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Concise statement of the facts or of the law

Concise statement of the facts or of the law

Postby blue » Fri Jun 16, 2017 11:48 am

I make a claim because someone passed confidential information about me to someone else.

In my claim form and in my particulars of claim I did not make any reference to a particular breach of a law. I only put forward a concise statement of the facts. Therefore I think that my claim is about any civil remedies related to the concise statement of the facts set out in my claim form and in my particulars of claim

The defendant made an application to have my claim struck out in which he says that I do not put forward any causes of action but that my claim could be maybe for negligence. In my additional witness statement in reply to this application to strike out I say that my claim is for breach of the Data Protection Act 1998. However the judge struck out it telling that ‘my case as pleaded’ is not about the Data Protection Act 1998. However my claim form and my particulars of claim comply with CPR 16.2 and CPR 16.4 because they contain a concise statement of the facts and a concise statement of the facts according to me does mean a concise statement of the law.

Moreover my concise statement of facts concerns Data Protection issues because it is about confidential information about me passed to a third party. Hence I would like to know if I have a ground for appeal specially that there have been two pre-hearings concerning this application and my claim form and my particulars of claim were not struck out at the end of the first pre-hearing which means that the judge accepted that there was enough information in them otherwise he would have struck them at the end of this first pre-hearing

Another point is that strangely the judge first say that my additional witness statement contains a new ground and as consequence he has to decide to accept it or not it and he decided it to accept it. However during his judgement at the end of the hearing he changed his mind because he says that he strikes out my claim because the issue of Data Protection is not in my statement of case as pleaded. When I remind him that he accepted my additional witness statement the judge replied to me that the fact that he has accepted my witness statement does not mean that he has accepted the new ground set out on it. I would like to know if the judge was right to tell me this because if he has accepted my additional witness statement he is deemed to have also accepted its contents
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Re: Concise statement of the facts or of the law

Postby atticus » Fri Jun 16, 2017 12:09 pm

Briefly, as I do not have time now for a detailed reply, read my post on Civil Litigation the basics at the top of the litigation forum.

I may add more later.
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Re: Concise statement of the facts or of the law

Postby Labrador » Fri Jun 16, 2017 5:34 pm

The judge was right to strike out your claim as you did not state your cause of action.
Your claim should state a cause of action or actions followed by particulars of said claim.
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Re: Concise statement of the facts or of the law

Postby atticus » Fri Jun 16, 2017 5:48 pm

The point is that your particulars of claim must support a claim that is justiciable. That is to say, a claim that asserts a breach of a legal obligation owed to you by the other party in respect of which the law can provide a remedy. That is what the previous poster has referred to as a cause of action.

If you cannot show that you have a cause of action known to the law, your case will be struck out at an early stage or the court will give summary judgment against you on the basis that you have no realistic prospect of success.

Receiving a statement in evidence is not the same as upholding its content.

I doubt you have any grounds for appealing the costs order.
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Re: Concise statement of the facts or of the law

Postby atticus » Fri Jun 16, 2017 8:56 pm

You may be able to bring a new claim under the DPA. Emphasis on the word "may".
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Re: Concise statement of the facts or of the law

Postby dls » Fri Jun 16, 2017 9:37 pm

Sorry blue, bur it is not the ourt's or the judge's job to work out what id the basis of your claim, and then to prosecute it on your behalf.


You stet your claim, they state theirs, and the judge decides between you
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Re: Concise statement of the facts or of the law

Postby blue » Fri Jun 16, 2017 10:02 pm

I think that I have proven that I have a cause of action i.e. breach of the Data Protection Act 1998 in my witness statement I provided in reply to the defendant’s application to strike out

I wondering if we have to do the difference between the pleadings i.e. the statement of cases i.e. the claim form and the particulars of claim and the evidence i.e. my witness statement

As long as I put forward in my statement of cases a concise statement of the facts as required by the CPRs was this not enough? Claimant know well the facts but often less well the law and is when their claims is processed that they progressively realise which law has been broken like in my case it was the Data Protection Act 1998 to which I made reference in my witness statement. Moreover the defendant never filed a Defence so his application to strike out was equivalent to his defence to which I replied with my witness statement

Has not been the judge unduly too harsh and should have he understood that I was a litigant in person who did his best to provide the greatest number of pieces of information as soon as he could in his claim form, in his particulars of claim and then in his witness statement.

