How to Draft Particulars of Claim

Introduction

A particulars of claim is a formal legal document that initiates a civil claim within the legal system of England and Wales. It sets out the claimant's case, detailing the factual and legal basis for their claim against the defendant. This document serves as a crucial communication tool, informing the defendant of the specific allegations made against them and the remedy sought. Technical precision, field-specific terminology, and a clear understanding of legal principles are essential when drafting a particulars of claim. The document must meet certain requirements, including a concise statement of facts, identification of relevant legal issues, and precise remedy requests. This article explores the essential components, providing a clear understanding of its function and practical application.

Core Components of a Particulars of Claim

A properly constructed particulars of claim requires several key elements. Firstly, it must clearly identify the parties involved, including their names, addresses, and legal capacities. This ensures no confusion about who is initiating the claim and who is being sued. Secondly, the document must provide a detailed and chronological account of the facts giving rise to the claim. This narrative should be objective, using precise language devoid of conjecture or emotion. Thirdly, the document needs to identify the legal basis for the claim. This means referencing the specific laws or legal principles that the claimant alleges the defendant has violated. This also includes referencing precedent, legal rules or procedural steps using case names or statutory provisions. Finally, it must clearly specify the remedy sought, for instance, damages, an injunction, or a specific performance order. The claimant must be able to support all elements of the particulars of claim with appropriate evidence. Any omissions or vagueness may weaken the claimant's position.

Example: Breach of Contract

To illustrate, consider a case involving a breach of contract. A business, "Acme Corp," contracted with "Beta Solutions" for a software development project. The particulars of claim might contain the following:

1. Parties:

   • Claimant: Acme Corp, 123 Main Street, Anytown, England.
   • Defendant: Beta Solutions, 456 Oak Avenue, Othertown, Wales.

2. Background Facts:

   • On 1st January 2023, Acme Corp and Beta Solutions entered into a written contract for the development of a bespoke software package (Exhibit A).
   • The contract stipulated that Beta Solutions would deliver the software by 1st July 2023.
   • Acme Corp paid Beta Solutions £50,000 as per the contract terms.
   • Beta Solutions failed to deliver any software by the agreed date and has not provided any deliverables.

3. Legal Basis:

   • Beta Solutions is in breach of contract by failing to perform their contractual obligations under the agreement.
   • Acme Corp is entitled to claim damages for the breach, including costs incurred because of the lack of software.
   • Specifically, this amounts to a breach of contract under common law principles of contracts, and potentially a breach of express terms relating to delivery dates within the contract.

4. Remedy Sought:

   • Damages of £50,000 representing the costs paid, plus £20,000 as damages for losses directly attributed to the defendant's failure.
   • Interest on damages as permitted by the law.

This example demonstrates the structure and substance required in a particulars of claim related to breach of contract.

Essential Factual Details and Their Importance

The factual narrative within a particulars of claim is the foundation of the case. It is not just a chronological recounting of events but a strategic selection of information designed to build a persuasive case. Every factual assertion must be precise, relevant, and provable. Statements should be made clearly with appropriate dates, names, locations, and any material details. For example, if a claim relates to a tort of negligence, a particulars of claim must include specifics of the conduct that is alleged to have fallen below the expected standard. This might include descriptions of unsafe actions, failure to warn, or lack of adequate precautions, and the direct harm or loss that resulted from said conduct. Evidence of a duty of care and a breach of it must be clearly identified within the factual narrative. The detail will help to establish an initial view of the validity of the claim.

Example: Negligence Claim

Consider a case where a claimant has suffered personal injury as a result of a slip and fall in a public area. The particulars of claim would include:

1. Parties:

   • Claimant: John Doe, 14 High Street, Anytown, England.
   • Defendant: Local Council of Anytown, Town Hall, Anytown, England.

2. Background Facts:

   • On 15th August 2023, at approximately 10:00 AM, the claimant was walking along the public footpath adjacent to Anytown Park.
   • Due to a failure to maintain the area, the claimant slipped on an area of raised paving stones, which had been uneven for a significant period of time and had not been highlighted.
   • The raised paving stones were unmarked and clearly posed a risk to the general public.
   • The claimant fell causing severe injury and has been unable to work since.

3. Legal Basis:

   • The Local Council owed the claimant a duty of care to ensure the public footpath was reasonably safe for pedestrians. This would likely be a breach of general public safety.
   • The Local Council breached their duty by failing to maintain the footpath and to ensure public safety, resulting in foreseeable harm to the claimant.
   • As a direct result of the defendant's breach, the claimant suffered injury, lost income, and incurred medical expenses.

4. Remedy Sought:

   • Damages including costs of loss of earnings and medical expenses.
   • General damages to compensate pain and suffering.
   • Interest on damages as permitted by the law.

