Particulars of claim Definition

GLOSSARY

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What does Particulars of claim mean?

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.

View the related checklists about Particulars of claim

Considerations when dealing with litigants in person—checklist

Considerations when dealing with litigants in person—checklist Issue Comment Link to Lexis+® UK guidance/external links To what extent is a represented party required to assist a litigant in person? A legal representative’s paramount duty is to the court and to the administration of justice. Subject to that, the legal representative’s duty is to the client. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceThe Law Society—Litigants in person: guidelines for lawyers, paras 7–9Legal Services Act 2007, s 1(3) A legal representative must not abuse their position by taking unfair advantage of a litigant in person but there is no obligation to help a litigant in person run their case or to take any action on a litigant in person’s behalf. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceSRA Code of Conduct for Solicitors, RELs and RFLs, para 1.2SRA Code of Conduct for Firms, para 1.2The Law Society—Litigants in person: guidelines for lawyers, para 18 When exercising its powers of case management, the court must consider whether...

Probate claim procedure—table

Probate claim procedure—table This table provides an outline of the procedure where there is a probate claim. For further guidance, see: Practice and procedure—contentious trusts and estates—overview and Probate actions (probate claims)—overview. Action CPR Issue of claim form If Claimant is a child or protected party follow CPR Part 21 in relation to appointment of litigation friend. CPR 21.1–CPR 21.6 Claimant prepares claim form (Form N2), with a copy for filing and further copies for service on each Defendant. CPR 7.2, CPR 57.3 Claim form must contain a statement of the nature of the interest of Claimant and of each Defendant in the estate of the deceased to which the claim relates. CPR 57.7(1) Particulars of claim may be contained in claim form (or served separately (see below)). CPR 7.4(1)(a) If the proposed claim is for revocation of grant: Every person who is entitled or claims to be entitled to administer the estate of the deceased under an unrevoked grant of probate of the Will or letters...

UK design infringement action—flowchart

UK design infringement action—flowchart This Flowchart provides an overview of a UK design infringement action. The specific right relied on could be one of the following design rights which coexist in the UK: • UK registered designs (including re-registered designs) • UK unregistered designs (sometimes referred to as ‘design right’) • supplementary unregistered designs For more information about these rights, see Practice Note: UK registered and unregistered designs. Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Infringement of UK registered and unregistered designs • Design disputes—a practical guide • How to run an IP dispute • Copyright in designs • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme • Disclosure scheme—when and where it applies Claim preparation and pre-action matters—Precedent • Timetable for disclosure—Business and Property Courts disclosure pilot Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Stage 2—Letter before action...

Passing off—flowchart

Passing off—flowchart Passing off action Passing off is a common law action that is used to protect unregistered trade mark rights in the UK. The stages of the Flowchart cover establishing a claim for passing off covering: • the three essential elements of goodwill, misrepresentation, and damage • sending a letter of claim, issuing proceedings and applying for an injunction • commencing proceedings in the general Intellectual Property List or the Intellectual Property Enterprise Court sub-list in the Business and Property Court, in the Chancery Division at the High Court • case management including allocation, the case management conference and directions • disclosure and evidence including inspection, additional disclosure and survey evidence • trial preparation and post-trial activities such as election between damages or an account of profits • applications to appeal Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Passing off—goodwill, misrepresentation and damage • Trade mark and passing off disputes—a practical guide • How to run an IP dispute...

Professional negligence claims—Will drafting

Professional negligence claims—Will drafting This Practice Note sets out the basis for professional negligence claims by disappointed beneficiaries against the draftsperson who drew up the relevant Will. Professional negligence claims In broad terms, in order to succeed in a negligence action a claimant must show that the: • defendant owed a duty of care to the claimant • defendant breached their duty by an act or omission • loss for which the claimant seeks damages was caused by the act or omission, there is a sufficient nexus between the loss and the act or omission and the loss is not too remote • loss is not vitiated by another factor such as a failure to mitigate Any claim must also be brought within the relevant limitation period. For further details, see Checklist: Professional negligence claim—scope of duty, causation and remoteness and Practice Note: Bringing a professional negligence claim based on the duty in contract, tort and equity (available subject to subscription). The duty of care Historic...

Bringing a professional negligence claim based on the duty in contract, tort and equity

Bringing a professional negligence claim based on the duty in contract, tort and equity This Practice Note considers the different legal bases for bringing a professional negligence claim, ie founding the existence of the professional’s duty to the claimant. Sometimes the question of whether a duty exists is bound up with questions as to the specific loss being sought to be recovered and thus the scope of the duty and related issues, for guidance on which see: Professional negligence claim—scope of duty, causation and remoteness—checklist and related content. For guidance on how to commence a professional negligence claim, see Practice Notes: • Starting a professional negligence claim—a practical guide • Pleading professional negligence claims—worked hypothetical examples and related precedents For guidance on the standard of care in professional negligence claims, see Practice Notes: • Standard of care in professional negligence claims • Standard of care—solicitors and barristers Guidance on parties to professional negligence claims and the role of the Pre-Action Protocol for Professional Negligence claims includes...

