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Professional Negligence- Case Study Documents
Terms in this set (19)
SGS 3: Explain the contents of a Claim Form (1)
Is this a specified or unspecified claim Unspecified- PD 7A Para 4.1 (2)
What court are we in? High Court/ County Court Money Claims?
- Division: Queen's Bench Division
- District Registry: i.e., Nottingham District Registry
Leave claim number blank- CPR 7.2 (2)
Leave issue date blank
Claimant's and Defendant's names and addresses- PD 7A Para 4.1 and PD 16- The Claim Form
SGS 3: Explain the contents of a Claim Form (2)
Brief Details of Claim- CPR 16.2(1)
- Concise statement of the nature of the claim
- The remedy being sought (damages)
- The causes of action (contract and negligence)
- The Claimant's entitlement to interest (Unspecified- s35A Senior Courts Act 1981 (HC) or s69 County Courts Act 1984 (CC))
SGS 3: Explain the contents of a Claim Form (3)
Value- CPR 16.3 (2) and (5)
- A reference to the claimant's wish to issue in the High Court
- The reason the High Court has jurisdiction (because the Claimant expects to recover more than £100,000)
- The maximum value of the claim- Give estimate
SGS 3: Explain the contents of a Claim Form (4)
Does the Defendant's name and address for service appear in the box at the bottom left? CPR 6.6(2)
Has the preferred county court hearing centre been marked as n/a? (If applicable, Nottingham County Court Hearing Centre- PD 7A, Para 4A.2)
SGS 3: Explain the contents of a Claim Form (5)
Does the amount claimed box contain all the following?
- The amount claimed is "to be determined" (because this is an unspecified claim, and the precise value is not known at this point)
- Court fee at [Use EX50 Statutory Guidance- 5%]
- Legal representative's costs are "to be determined" (because this is a claim for damages)
-The total amount is "to be determined"
SGS 3: Explain the contents of a Claim Form (6)
- HRA- No
- Particulars of Claim- Attached
- Statement of Truth- Full contents need to be completed- PD 7A Para 7
SGS 3: Explain the contents of a Particulars of Claim (1)
Are the parties introduced and their business activities given?
Is the background to the claim given? Include key dates.
SGS 3: Explain the contents of a Particulars of Claim (2)
- "The Claimant was relying on the Defendant to advise correctly on**
. Further the Defendant knew that the Claimant would rely on the Defendant's advice in
- An express term(s) of the contract: "It was an express term of the contract that the Defendant would advise the Claimant about the ***"
- Implied term(s): "There was also an implied term of the contract that the Defendant would act for the Claimant with the care and competence/ reasonable care and skill of an ***.
- The like duty in the tort of negligence: Further and/ or in the alternative the Defendant owed the Claimant a like duty in tort."
SGS 3: Explain the contents of a Particulars of Claim (3)
- A Paragraph describing the PARTIUCLARS OF BREACH OF CONTRACT AND/ OR NEGLIEGENCE: "The Defendant is in breach of the express and/ or implied term of the agreement, and/ or negligence in that it failed to:"
- "Advise the Claimant that... (a-d) Act with reasonable care, skill and diligence"
- A paragraph stating that the breaches complained of the CAUSE of the claimant's loss: "By reason of the Defendant's breach of contract and/ or negligence, the Claimant..."
- The fact that the Claimant has suffered loss and damage: "As a result of the matters set out above the Claimant has suffered loss and damage."
- PARTICULARS OF the Claimant's LOSS set out: "The Claimant currently estimates that that it has lost... plus interest."
- A paragraph stating that the Claimant is entitled to interest under s35 Senior Courts Act 1981
SGS 3: Explain the contents of a Particulars of Claim (4)
Does the prayer contain all the following?
- A claim for damages?
- A claim for interest?
- Is the statement of truth completed? PD 7A Para 7
SGS 3: What documents need to be presented to the court for proceedings to be issued?
CPR 16: Statement of Case
1. Claim Form
2. Particulars of Claim
3. Documents required by PD 16 Para 7.3
4. Cheque for court fee
5. Covering letter
SGS 3: Can you amend your statement of case if you realise an error, or some new information becomes available?
CPR 17: Amendments to Statements of Case
(1) A party may amend his statement of case at any time before it has been served on any other party.
(2) If his statement of case has been served, a party may amend it only-
(a) With the written consent of all other parties; or
(b) With the permission of the court.
(3) If a statement of case has been served, an application to amend it by removing, adding or substituting a party must be made in accordance with rule 19.4- Permission of the court
SGS 3: What options are open to you if you are unclear about an issue in your opponent's statement of case?
CPR 18: Further Information
(1) The court may at any time order a party to-
(a) Clarify any matter which is in dispute in the proceedings; or
(b) Give additional information in relation to any such matter.
Whether or not the matter is contained or referred to in a statement of case.
SGS 3: How would you affect personal service of the Claim Form (with Particulars Attached) on the Partnership in this case?
CPR 6: Service of Documents
CPR 6.3: Methods of Service
CPR 6.5: Personal Service
(3) A claim form is served personally on-
(c) A partnership by leaving it with a partner or a person who has the control or management of the partnership.
SGS 3: Following issue of the claim, what documents would be served on the Defendant?
1. Sealed Claim Form
2. Sealed Particulars of the Claim
3. Response Pack which contains the following documents:
- Acknowledgment of Service
- Admission Form
- Defence and Counterclaim Form
- Explanatory Notes
4. Covering Letter
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