Commencing a claim - Purpose, structure, and content of a claim form and particulars of claim

Learning Outcomes

This article explains the fundamental documents used to start civil litigation in England and Wales: the claim form and the particulars of claim. After studying this material, you will understand their respective purposes, the required structure and content according to the Civil Procedure Rules (CPR), and the significance of key components like the statement of truth. This knowledge is essential for applying procedural rules correctly in SQE1 assessments involving the commencement of claims.

SQE1 Syllabus

For SQE1, you need a practical understanding of how claims are initiated. This includes knowing the function and necessary components of both the claim form and the particulars of claim, as governed by the CPR. You must be able to identify the requirements for these documents in various scenarios.

As you revise this topic, focus on:

• The distinct purposes of the claim form and the particulars of claim.
• The mandatory information required for a valid claim form under CPR Part 7 and PD 7A.
• The detailed requirements for the content and structure of particulars of claim under CPR Part 16 and PD 16.
• The significance and requirements of the statement of truth (CPR Part 22).
• The relationship between these documents and the initial stages of case management, including allocation.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Which CPR Part primarily governs the content of the particulars of claim?
   1. Part 7
   2. Part 16
   3. Part 22
   4. Part 26

2. True or false? The claim form must always contain the full particulars of claim.

3. What is the purpose of the statement of truth on a claim form or particulars of claim?

4. Identify one key difference between the information required in the 'brief details of claim' section on the claim form and the 'detailed statement of facts' in the particulars of claim.

Introduction

Commencing legal proceedings formally requires adherence to specific procedural rules outlined in the Civil Procedure Rules (CPR). The initial stage involves drafting and issuing two foundational documents: the claim form and the particulars of claim. While the claim form officially starts the legal action, the particulars of claim provide the detailed substance of the claimant's case. Understanding the distinct roles, structure, and mandatory content of these documents is important for any prospective solicitor preparing for the SQE1 examination. This article breaks down these requirements as stipulated by the relevant CPR provisions.

The Claim Form (CPR Part 7)

The claim form (usually Form N1) is the document that formally commences court proceedings when issued by the court (CPR 7.2). Its primary function is to notify the defendant(s) that a claim has been initiated against them and to provide the court and the defendant with essential preliminary information about the dispute.

Key Term: Claim Form
The court document, governed primarily by CPR Part 7, that initiates legal proceedings when issued by the court.

Accuracy in completing the claim form is essential. Errors can lead to delays or even the court refusing to issue the claim.

Key Components of a Claim Form (PD 7A)

The claim form must include specific information to be valid:

1. Parties' Details: Full names and addresses of both the claimant(s) and defendant(s) must be provided (PD 16 para 2.1-2.5). Correct identification is essential, especially regarding the defendant's legal status (e.g., individual, company, partnership).
2. Brief Details of Claim: A concise summary of the nature of the claim (e.g., 'Claim for damages for breach of contract dated 1st May [Year]') and the remedy sought (e.g., 'damages', 'an injunction') (CPR 16.2(1)(a)-(b)). This section helps the court and defendant understand the essence of the dispute quickly.
3. Statement of Value: The claimant must state the financial value of the claim (CPR 16.3).
   • For a specified sum (debt), the exact amount is stated.
   • For an unspecified sum (e.g., damages), the claimant must state whether they expect to recover 'not more than £10,000', 'more than £10,000 but not more than £25,000', or 'more than £25,000'. If unable to specify, they state 'I cannot say how much I expect to recover'. Different thresholds apply for personal injury claims. This valuation influences track allocation (CPR Part 26).
4. Preferred Hearing Centre: The claimant should indicate their preferred County Court hearing centre if the claim is issued in the County Court Money Claims Centre (CCMCC) but may require a hearing elsewhere.
5. Defendant's Address for Service: The address where the defendant agrees to accept court documents. This may be their solicitor's address if confirmed in writing.
6. Amount Claimed Summary: A box summarising the monetary amount claimed, court fee paid, and any fixed costs claimed.
7. Statement of Truth: The claim form must be verified by a statement of truth signed by the claimant, their litigation friend, or their legal representative (CPR 22.1).

Issuing the Claim Form

Proceedings commence when the court issues the claim form at the claimant's request (CPR 7.2(1)). This involves the court sealing the form and assigning a claim number. The date of issue is important for limitation purposes.

Particulars of Claim (CPR Part 16)

While the claim form initiates the action, the particulars of claim (PoC) set out the detailed factual and legal basis upon which the claimant relies (CPR 16.4). This document must provide sufficient detail for the defendant to understand the case they need to answer.

Key Term: Particulars of Claim
The statement of case detailing the factual and legal basis of the claimant's claim, governed primarily by CPR Part 16.

The PoC can either be included within the claim form itself (if concise) or, more commonly for complex claims, served as a separate document. If served separately, it must be served either with the claim form or within 14 days of service of the claim form, provided this is still within the 4-month validity period of the claim form (CPR 7.4).

