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particulars of case.

particulars of case.

Postby Earl » Sun Dec 18, 2016 6:25 pm

Hi,

CPR Rules state a concise statement about your claim but how do you make 35 years concise?
Is this the document to include the background to the claim, that supports the claim?
Do you include the ' conversations' (he said she said) in this document?
If not in this document where and when do you submit another statement with this is it?

Getting very confused!
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Re: particulars of case.

Postby atticus » Sun Dec 18, 2016 8:32 pm

Read this - the relevant chapter is at page 37:

https://www.judiciary.gov.uk/wp-content ... Person.pdf
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Re: particulars of case.

Postby Earl » Thu Dec 29, 2016 3:51 pm

Thank you, but I've read it and re read it, and it doesn't answer my queries. If it was a simple claim it would help but for proprietary estoppel based on promises during conversations it doesn't answer the simple question in my earlier post.
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Re: particulars of case.

Postby Peter and Luke » Sat Jan 21, 2017 2:33 pm

atticus

page 41 para 8. 11 of the PDF you kindly gave a link to, gives advice to say that although in respect of CPR 3.1

If practicable, the particulars of claim should be set out in the claim form.

then, however, goes on to say, don't do it unless the particulars are "in a few sentences"

I don't understand that comment. The Rule says "if practicable" but does not say what that means. A natural common-sense interpretation would be that if the particulars on akin to War and Peace then fair enough don't set them out in the claim form. But otherwise, do. that's what 3.1 says but the advice in para 8.11 says something else??

I have drafted particulars set out in the claim form and there are about 50 paras over 10 or so pages and now I`m thinking is there a CPR rule (other than 3.1 possibly?) that I have not complied with?

Or perhaps I am just being overly-cautious?
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Re: particulars of case.

Postby atticus » Sat Jan 21, 2017 4:57 pm

If you write ' War and Peace' your particulars of claim will be thrown out. If you are lucky, you may be allowed to start again.

Are you sure you need as long as 50 paragraphs? Can you not be more economical with the drafting?

You have quoted an instance of what may make it practicable to include the particulars on the Claim Form. If it's more than a few sentences, set them out in a separate document. No one will criticise you for that.
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Re: particulars of case.

Postby Peter and Luke » Sat Jan 21, 2017 5:26 pm

Separate document (attached to the Form). Understood.

And I expect the particulars will need to be signed (also with a statement of truth).

Thanks (as always):)

P&L
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Re: particulars of case.

Postby atticus » Sat Jan 21, 2017 5:52 pm

A statement of truth is required.
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Re: particulars of case.

Postby Earl » Tue Feb 07, 2017 6:05 pm

I have a question about P of C.

If your P of C run like war and peace, my legal books say if its over 25 pages it must be accompanied by a summary. Fair enough.
But if this advice is wrong when and where do you submit your war and peace.

I don't want it thrown out. But I want all of my 'story' there because it is the basis of my claim.

Still confused.
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Re: particulars of case.

Postby atticus » Tue Feb 07, 2017 6:24 pm

CPR Part 7:

Particulars of claim
7.4
(1) Particulars of claim must –
(a) be contained in or served with the claim form; or
(b) subject to paragraph (2) be served on the defendant by the claimant within 14 days after service of the claim form.
(2) Particulars of claim must be served on the defendant no later than the latest time for serving a claim form.
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