What is a particulars of claim, or statement of claims?
The particulars of claim are a critical part of any legal proceeding, be it breach of contract or otherwise. Under the Civil Procedure Rules, this document lays out the entirety of your case, with clear and detailed facts that seek to prove the validity of your claim. These particulars will either be contained directly on the claim form or served to the defendant alongside the claim form/ within a clearly specified timeframe directly after the serving of the claim.
Can I just use a particulars of claim template?
Templates do exist for almost any type of statement of claim, and some of these can be sufficiently high quality to accurately portray your case. However, it can be difficult to assess these templates offhand if you are not from a legal background, so obtaining some guidance in the matter is always wise.
The particulars of claim have to contain some very specific information in order to be valid. There must be a concise and relevant statement of the case, and the facts of the matter must be demonstrated to the court [without excess emotion]. These material facts must give enough detail for the court to establish the correct cause of action. It’s easy to get confused between what appears on the claim form, and what must be contained within the statement of claim. This is a matter where the Legal Typing team can be of great assistance to you.
The particulars of claim should always include the following:
- The precise details, relevant to the case, of what happened
- The needed information to establish and prove the cause of action, giving the claimant the right to the ‘remedy’ [solution/reward] you wish the court to enforce
- What those remedies may be
- A clear statement that loss and damage has been suffered by the claimant, complete with particulars of those losses/damages
- A reason, or claim, for the interest- perhaps that this was part of a contract, a statutory provision by law, or any other basis to validate your claim.
While these basics must be covered in every statement of claim, there are specific ‘causes of action’ which have additional specific requirements as well. Typically this includes cases of fraud, claims revolving around oral contracts, and cases of misrepresentation. You may not have the legal expertise to know if your particulars of claim template contains the correct information, so proceed very carefully
Why is it important the statement of claims is accurate?
The terms of the law state this very clearly- if the particulars of claim in inaccurate or non-compliant, it needs urgent amendment [at a financial cost as well as the cost of your time] or will be struck out of the court record. Even if your particular of claim isn’t struck out directly, strict sanctions can be incurred for inaccuracy, and it may very well hurt your case considerably. This has to be done within, at maximum, 14 days of the serving of the claim form as well.
In order to ensure you remain compliant with the law at all times, and to give your claim the best possible chances of being accepted and actioned by the court, it is essential that your statement of claim is accurate, compliant and without error. Let the Legal Typing team help you put your best legal foot forward, and ensure your particulars of claim meet all the required standards to carry your claim further in court.