Content Requirements for Particulars of Claim (CPR 16.4 & PD 16)

1. Concise Statement of Facts: A detailed narrative of the material facts relied upon, presented clearly and chronologically, usually in numbered paragraphs (CPR 16.4(1)(a)). This must establish the necessary elements of the cause(s) of action.
2. Legal Basis: While not requiring exhaustive legal argument, the PoC should make clear the legal basis for the claim (e.g., breach of specific contractual terms, elements of negligence).
3. Consequences: Explain what happened as a result of the alleged breach or tort.
4. Loss and Damage: Specify the loss and damage allegedly suffered, providing calculations or particulars where possible. For unspecified damages claims, this involves detailing the types of loss.
5. Interest: If interest is claimed, the basis (contractual or statutory, e.g., s.35A Senior Courts Act 1981 or s.69 County Courts Act 1984) and the calculation details (rate, period, amount accrued, daily rate) must be stated (CPR 16.4(1)(b), 16.4(2)).
6. Remedy Sought: Clearly state the specific remedy or relief sought from the court (e.g., 'Damages', 'An injunction restraining the Defendant from...').
7. Specific Allegations: Certain matters, if relied upon (e.g., fraud, illegality, misrepresentation), must be specifically set out (PD 16 para 8.2).
8. Statement of Truth: Like the claim form, the particulars of claim must be verified by a statement of truth (CPR 22.1).

Worked Example 1.1

A claimant is suing for damages resulting from a breach of contract for the supply of defective goods worth £15,000. The claimant also incurred £2,000 in costs attempting to repair the goods. Where should the claimant state the detailed breakdown of these losses?

Answer: The detailed breakdown of the £15,000 cost of goods and the £2,000 repair costs, explaining how these losses arose from the alleged breach, should be set out in the particulars of claim. The claim form would state the expected recovery value (likely 'more than £10,000 but not more than £25,000') and briefly mention 'damages for breach of contract'.

Worked Example 1.2

A claimant serves a claim form indicating 'Particulars of claim to follow'. The claim form was deemed served on Monday 4th March. What is the latest date the claimant can serve the separate particulars of claim?

Answer: The claimant has 14 days after service of the claim form to serve the particulars of claim (CPR 7.4(1)(b)). Counting 14 'clear' days from 4th March (excluding the 4th), the latest date for service is Monday 18th March, provided this is within 4 months of the claim form's issue date.

Exam Warning

Distinguishing between the function and content of the claim form and the particulars of claim is important. The claim form starts the action and gives basic details, while the particulars provide the full factual and legal case. Confusing their requirements is a common pitfall. Ensure you know which CPR Parts (7 and 16 primarily) govern each document.

Relationship with Pre-Action Conduct

The facts and issues detailed in the particulars of claim should align with the matters raised and information exchanged during the pre-action protocol period (governed by the Practice Direction – Pre-Action Conduct and Protocols, and specific protocols). The PoC effectively formalises the claim foreshadowed in the pre-action correspondence, such as the Letter Before Claim.

Revision Tip

When drafting or analysing particulars of claim, ensure every element of the chosen cause of action (e.g., duty, breach, causation, loss for negligence) is addressed by the pleaded facts. A failure to plead a necessary element can be fatal to the claim or part of it.

The Statement of Truth (CPR Part 22)

Both the claim form and the particulars of claim must be verified by a statement of truth. This is a mandatory requirement.

Key Term: Statement of Truth
A statement confirming that the party putting forward the document believes the facts stated in it are true, made in accordance with CPR Part 22.

The specific wording is prescribed (PD 22 para 2.1): '[I believe] [The Claimant believes] that the facts stated in this [name document being verified] are true. [I understand] [The Claimant 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 a statement of truth without an honest belief in its truth.'

It must be signed by the claimant, their litigation friend, or their legal representative (with specific authority and confirmations required if signed by the legal representative, PD 22 paras 3.7-3.8). Failure to verify a statement of case renders it potentially ineffective and may lead to it being struck out (CPR 22.2). Making a false statement verified by a statement of truth without an honest belief in its truth can lead to contempt of court proceedings (CPR 32.14).

Summary

Commencing a claim involves two key documents governed by the CPR:

Both documents require careful drafting to comply with the CPR and effectively present the claimant's case. The statement of truth is a mandatory component verifying the factual assertions made.

Key Point Checklist

This article has covered the following key knowledge points:

• The claim form (CPR Part 7) formally commences proceedings and contains essential preliminary details.
• The particulars of claim (CPR Part 16) provide the detailed factual and legal basis of the claimant's case.
• Accurate identification of parties, value, and remedy is essential on the claim form.
• Particulars of claim must include a concise statement of facts, establish the cause of action, detail loss and damage, and specify any interest claimed.
• Both documents must be verified by a statement of truth (CPR Part 22).
• Particulars of claim can be served with the claim form or within 14 days after service of the claim form (subject to the overall validity period of the claim form).
• Failure to comply with CPR requirements for these documents can have adverse consequences, including the claim being struck out.

Key Terms and Concepts

• Claim Form
• Particulars of Claim
• Statement of Truth