PART 16STATEMENTS OF CASE
Part not to apply where claimant uses Part 8 procedure | Rule 16.1 |
Contents of the claim form | Rule 16.2 |
Statement of value to be included in the claim form | Rule 16.3 |
Contents of the particulars of claim | Rule 16.4 |
Contents of defence | Rule 16.5 |
Defence of set-off | Rule 16.6 |
Reply to defence | Rule 16.7 |
Court’s power to dispense with statements of case | Rule 16.8 |
Part not to apply where claimant uses Part 8 procedureI116.1
This Part does not apply where the claimant uses the procedure set out in Part 8 (alternative procedure for claims).
Contents of the claim formI216.2
1
The claim form must—
a
contain a concise statement of the nature of the claim;
b
specify the remedy which the claimant seeks;
F15c
contain a statement of value in accordance with rule 16.3, where the claimant is making a claim for money;
d
contain a statement of the interest accrued on that sum, where the only claim is for a specified sum; and
e
contain such other matters as may be set out in a practice direction.
F201A1
In a claim to which Part 45 does not apply, no amount shall be entered on the claim form for the charges of the claimant’s legal representative, but the words ‘to be assessed’ shall be inserted.
F11A
In civil proceedings against the Crown, as defined in rule 66.1(2), the claim form must also contain—
a
the names of the government departments and officers of the Crown concerned; and
b
brief details of the circumstances in which it is alleged that the liability of the Crown arose.
2
If the particulars of claim specified in rule 16.4 are not contained in or are not served with the claim form, the claimant must state on the claim form that the particulars of claim will follow.
3
If the claimant is claiming in a representative capacity, the claim form must state what that capacity is.
4
If the defendant is sued in a representative capacity, the claim form must state what that capacity is.
5
The court may grant any remedy to which the claimant is entitled F14, even if that remedy is not specified in the claim form.
Statement of value to be included in the claim formI316.3
1
This rule applies where the claimant is making a claim for money.
F22
The claimant must, in the claim form, state—
a
the amount of money claimed;
b
that the claimant expects to recover—
ii
more than F4£10,000 but not more than £25,000; or
F24iii
more than £25,000 but not more than £100,000; or
iv
more than £100,000; or
c
that the claimant cannot say how much is likely to be recovered.
3
F7Subject to F9paragraphs (3A) and (3AA), in a claim for personal injuries, the claimant must also state in the claim form whether the amount which F16they expect to recover as general damages for pain, suffering and loss of amenity is—
a
not more than F10£1,500; or
b
more than F11£1,500.
F63A
Where—
a
a claim for personal injuries arises from a road traffic accident which F19occurred on or after 31st May 2021; and
b
rules F2226.8, 26.10 or 26.11 do not apply to that claim,
the claimant must state in the claim form whether the amount which F17they expect to recover as general damages for pain suffering and loss of amenity is—
i
not more than £5,000; or
ii
more than £5,000.
F83AA
Where—
a
a claim for personal injuries arises from a road traffic accident; and
b
rule F2326.10 applies to that claim,
the claimant must state in the claim form whether the amount which the claimant expects to recover as general damages for pain, suffering and loss of amenity is—
i
not more than £1,000; or
ii
more than £1,000.
3B
‘Road traffic accident’ has the meaning ascribed to it by rule F2126.9(3).
F134
Where a tenant of residential premises, or a contract-holder of an occupation contract of a dwelling under section 7 of the Renting Homes (Wales) Act 2016, claims an order against a landlord requiring the landlord to carry out repairs or other work, the claimant must also state in the claim form—
a
whether the estimated costs of those repairs or other work is—
i
not more than £1,000; or
ii
more than £1,000; and
b
whether the value of any other claim for damages is—
i
not more than £1,000; or
ii
more than £1,000.
5
If the claim form is to be issued in the High Court it must, where this rule applies—
a
state that the claimant expects to recover more than £100,000;
b
state that some other enactment permits or requires the claim to be brought in the High Court and specify that enactment;
c
if the claim is for personal injuries, state that the claimant expects to recover £50,000 or more; or
d
state that the claim is to proceed in one of the specialist High Court lists and state which list.
6
When calculating how much the claimant expects to recover, the claimant must disregard any possibility—
a
that the court may make an award of—
i
interest;
ii
costs;
b
that the court may make a finding of contributory negligence;
c
that the defendant may make a counterclaim or that the defence may include a set-off; or
d
that the defendant may (under section 6 of the Social Security (Recovery of Benefits Act 1997) be liable to pay direct to the Secretary of State part of any award of money made by the court to the claimant against the defendant.
7
The statement of value in the claim form does not limit the power of the court to give judgment for an amount which it finds the claimant is entitled to.
F12Contents of the particulars of claim16.4
1
Particulars of claim must include—
a
a concise statement of the facts on which the claimant relies;
b
if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);
c
if the claimant is seeking aggravated damages(GL) or exemplary damages(GL), a statement to that effect and the grounds for claiming them;
d
if the claimant is seeking provisional damages, a statement to that effect and the grounds for claiming them; and
e
such other matters as may be set out in a practice direction.
2
If the claimant is seeking interest they must—
a
state whether they are doing so—
i
under the terms of a contract;
ii
under an enactment and, if so, which; or
iii
on some other basis and, if so, what that basis is; and
b
if the claim is for a specified amount of money, state—
i
the percentage rate at which interest is claimed;
ii
the date from which it is claimed;
iii
the date to which it is calculated, which must not be later than the date on which the claim form is issued;
iv
the total amount of interest claimed to the date of calculation; and
v
the daily rate at which interest accrues after that date.
(Part 22 requires particulars of claim to be verified by a statement of truth).
F12Contents of defence16.5
1
In the defence, the defendant must deal with every allegation in the particulars of claim, stating—
a
which of the allegations are denied;
b
which allegations they are unable to admit or deny, but which they require the claimant to prove; and
c
which allegations they admit.
2
Where the defendant denies an allegation—
a
they must state their reasons for doing so; and
b
if they intend to put forward a different version of events from that given by the claimant, they must state their own version.
3
If a defendant—
a
fails to deal with an allegation; but
b
sets out in the defence the nature of their case in relation to the issue to which that allegation is relevant,
the claimant is required to prove the allegation.
4
Where the claim includes a money claim, the claimant must prove any allegation relating to the amount of money claimed, unless the defendant expressly admits the allegation.
5
Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.
6
If the defendant disputes the claimant’s statement of value under rule 16.3 they must—
a
state why they dispute it; and
b
if they are able, give their own statement of the value of the claim.
7
If the defendant is defending in a representative capacity, they must state what that capacity is.
8
If the defendant has not filed an acknowledgment of service under Part 10, they must give an address for service.
(Part 22 requires a defence to be verified by a statement of truth.)
(Rule 6.23 makes provision in relation to addresses for service.)
F12Defence of set-off16.6
Where a defendant—
a
contends that they are entitled to money from the claimant; and
b
relies on this as a defence to the whole or part of the claim,
the contention may be included in the defence and set off against the claim, whether or not it is also an additional claim.
F12Reply to defence16.7
1
If a claimant does not file a reply to the defence, the defendant must prove the matters raised in the defence.
2
If a claimant—
a
files a reply to a defence; but
b
fails to deal with a matter raised in the defence,
the defendant must prove that matter even though it is not dealt with in the reply.
(Part 22 requires a reply to be verified by a statement of truth.)
Court’s power to dispense with statements of caseI416.8
If a claim form has been—
a
issued in accordance with rule 7.2; and
b
served in accordance with rule 7.5,
the court may make an order that the claim will continue without any other statement of case.