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11.1 Drafting Statements of Case

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Solicitors will frequently be asked to draft statements of case. The most common include Particulars of Claim, Defences and Counterclaims.

Particulars of Claim

Under CPR Rule 16.4, the Particulars of Claim must include a brief statement of the facts on which the claim is based. The claimant must state whether they are seeking interest and if so, specify the total amount as well as the date from which it is due, the percentage rate at which it is charged and the date to which it is calculated. Additionally, if the Claimant wants aggravated damages, exemplary damages or provisional damages they must state that that is the case and specify the grounds for claiming them.

There is a space on the reverse of Claim Form N1 to draft the Particulars of Claim but they need not necessarily be included here , indeed, they can even be served separately and thus it is perfectly acceptable to draft them on a piece of paper.

In simple terms, the Particulars of Claim should be drafted in a way that tells the Claimant's side of the story. It should be drafted clearly and concisely so that the Defendant, on receiving it, will be able to tell who the Claimant is, what they claim happened and what they want as a result.

Example of a Particulars of Claim in Negligence/Occupiers Liability

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11. Drafting Statements of Case

Next: 11.2 Example of a Particulars of Claim in Negligence/Occupiers Liability