Statement of case Definition

See All Glossary Terms

Related Glossary Terms

GLOSSARY

Published by a ��Ƶ Dispute Resolution expert

What does Statement of case mean?

Formal court documents setting out a party's case. They include claim form; particulars of claim; defence; reply to defence; Part 20 claims and further information under CPR Pt 18.

Statements of case mark out the parameters of the case that is being advanced by each party, stating concisely the general nature of each party's case, identifying the issues and the extent of the dispute between the parties. They must be attested to by a statement of truth.

View the related checklists about Statement of case

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...

Statements of case in the Commercial Court

This Practice Note sets out the specific requirements for preparing statements of case in the Commercial Court and considers the guidance on this set out in CPR 58, CPR PD 58 and the Commercial Court Guide. It considers information that is specific to proceeding in the Commercial Court and should be read in conjunction with:•non-court specific content on drafting or amending statements of case—see Practice Notes: Drafting statements of case, Claim form—the contents, Drafting the particulars of claim, Drafting the defence—formalities, Drafting the defence—drafting tips, Responding to a defence or counterclaim—reply to defence, defence to counterclaim and reply to defence to counterclaim, Admissions, Making an additional claim under CPR 20—counterclaim, Making a Part 18 request for further information, Amending a statement of case—introduction and costs and Statements of truth•other Commercial Court specific content on case management—see Practice Notes: Commercial Court—case management, Commercial Court—case management conference (CMC) and Commercial Court—list of common ground and issues•content on the disclosure scheme in the Business and Property Courts under CPR PD 57AD, where this is...

Time limits for filing and serving statements of case in England and Wales

This Practice Note sets out the deadlines/time limits for filing and serving statements of case in CPR 7 claims where the claim form is served in England and Wales. It covers the time for serving and filing various court documents being, the claim form, the particulars of claim, the acknowledgment of service, the defence, a counterclaim, a defence to a counterclaim and a reply. Guidance is also given on the consequences of failing to file or serve a statement of case on time. It does not cover the Admiralty courts which have their own rules.These time limits apply to claims started under CPR 7. For claims under CPR 8 (alternative procedure for claims where there is no substantial dispute of fact), see Practice Note: CPR Part 8 claims (alternative procedure for claims).Different provisions apply when dealing with statements of case in cross border disputes. For guidance, see Practice Note: Cross border disputes—timetable for statements of case.This Practice Note does not deal with the time limits for statements of case in...

Discover our 332 Practice Notes on Statement of case

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

Precedent instructions or brief to counsel

Precedent instructions or brief to counsel [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]] ] [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY OR THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST] ] Parties: [insert name] Claimant and [insert name] Defendant _______________________________________ [INSTRUCTIONS] [BRIEF] TO COUNSEL _______________________________________ 1 Documents Counsel will find enclosed copies of the following documents: 1.1 [list all relevant documents] 2 Background We, [insert name of solicitors] (the Instructing Solicitors), act on behalf of [insert name of client]. This matter concerns [insert details of dispute or claim].

Dive into our 18 Precedents related to Statement of case

In proceedings involving the Trusts of Land and Appointment of Trustees Act 1996, can evidence be struck out that has not been filed on time in line with directions? If so, does a formal application have to be made by the party wanting to strike out the evidence?

In proceedings involving the Trusts of Land and Appointment of Trustees Act 1996, can evidence be struck out that has not been filed on time in line with directions? If so, does a formal application have to be made by the party wanting to strike out the evidence? In civil proceedings, where a party does not disclose evidence in line with a disclosure order by the court, this may be a breach of the party’s disclosure duties. Guidance on such a failure can be found in Practice Note: Disclosure—parties' duties, in particular the section titled: Failure to comply with disclosure obligations, which considers (among other things): • whether a case will be struck out if a party fails to comply with its disclosure obligations • what happens if there are significant issues with a party’s disclosure

Where a company is a party to proceedings and has changed its name since issue, how do you reflect this name change on the court record when the underlying entity has remained the same?

Where a company is a party to proceedings and has changed its name since issue, how do you reflect this name change on the court record when the underlying entity has remained the same? When completing a claim form CPR PD 16, para 2.4 sets out naming requirements for different types of parties, including companies: • a company or LLP that is registered in England and Wales should be described by its full registered name including suffix (if any) eg Plc, Limited, LLP • any other company or corporation should be described by the full name by which it is known including suffix where appropriate For further guidance, see Practice Note: Claim form—the contents. It therefore appears irrelevant that the underlying entity has remained the same and, where the wrong party is named on the court record, steps should be taken to correct the party name. The rules governing when and how a statement of case may be amended are contained in CPR 17 and CPR PD 17. In addition,...

See the 120 Q&As about Statement of case

Financial Services weekly highlights—17 October 2024

This week's edition of Financial Services weekly highlights includes: PRA consults on restatement of assimilated law under UK CRR; FCA warns of rise in market abuse through regulated firms; BCBS publishes G20 progress report on 2023 banking turmoil and liquidity risk; plus dates for your diary over the coming week.

Minutes of the CPR Committee meeting—5 July 2024

Dispute Resolution analysis: The minutes of the CPR Committee (CPRC) meeting of 5 July 2024 (conducted in a hybrid format at The Rolls Building (Royal Courts of Justice) and via video conference) cover a number of issues including Alternative Dispute Resolution, the referral of parole cases to the High Court, amendments to CPR 25 (interim remedies and security for costs) and the small claims paper determination pilot scheme.

Read the latest 432 News articles on Statement of case

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.

Case studies

"I'm able to do more in the day, which means I'm providing more value to my clients - and it's helped my margins in terms of how much I can bill. ��Ƶ is helping me make money."

ParrisWhittaker

Access all documents on Statement of case

GET ACCESS NOW

Top

Trial

��Ƶ

GLOSSARY