In such a case, the specifics of the incident are crucial in establishing liability, as is the link between the alleged breach of duty of care and the losses suffered. It is critical to establish the facts to such a high standard that would be expected by a newly qualified solicitor.

Identifying the Legal Basis of a Claim

Merely stating facts is insufficient; the particulars of claim must articulate the legal principles that give rise to the claim. This section identifies the specific statutes, common law rules, or equitable principles that support the claimant's case. For instance, in a claim for unfair dismissal, the particulars of claim must refer to the relevant sections of the Employment Rights Act 1996, specifying that there is a right to claim unfair dismissal and the test is whether the employer’s conduct and decision was “reasonable” under section 98 of the Act. The particulars should also outline how the employer’s actions failed to meet the criteria set by legislation or relevant case law. This connection between the factual narrative and the legal framework provides the necessary framework for the claim. As outlined by the reference material, each question will have five potential answers and it is important to show an understanding of what legal principle and rule may apply to a given scenario.

Example: Unfair Dismissal Claim

Consider an employee claiming unfair dismissal. The particulars of claim might include:

1. Parties:

   • Claimant: Jane Smith, 78 Park Lane, Anytown, England.
   • Defendant: ABC Company Ltd, 90 Business Park, Othertown, Wales.

2. Background Facts:

   • The claimant was employed by the defendant from 1st January 2020 to 15th September 2023, as a marketing manager.
   • On 15th September 2023, the defendant dismissed the claimant with immediate effect citing poor performance.
   • The defendant did not adhere to any disciplinary procedure, which is outlined in the contract between the claimant and the defendant.
   • The defendant did not allow a right to appeal, or put forward any reasonable justification for the dismissal.

3. Legal Basis:

   • The claimant's dismissal was unfair under Section 98 of the Employment Rights Act 1996.
   • The claimant was dismissed with no notice and without any prior warnings concerning poor performance.
   • The defendant’s actions were not in accordance with a fair dismissal procedure under the act.

4. Remedy Sought:

   • Compensation for unfair dismissal, including loss of earnings, and benefits.
   • Reinstatement or re-engagement is sought.

This example shows how legal principles are directly linked to the stated facts, creating a legally sound claim.

Specificity in the Remedy Sought

The final section of a particulars of claim specifies the precise remedy the claimant seeks. This section must be detailed and unambiguous. If damages are claimed, the specific amount and the basis for calculating that amount must be included. For example, a claimant may seek special damages, such as actual monetary losses, and general damages, such as pain and suffering in an injury claim. If an injunction is desired, the particular conduct to be restrained must be clearly stated. If specific performance is requested, the precise action the defendant must undertake should be specified. Failing to clearly define the relief sought may lead to an unsuccessful claim because the court must know the scope of the remedy to ensure it is within its powers to grant, and to ensure it is adequately clear.

Example: Injunction for Nuisance

Consider a claimant seeking an injunction to abate a nuisance. The particulars of claim could include:

1. Parties:

   • Claimant: Robert Jones, 34 River Road, Anytown, England.
   • Defendant: Green Recycling Ltd, 101 Factory Street, Othertown, Wales.

2. Background Facts:

   • The defendant operates a recycling plant adjacent to the claimant's property.
   • The plant operates 24/7, with excessive noise levels.
   • The operation of the plant generates excessive noise and odours, causing a substantial interference with the claimant's quiet enjoyment of their property.
   • The defendant has failed to take reasonable steps to mitigate these issues despite repeated requests by the claimant.

3. Legal Basis:

   • The defendant is causing a nuisance that interferes with the claimant’s right to enjoyment of their property under common law principles.
   • The claimant has suffered material inconvenience and distress as a result of the defendant’s actions.

4. Remedy Sought:

   • An injunction requiring the defendant to cease the excessive noise and odours and cease their operation overnight.
   • Damages for the inconvenience and distress caused, with the amount to be determined.
   • Interest on damages as permitted by the law.

This example illustrates how specific remedies like injunctions must be detailed for a court to understand their scope and necessity.

Conclusion

Drafting an effective particulars of claim requires careful attention to detail, adherence to legal principles, and a clear understanding of desired outcomes. The document must articulate a coherent story through a factual narrative and also link it to the appropriate legal principles, using authoritative citations to ensure its strength. Specificity is crucial in all areas including the parties, facts, legal basis, and desired remedy. By following these guidelines and referencing examples, practitioners and individuals can create a strong foundation for their civil claims within the legal framework of England and Wales. The document must be approached with the same level of professional competence that a newly certified solicitor is expected to have. This attention to technical detail and legal substance will lead to the success of a claim.