, or (5) when clarification of issues is necessary for fair trial.
If a reply is filed, it must comply with similar requirements to a defence - no bare denials, must state the claimant's position positively. The reply should deal with new matters raised in the defence, respond to any defence counterclaim, and avoid simply repeating the particulars. It must be verified by a statement of truth.
Do not file a reply unless necessary. Unnecessary replies add to costs and can be counterproductive. No reply is needed if the defence simply denies allegations, if you would be merely restating your case, or if the defence does not raise new issues requiring response. Consider settlement discussions instead of formal reply.
A defendant may make a counterclaim against the claimant if it arises out of the same or closely related facts as the claim. The counterclaim must be served with the defence and must follow the format of particulars of claim. The claimant becomes a defendant to the counterclaim and must file a defence to it.
Counterclaims are most commonly brought against the original claimant, as they arise from the same transaction or series of transactions. The counterclaim is included in the defence document but treated as a separate claim. The claimant must file a separate defence to the counterclaim, and the counterclaim proceeds alongside the main claim.
Counterclaims may also be brought against additional parties not already involved in the proceedings, but this requires court permission. The additional party must be joined as a defendant to the counterclaim. This is a complex procedure and the court will consider whether the counterclaim arises from sufficiently related facts.
The claimant (now counterclaim defendant) must file a defence to the counterclaim within the usual time limits: 14 days if an acknowledgment is filed, or 28 days if no acknowledgment. The defence follows normal CPR rules and may include a further counterclaim arising from the same facts.
Include counterclaims with your defence to avoid separate proceedings. Ensure the counterclaim arises from the same facts - otherwise the court may require separate proceedings. Consider settlement value - a counterclaim can be a powerful negotiating tool but may increase complexity and track allocation.
CPR Part 18 allows a party to request further information from another party about their statement of case. Requests must be proportionate and must relate to the statement of case. The court may order information to be provided if a party refuses an appropriate request.
Requests for further information can be made at any time during proceedings, subject to court directions. Typically, requests are made after service of particulars of claim or defence. The court may limit the number of requests to prevent abuse and ensure proportionality.
Requests must be necessary to understand the case and relate to alleged facts or legal basis. Requests cannot be used for fishing expeditions or to obtain evidence that should be obtained through disclosure. The request must be proportionate to the issues in the case.
The party receiving the request must respond within a reasonable time (usually 14-28 days). The response must be verified by a statement of truth. The party may object to the request in whole or in part, may offer to amend their statement of case instead of providing information, and must explain any refusal.
If a party refuses to provide requested information, the requesting party may apply to the court for an order. The application may be made without notice in some cases. The court will consider proportionality and may order information to be provided, may order costs of the application, and non-compliance with the order may result in sanctions.
Standard disclosure requires parties to disclose documents in these categories: (1) documents on which the party relies, (2) documents that adversely affect the party's own case, (3) documents that adversely affect another party's case, and (4) documents that support another party's case. Disclosure is a continuing duty throughout proceedings.
Parties must prepare a disclosure list identifying all documents that are or have been in their control. The list includes both disclosable and privileged documents. Documents must be described and dated. The category for each document must be specified. Inspection may be requested for non-privileged documents. The duty is ongoing - new documents must be listed as they emerge.
| Category | Description | Inspection? |
|---|---|---|
| Relied upon | Documents you intend to use at trial | Yes - automatic right |
| Adverse to own case | Documents harmful to your position | Yes - on request |
| Adverse to other party | Documents supporting opponent's case | Yes - on request |
| Supporting other party | Documents that help opponent | Yes - on request |
| Privileged | Protected from disclosure (legal advice, without prejudice) | No - claim privilege |
The disclosure statement must confirm the extent of the search conducted, explain any limitations on disclosure, certify understanding of the duty of disclosure, and be verified by a statement of truth. Inaccurate disclosure statements can result in sanctions and adverse costs orders.
Before a defence has been served, a party may amend their statement of case without court permission. This freedom allows parties to refine their claims early. However, the amended document must be filed with the court and served on all parties. Statements of truth are required for amended documents.
After a defence has been served, permission to amend is required under CPR 17.3. The court has discretion to grant or refuse permission. The court considers why the amendment is needed, the timing of the application, any prejudice to other parties, whether prejudice can be compensated by costs, and whether the amendment would have a real prospect of success.
A party may amend its statement of case only with the court's permission or with the written consent of all other parties. After service of a defence, permission is required. The court will consider all the circumstances and will generally allow amendments unless there is good reason to refuse.
[2008] EWCA Civ 649
The claimant sought permission to amend his particulars of claim to add a new head of damages after the limitation period had expired. The amendment would relate back to the original claim for limitation purposes under CPR 17.4.
The Court of Appeal held that the amendment was allowed under CPR 17.4 because it arose out of the same facts. However, the court emphasized the importance of timely applications and ordered the claimant to pay the costs of the amendment.
CPR 17.4 allows amendments to be made after the limitation period if they arise out of the same or substantially the same facts as the original claim. However, parties should not rely on this provision as a substitute for proper pleading in the first instance.
Amendments at trial are possible but will be granted only in exceptional circumstances. Courts are very reluctant to allow amendments at this late stage as they may require adjournment, waste trial time, and cause unfair prejudice to the other party. If allowed, the amending party usually faces indemnity costs.
[2001] EWCA Civ 63
The claimant sought to amend his particulars of claim during the trial to add a new cause of action. The amendment would have required adjournment of the trial and caused significant delay and cost to the defendant.
The Court of Appeal refused permission to amend at trial. The court emphasized that amendments at trial will only be allowed in exceptional circumstances. The timing of the application and the prejudice to the other party were critical factors.
Amendments at trial will be granted only in exceptional circumstances. The court considers: (1) why the amendment was not made earlier, (2) the timing of the application, (3) prejudice to other parties, and (4) whether costs can compensate for any prejudice. Late amendments usually face indemnity costs orders.
The party amending their statement of case will usually be ordered to pay the costs of the amendment. This includes the other side's costs of responding to the amendment. The court may order costs on the standard basis or, in some cases, on the indemnity basis where the amendment was late or should have been made earlier.
Consider the strategic implications before seeking to amend. Amend early to avoid needing permission. Consider whether amendment is really necessary or whether clarification would suffice. Weigh benefits against costs. Remember that amendment may be an opportunity to refine case strategy but may signal weakness to the other side.
Particulars of claim can be amended following the general rules in CPR Part 17. Before defence: no permission needed. After defence: CPR 17.3 permission required. Must be served on defendant with statement of truth. Consider effect on limitation period and whether new claims are time-barred.
Amendments to defence follow the same rules as amendments to particulars. Before reply served: easier to amend. After reply served: permission may be needed. New allegations require careful consideration as they may need their own particulars. Counterclaims may need separate amendment.
Counterclaims can be amended using the same procedures as main claims. Treated as separate statement of case. May increase value affecting track allocation. Defendant to counterclaim must consent or permission needed. Consider overall litigation strategy before amending counterclaim.
Regardless of which document is being amended, follow this consistent procedure: (1) Prepare amended document with changes clearly marked, (2) File with court (with permission if required), (3) Serve on all other parties, (4) Include statement of truth, and (5) Be prepared to pay costs of amendment.