Drafting - DR

Question 1

What is to be included in a particulars of claim for a breach of contract?

Answer 1

• The parties and the date of the agreement
• Nature and purpose of the contract and consideration
• Any express or implied terms that the claimant alleges the defendant has breached
• The facts concerning each breach
• The losses that flow from the breach
• Details of interest claimed
• The prayer which is a summary of what is being claimed damages, interest and costs
• Statement of truth

Question 2

What should a particulars of claim include for a road traffic accident?

Answer 2

• Brief description of the nature of the collision
• Details of the time date and place
• Allegations of negligence against a defendant
• Very appropriate details of any relevant conviction stating the nature when and where defendant was convicted and setting out the issues to which the conviction relates to
• Details of any injuries and a pending a copy of medical report
• Schedule of past and future losses and expenses and claim for interest
• Statement of truth

Question 3

What must be included when the claimant is claiming interest on damages?

Answer 3

• State the basis of the claim so that could be statutory rate of interest or contractual
• If it is for a specified claim, state the percentage rate at which increase is calculated and how much interest is owed at the date of the particulars of claim and then include a daily rate at which interest to accrues afterwards

Question 4

What must the defence include?

Answer 4

Must include a response to each paragraph of the particular claims can be an admission a denial or a non-admission

If the defendant wants to deny, they need to set out their reasons for doing so and an alternative version of events

If dispute the value of the claim must explain why and provide own value

Must also provide an address for service

If it’s a PI claim, the defence must state whether they agree with the medical report

If raising limitation as a defence should state the date on which the defendant legis of the limitation period expired and why?

Question 6

What is the wording for a statement of truth?

Answer 6

I believe that the fact stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against any person who makes or causes to be made a false statement in a document verified by a statement of truth without an honest belief in its truth