"It's hard to quantify, right now. But at a guess, I'd say it's probably more than 50% faster, at times. It's literally that quick. We've found to be an essential practical tool. We're very satisfied."
Walsall Council
Access all documents on Particulars of claim
The statement of case in which the claimant sets out the facts he relies on to establish a cause of action against the defendant.
The contents of the particulars of claim must include those matters set out in CPR Rule 16.4. The particulars of claim must either be contained in or served with the claim form, or be served on the defendant by the claimant within 14 days after service of the claim form.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.
For our full legal glossary and more legal research sources, register for a free Lexis+ trial
A summary checklist and timeline for bringing misfeasance, fraudulent trading and wrongful trading claims under sections 212, 213, 246ZA, 214 and 246ZB of the Insolvency Act 1986 Checklist This Checklist is in relation to claims under sections 212–214, 246ZA and 246ZB of the Insolvency Act 1986 (IA 1986), being commenced by an insolvency office-holder. For further reading on claims under IA 1986, ss 212–214, 246ZA and 246ZB generally, see Practice Notes: • Misfeasance claims under section 212 of the Insolvency Act 1986 • Fraudulent trading claims under sections 213 and 246ZA of the Insolvency Act 1986 • Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986 Step/action Time (days) Section/rule 1. Investigate the events and circumstances leading to the insolvency of the company and the matters giving rise to the claim(s) against the respondent(s). This would include obtaining the company's books and records, interviewing directors, former directors and any persons with information concerning the promotion, formation, business, dealings, affairs or property of the company.It...
Civil contempt proceedings—checklist This Checklist on civil contempt proceedings summarises the different types of civil contempt, the key factors to consider when bringing proceedings for civil contempt, whether permission is required, how to make the application and what to include in it. This Checklist also considers the potential adverse costs consequences of making an unsuccessful application for civil contempt. Considerations Guidance Further guidance and information The different types of civil contempt It is important to understand the different types of civil contempt.Civil contempt proceedings under CPR 81 may be brought for non-compliance with a court order or undertaking or knowingly making a false statement in any affidavit, affirmation or other document verified by a statement of truth or in a disclosure statement. They can also be brought for interference with the due administration of justice or contempt committed in the face of court (ie where the contempt is directly in the court’s presence).It is often the case that a particular allegation straddles more than one type of civil contempt....
Discover our 4 Checklists on Particulars of claim
Relief from sanctions—making or opposing an application This Practice Note gives practical guidance on how to make or oppose (or defend) an application for relief from sanctions (RFS) under CPR 3.9. In particular, it covers the evidence in support of an application for relief, the evidence in response to a relief from sanctions application, costs issues in relief applications and how to appeal a decision granting or refusing relief. Throughout it offers general practical tips on applying for relief from sanctions. This Practice Note should be read in conjunction with Practice Notes: • How to make an application for a court order (CPR 23) • Relief from sanctions—when is an application for relief required? • Case management—compliance • Relief from sanctions—the courts’ approach • Relief from sanctions—illustrative decisions (from 1 January 2024); and • Interim applications—costs recovery See also Precedents: • Letter requesting consent to application for relief from sanctions • Letter responding to request for consent to relief from sanctions • Draft order for relief from sanctions...
Relief from sanctions—illustrative decisions (from 1 January 2024) This Practice Note provides a number of illustrative decisions to provide an insight into how the courts will deal with an application for relief from sanctions. It separates cases where relief from sanctions was granted from cases where relief from sanctions was refused noting the key facts of the case and details of the decision. This Practice Note provides details of relevant cases from 1 January 2024 onwards. For illustrative decisions involving relief from sanctions prior to 1 January 2024, see Practice Note: Relief from sanctions—illustrative decisions [Archived]. For guidance on when an application for relief is required and on making or opposing an application, see Practice Notes: Relief from sanctions—when is an application for relief required? and Relief from sanctions—making or opposing an application. For more detailed guidance as to the court’s approach to relief from sanctions, see Practice Note: Relief from sanctions—the courts’ approach. Relief from sanctions granted Case details and analysis Issue Decision The Occupiers of...
Discover our 31 Practice Notes on Particulars of claim
Claim against a driver for a collision caused by misleading signals IN THE COUNTY COURT AT [insert] Claim No: Parties 1 A B Claimant and 2 X Y Defendant _____________________________________________________________________________ PARTICULARS OF CLAIM _____________________________________________________________________________ 1 At all material times, the Claimant was the owner and driver of a [insert make and model of vehicle] registration number [insert registration number]. The Defendant was the owner and driver of a [insert make and model of vehicle] registration number [insert registration number]. 2 On [insert date], the Claimant was lawfully waiting at the intersection of [insert street name] and [insert street name, town, county]. The Claimant was stationary and preparing to turn left. As she waited, the Defendant’s vehicle approached from the Claimant’s right. The Defendant’s vehicle slowed and signalled to turn left into the Claimant’s street. In reliance on the Defendant’s signal, the Claimant commenced her left turn. The Defendant failed to turn left and proceeded across the junction, colliding with the Claimant’s vehicle. 3 The accident was caused...
