Drafting - PoC

Question 1

What goes in the PoC heading on the top left?

Answer 1

IN THE [NAME OF COURT]
[X DIVISION]
[X REGISTRY]

Question 2

What goes in the PoC heading on the top right corner?

Answer 2

Claim No: XXXXXXX

Question 3

What do you put in the middle section of the heading?

Answer 3

[Claimant(s) name]

and

[Defendant(s) name(s)]

if multiple?

(1) [defendant]
(2) [defendant]

Question 4

What goes at the bottom of a PoC?

Answer 4

statement of truth

Question 5

Wording for SoT?

Answer 5

[I/the claimant or as may be] believe[s] that the facts stated in these Particulars of Claim are true. [I/the claimant or as may be] understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by statement of truth without an honest belief and it’s true.

I am duly authorised by the Claimant to sign this Statement [use if solicitor signing]

Question 6

What goes under the SoT?

Answer 6

Signature
Full name
Position
Date

Claimant’s address for service e.g. if legal rep signing: [The Claimants solicitors to whom documents should be sent are Taylor Wessing LLP, five new Street Square, London, EC4 XXX.

Question 7

If you are not told who signs the SoT what should you do?

Answer 7

Insert signatory name and position if appropriate but leave signature and date blank.

Question 8

For the PoC how many allegations should be in each para/sub-para as far as possible?

Answer 8

1

Question 9

In PoC set out facts and matter in what order?

Answer 9

Chronological

Question 10

What are examples of the allegations?

Answer 10

breach, loss, damage

Question 11

Numbers and dates are expressed how?

Answer 11

Figures

Question 12

If the claim is based on a written agreement what should be attached?

Answer 12

Copy of it / the contract

Question 13

If claim based on oral agreement, what should be included?

Answer 13

contractual words used,
by whom,
when,
where,they were spoken

Question 14

If claimant is claiming interest what must you do?

Answer 14

State the claimant is claiming interest

Question 15

SoC drafted by legal rep should be signed in whose name?

Answer 15

The firm

Question 16

What do you write for ‘position’ in PoC?

Answer 16

[Dierctor etc] of claimant Company
or
[Partner in the firm of TW LLP] if legal rep

Question 17

What is not included in PoC?

Answer 17

Evidence

Question 18

When must interest be included?

Answer 18

For specified (debt) claims - requires interest calculation

Question 19

When might interest be included?

Answer 19

Unspecified (damages) claim - if so, either standard wording or later if applying contract rate instead

Question 20

Are breach of contract claims specified or unspecified?

Answer 20

They can be either

Question 21

What do the PoC set out in a specified (debt) claim? (Essentially a simplified BoC)

What do you not need to include which you would for a breach of contract claim?

Answer 21

1. Parties to contract and status
2. Formation of contract and type
3. Existence of relevant express and/or implied terms
4. Claimant asserts performance of their side of contract e.g. provided goods/services.
5. When the claimant issued invoices (if done)
6. If D has partially performed their part of contact (e.g. paid some of amount owed)
7. Defendant’s breach of contract (failure to pay)
8. Claimant claims the sum due

Do not need to set out:
- particulars of breach
- consequences of breach
- claim for loss or damage

Question 22

What must you state regarding interest claim for both specified (must clalim)/unspecified (may claim)?

Answer 22

The basis on which it is sought

Question 23

What is the standard wording for claiming interest in an unspecified (damages) claim where interest is claimed?

Answer 23

In respect of damages awarded the claimant is entitled to interest pursuant to

• s. 35A of the Senior Courts Act 1981
• s. 69 of the County Courts Act 1984

at such rates /[at the contract rate] and for such period as the court thinks just

Question 24

What is the wording for paragraph 1 to introduce the parties and their status?

Answer 24

1. At all material times the Claimant(s) [owned a business/was the directors X/owned the property known as ‘X..’] (‘define any terms e.g. the Property/the Company’).

Question 25

What do you write in paragraph 2 for a negligence claim?

Answer 25

What D was doing, when and where, and the duty of care owed e.g. 2. On [date] at [time], Defendant was [doing X]. In the circumstances, the Defendant was under a duty of care that they would [duty - exercise reasonable care and skill/etc].

Question 26

What comes in paragraph 3a of a negligence claim?

Answer 26

The Defendant's breach of duty and the damage that occurred (factual consequences) as a result of the defendant's negligence e.g. 3. In breach of that duty and owing to the negligence of the Defendant, X happened, causing X.

Question 27

What do the PoC in a negligence claim set out?