My witness statement was not only received by the judge but also accepted by him because he asked specifically to the parties if they wanted he accepts my witness statement. The defendant’s representative says no and me I say yes and the judge accepted my witness statement

Furthermore the pre-hearing to strike out was initially scheduled for one hour only but it lasted two hours and during this period of time the defendant did not succeed to convince the judge to strike out my claim and a second pre-hearing of three hours was scheduled. I would like to know if the judge should have rejected the application to strike out instead of adjourning it to another pre-hearing because the fact that the defendant was not able convince the judge during the first hearing that I have a weak case should mean that the defendant does not have strong evidence that I have a weak case

The question is also if really my claim form and my particulars of claim were not enough why the judge has not struck them out at the end of the first pre-hearing?

The judge admitted himself that my case was complex because he says that there are a considerable number of issues of fact to consider and as a consequence my claim should be dealt with in the multi-track even though it is for a small amount. The question is should the judge not have granted summary judgement because summary disposal is inappropriate in complex cases?

No possible to issue another claim about DPA 1998 because it is too late because the limitation. However the defendant in his reasons to strike out put forward limitation but the judge rejected to strike out my claim because of limitation.
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Re: Concise statement of the facts or of the law

Postby dls » Sat Jun 17, 2017 4:44 am

Very sorry, but no. Your original title suggests your mistake
Concise statement of the facts or of the law

Needs to be
Concise statement of the facts and of the law

The statement of case is an assertion that your particular legal right 'x' has been infringed or broken by the defendant. It goes on (but does not start with) a list of the actions of the defendant which add up to that breach. Your statement is then the evidence which establishes those facts which add up to establish each of the individual factual elements necessary to make your case.

The rules for the statement of case used to be very much more pernickety, but what you describe appears to be well short of what was necessary.

Again, the Court will not guess for you what your claim is, and nor should a defendant be in any doubt what it is you are claiming.

It may just be worth asking whether you have a possibility of refiling. It may be difficult for a defendant to say you should not have a second bite, if the first time argued that he did not know, as it were what you were biting.

I am not encouraging you. We cannot possibly say from here whether you have a claim at all, or the evidence to prove it, or (most likely) whether there would be enough financially at stake to justify bringing a case.
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Re: Concise statement of the facts or of the law

Postby blue » Sat Jun 17, 2017 3:01 pm

You make reference to the court ‘guessing’ about what my claim was but when it received my witness statement the court finally knew about what my claim was because in my claim form and in my particulars of claim I make reference to the passing of confidential information to a third party and in my witness statement I make reference to breach of the Data Protection Law 1998.

The Judge says that I did not make an application to amend my claim form to include the issue of Data Protection Act 1998. However my claim form and my particulars of claim did not make any reference to a breach of a particulars law. I make reference to a breach of a Data Protection Act 1998 only in my witness statement. However the facts described in my claim form and my particulars of claim have something to do with breach of the Data Protection Act 1998.

I have difficulties to understand why the judge did not strike out my claim at the end of the first pre-hearing if really my claim form and my particulars of claims were defective without ordering a second pre-hearing and ordered me to file authorities if necessary. I wondering if the fact that he did not do this means that he accepted the contents of my claim form and of particulars of claim even though they did not make reference to a breach of a particular law

There is also the issue that the judge accepted my witness statement as explained in my previous post. I have made an application for permission to appeal and in the Appellant’s Notice I have made an application to amend my claim form to include the issue of Data Protection Act 1998, if necessary, even though I consider that it is not necessary because the judge accepted my witness statement and according to me there is now enough information about what my claim is in my claim form, my particulars of claim and in my witness statement
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Re: Concise statement of the facts or of the law

Postby atticus » Sat Jun 17, 2017 5:55 pm

Blue, please understand that we only have your reports to go on. We have not seen the statements of case. Nor do we have a reliable report of the judge's ruling.

If you want to appeal, that is a matter for you. But do please take some note of what has been said.
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