Claim against an employer on behalf of an employee who was attacked at work by a patient IN THE COUNTY COURT AT [INSERT][OR] IN THE HIGH COURT CLAIM NO: Between [XX]        Claimant and [YY]        Defendant _____________________________________________________ PARTICULARS OF CLAIM ______________________________________________________ 1 At all material times the Claimant was employed by the Defendant as Healthcare Assistant. 2 On or about [insert date] the Claimant was working at the [insert details] Ward at the Defendant’s hospital which catered for service users with mental health issues. 3 The Claimant commenced his shift at [insert time] and was allocated to work for a particular service user (“[ZZ]â€) providing constant observation. 4 During the course of his shift the Claimant asked [ZZ] if he wished to have something to eat or drink whereupon [ZZ] punched the Claimant in the face. As a result of the said attack the Claimant suffered personal injury, loss and damage. 5 The Claimant’s injury loss and damage were caused or contributed to by the negligence of the...
Dive into our 86 Precedents related to Particulars of claim
Do you have any procedural guidance and/or template claim forms/particulars in connection with a claim for a declaration that an easement exists? The Land Registration Act 2002 (LRA 2002) made major changes to the ways in which easements over registered land are created and protected. If an easement over registered land created since 13 October 2003 (when LRA 2002 came into force) is not protected by entry of a notice then, generally, a buyer of the servient land will not be bound by it. See overview: Easements—overview for further detail. Under LRA 2002, a legal easement can be created only by using prescribed HM Land Registry forms. It is essential to remember that where the easement is created as: • part of a transfer of land, you must use a prescribed HM Land Registry form (usually TP1) • a separate transaction then a deed of grant may be used, but in each case the easement will be ‘perfected’ as a legal easement only if you use the correct application form—AP1....
What can a claimant do if a defendant serves a witness statement late but asks the claimant to accept service? If the claimant refuses to accept service and the defendant makes an application for relief from sanctions, what are the cost implications? What are the cost implications if no application is made? Failure to serve witness statement in time CPR 32.10 provides: ‘If a witness statement or a witness summary for use at trial is not served in respect of an intended witness within the time specified by the court, then the witness may not be called to give oral evidence unless the court gives permission.’ Therefore, a party wishing to call a witness to give oral evidence may not do so without the court’s permission if that witness’s statement was not served on time. Practitioners should take great care to ensure they take all steps to comply with all rules, practice directions and orders (including those specific to the particular court and/or track on which their...
See the 3 Q&As about Particulars of claim
This week's edition of Local Government weekly highlights includes coverage of the latest Procurement Policy Notes updates plus expert analysis of the Supreme Court decision in R (Spitalfields Historic Building Trust) v London Borough of Tower Hamlets in which the Supreme Court ruled that a provision in a LA constitution limiting the right to vote on an application to planning committee members who had attended all previous meetings which had considered the application was lawful and did not restrict a councillor’s democratic right to vote; Blackburn With Darwen BC v BM and others in which the High Court confirmed that parents can consent to their child’s deprivation of liberty; R (YVR) v Birmingham CC in which the Court of Appeal dismissed an appeal challenging an LA decision to maintain its adult social care charging policy requiring the maximum amount permitted by regulations and clarifies who must discharge the PSED within LA decision making structures; Julie Richardson Ltd v Oxfordshire CC in which the claimant nursing homes brought a claim against...
Local Government analysis: Each of the claimants is a nursing home in Banbury, Oxfordshire. Oxfordshire County Council (‘Oxfordshire’) is a local authority responsible for adult social care services in accordance with the provisions of the Care Act 2014 (CA 2014). The claim concerned nursing fees in relation to two residents of the claimants. There were periods during which the claimants had not received payment in respect of the two residents. The claimants had brought a claim against Oxfordshire. The original Particulars of Claim sought declarations that Oxfordshire was under a duty to meet the unpaid costs. When Oxfordshire applied to strike out the claim or for summary judgment, the claimants sought permission to amend the Particulars of Claim to introduce a claim based on unjust enrichment. The claimants were permitted to amend the Particulars of Claim and Oxfordshire’s application to strike out or for summary judgment was dismissed. Written by Ian Peacock, barrister at 4-5 Gray’s Inn Square.
Read the latest 3 News articles on Particulars of claim
**Trials are provided to all UUÂãÁÄÖ±²¥ content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these UUÂãÁÄÖ±²¥ services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
0330 161 1234