Answer 27

1. Parties to contract and status 2. What the Defendant was doing/their capacity and the corresponding duty of care owed. 3.a Breach, causation (owing to Ds negligence), factual consequence. 3b. Particulars of negligence (i.e. of the breach of duty). List under PoN heading and 4a. Loss and damage 4b. Particulars of loss and damage (break down if necessary and total of loss) 5. Claim interest (standard wording -> and the claimant claims damages and interest) Date Signed Statement of truth signed date Claimant's address To: the Defendant and the Court Manager

Question 28

What comes in para 3b of a negligence claim (i.e. after D's BoD and the stated factual consequences)?

Answer 28

Particulars of negligence e.g. The Defendant drove negligently in that he: a) drove at excessive speed; b) lost control of the car; c) swerved repeatedly on and off the driveway; d) failed to applied cars break sufficiently or at all; e) failed to steer, manage, control the car so as to avoid a collision.

Question 29

What comes in para 4 of negligence PoC?

Answer 29

that the claimant suffered loss and damage as a result of D's negligence e.g. PARTICULARS OF LOSS AND DAMAGE a) costs incurred in making the building safe following the collision - weather-proofing the building - making safe electrical supply Total b) Estimated costs to be incurred repairing damage to the building - refitting kitchen - reinstatement works to garden Total TOTAL

Question 30

What comes in para 5 of negligence claim in PoC?

Answer 30

Interest claimed e.g. 5. In respect of damages awarded to them the Claimant(s) claim interest under section 35A of the Senior Courts Act 1981 at such a rate and for such period as the court thinks fit. AND THE CLAIMANT(S) CLAIM(S): (1) Damages as stated in paragraph 4 above; (2) Interest as stated in paragraph 5 above. date / Signed

Question 31

What is the purpose of the PoC?

Answer 31

- concise statement of facts on which Cl relies so must outline facts giving rise to dispute - demonstrate required elements of cause of action are satisfied.

Question 32

What do the PoC set out in a breach of contract claim?

Answer 32

1. Parties to contract and status (must mention as affects reliance on SGA/SGSA/CRA etc) 2. Pre-contract matters in chron order if assist claim e.g. request of sample/pre-contract statements 3. Existence of contract - date, type, parties, subject matter, consideration 3. Terms - express/specific implied 4. Claimant asserts performance of their side of contract e.g. provided goods/services. 6. Partial/purported performance of contract - what has been done and will limit points in dispute 7. Defendant's alleged breach AND PARTICULARISED 8. Factual consequences 9. damage and loss alleged AND PARTICULARISED 10.Interest claimed 7. Summary of relief (AND THE CL CL) 8. SoT

Question 33

What is included in BoC PoC that is not included in a specified debt claim?

Answer 33

- particulars of breach - factual consequences of breach - claim for loss and/or damage + particulars

Question 34

What is the difference between the breach alleged and the particulars of breach in a PoC for BoC?

Answer 34

Breach alleged: general e.g. The D breached clause 65.1 of the Service agreement / In breach of the implied terms, D did not carry out the services of Xx with reasonable care and skill Particularise: details of exactly what the claimant alleges D did wrong or itemised e.g. - the binding agent used when printing the books was only 45% of full strength - the laminate covering of the books was wrinkled

Question 35

In what cases can interest for negligence be claimed?

Answer 35

If remedy sought is either - damages - debt repayment but only if claimed

Question 36

For BoC how is interest claimed?

Answer 36

3 ways: 1. contract specifies a rate of interest payable on outstanding sum 2. If no provision for interest in contract, claim under LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998. 3.court discretion under s35A SCA 1981 or s69 CCA 1984

Question 37

What does the LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 do?

Answer 37

Give the claimant a statutory right to interest on COMMERCIAL debts that are paid late with a small amount of statutory compensation for inconvenience of recovering debt

Question 38

What does the LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 apply to?

Answer 38

- Not to unspecified damages claims by a consumer - Not to specified debts owed by a consumer

Question 39

What is the rate of interest payable under the LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 ?

Answer 39

8% per anum above BoE base rate on date debt became due for payment

Question 40

What must be included for the interest owed for a specified claim?

Answer 40

Specified - interest must be precisely calculated as a lump sum for the amount accrued from BoC to date of issue of proceedings plus DR to give updated total

Question 41

How do you work out interest lump sum for specified claims?

Answer 41

1. work out number of days owed interest (BoC- date of issuing proceedings) 2. Work out daily rate £ ([sum owed] x [interest rate %] / 365 rounded down) 3. Number of days calculated in (1) x £[daily rate] calculated in (2) 4. DR added to balance for each day that passes until judgment awarded

Question 42

In negligence claims, when is interest usually awarded from?

Answer 42

When the loss was suffered