Discover our 473 Practice Notes on Particulars of claim

Order for strike out for failure to comply

Order for strike out for failure to comply Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST before [The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge] [insert name] dated: [insert date] Between [insert name] Claimant / [Applicant OR Respondent] and [insert name] Defendant / [Applicant OR Respondent] _______________________________________ [ Draft ] Order for strike out for failure to

Drafting notes for section 8 notice seeking possession of property let on an assured tenancy (AT) or an assured shorthold tenancy (AST)

Drafting notes for section 8 notice seeking possession of property let on an assured tenancy (AT) or an assured shorthold tenancy (AST) These drafting notes are to be used by a landlord when preparing to serve a notice pursuant to section 8 of the Housing Act 1988 (HA 1988) to seek possession of a dwelling let under an assured tenancy (AT) or an assured shorthold tenancy (AST) in England under one of the grounds set out in HA 1988, Sch 2 or an assured agricultural occupancy. How to use these drafting notes The section 8 notice should be in the following form: • Section 8 Notice for properties in England These drafting notes are for use in completing the section 8 notice only. Note that from 1 December 2022 ASTs, ATs and other forms of residential tenancies and licences of properties in Wales were replaced with occupation contracts under the Renting Homes (Wales) Act 2016. Existing ASTs and ATs became converted occupation contracts. For further guidance, see...

Dive into our 165 Precedents related to Particulars of claim

If a claimant receives negligent home care, is this considered clinical negligence?

If a claimant receives negligent home care, is this considered clinical negligence? Duty of care Duties to patients in contract: Butterworths Personal Injury Litigation Service [211] states: ‘Where a health professional undertakes private practice, a contractual relationship is likely to arise between the patient and the health professional. In the absence of an express term to the contrary, a term will be implied into that contract that the service will be performed with reasonable care and skill. In the case of private hospital treatment, most doctors undertake such services as independent contractors. Thus, for example, there may be separate contractual relationships in respect of the provision of nursing care, resident medical officers and laboratory services.’ Duties to patients in tort: Butterworths Personal Injury Litigation Service [215]: states: ‘A duty to exercise reasonable care and skill is imposed on a health professional who undertakes the tasks of diagnosis, advice or treatment. The duty exists independent of any contractual duty that may exist. The duty arises once the patient is accepted for...

The freeholder of a mixed use residential and commercial property would like to forfeit the lease on grounds of non-payment of rent. To start proceedings, is there a specific claim form and particulars of claim that needs to be used?

The freeholder of a mixed use residential and commercial property would like to forfeit the lease on grounds of non-payment of rent. To start proceedings, is there a specific claim form and particulars of claim that needs to be used? Where mixed use property is let to a tenant under one lease, the landlord cannot forfeit the lease by way of peaceable re-entry as section 2 of the Protection from Eviction Act 1977 (PEA 1977) provides that where any premises are let as a dwelling on a lease which is subject to a right of re-entry or forfeiture, it shall not be lawful to enforce that right otherwise than by proceedings in the court while any person is lawfully residing in the premises or part of them. This applies to mixed use premises as well as solely residential premises: Pirabakaran v Patel. It is therefore necessary for the landlord (unless the landlord is able to show that he believed and had reasonable cause to believe that the residential occupier...

See the 207 Q&As about Particulars of claim

PI & Clinical Negligence weekly highlights—7 November 2024

This week's edition of PI & Clinical Negligence weekly highlights includes an interim report and consultation on litigation funding published by the Civil Justice Council. We also include a new Precedent Particulars of claim for claims involving a failed dental implant. In addition, we have our usual round up of other news, cases and New Law Journal articles of interest.

Permission to serve out on libel claim set aside (Parish v Wikimedia Foundation, Inc)

TMT analysis: The defendant succeeded in its application to set aside an order granting permission to the claimant to serve his claim for libel on the defendant out of the jurisdiction. The court held that the original order should be set aside on three grounds: (1) the claimant had not established that England and Wales was clearly the most appropriate place in which to bring an action; (2) the claimant had committed egregious breaches of the duty of full and frank disclosure; and (3) the claimant has no real prospect of defeating a limitation defence. While the order already fell to be set aside on the first two grounds, the court went on to address the merits of the claim, in particular whether it was time-barred by virtue of the ‘single publication rule’ introduced by section 8 of the Defamation Act 2013 (DA 2013). The judge held that the Wikipedia page sued upon was substantially the same as an earlier version published on 10 January 2022, and therefore the claim...

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