Civil claim procedures - Statements of case

Learning Outcomes

After reading this article, you will be able to explain the role and structure of statements of case in civil litigation. You will identify and apply the requirements for claim forms, particulars of claim, and defences. You will recognise the purpose of replies, counterclaims, and amendments. This knowledge will allow you to draft and review statements of case effectively for SQE2 assessment scenarios.

SQE2 Syllabus

For SQE2, you are required to understand statements of case from a practical and procedural standpoint. As you prepare for the exam, focus on:

• The definition and function of statements of case in civil proceedings.
• The required contents and format of claim forms, particulars of claim, and defences.
• Key rules for admissions, denials, non-admissions, counterclaims, replies, and amendments.
• The purpose and use of requests for further information.
• The importance of clear, structured pleadings for effective litigation practice.

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 document must be served to start a civil claim:
   1. Defence
   2. Particulars of claim
   3. Reply
   4. Counterclaim
2. In a defence, what is required when the defendant cannot admit or deny an allegation?
   1. Ignore the point
   2. Submit a non-admission and require the claimant to prove it
   3. Automatically admit the allegation
   4. Strike out the claim

3. What happens if a statement of case is not verified by a statement of truth?

4. True or false? The particulars of claim must always be included within the claim form itself.

Introduction

Statements of case are the formal legal documents that set out a party's case in civil procedure. They form the framework of litigation and specify the allegations being made, the facts relied upon, and the remedies sought. Clear and structured pleadings are fundamental for both advancing your client’s case and identifying disputed issues for trial.

Key Term: statements of case
The formal documents, including the claim form, particulars of claim, defence, reply, and counterclaim, that set out each party’s position in civil litigation.

Claim Form

Civil proceedings are started when the claimant issues and serves a claim form. This document notifies the defendant of the start of the litigation and provides basic details about the parties and the nature of the dispute.

Key Term: claim form
The formal document used to commence civil litigation, containing essential details such as the names and addresses of the parties and a brief outline of the claim.

The claim form must include:

• The full names and postal addresses of the claimant(s) and defendant(s).
• A concise statement of the nature of the claim.
• The remedy or relief sought (e.g., payment of money).
• The statement of value (required for claims involving money).
• A preferred court location for hearings.
• The claimant’s address for service of documents.
• A statement of truth verifying the facts.

If the claimant’s claim includes money, the value and any interest must be specified.

Particulars of Claim

The particulars of claim set out the detailed facts relied upon in support of the claim. This document may be included on the claim form or served as a separate document, but must be provided to the defendant no later than 14 days after service of the claim form.

Key Term: particulars of claim
A detailed statement setting out the specific facts, legal basis, and remedies for the claimant’s case.

The particulars of claim must include:

• A concise narrative of the facts relied on.
• The legal basis of the claim (e.g., breach of contract, negligence).
• Details of any interest claimed (basis and calculation).
• The remedy sought (damages or other relief).
• Reference to any documents relied upon as evidence.
• A statement of truth confirming the facts are true.

Worked Example 1.1

Becky issues a claim for unpaid invoices. The claim form is filed first, and the particulars of claim are served 7 days later. What must Becky’s particulars of claim include?

Answer:
Becky’s particulars of claim must set out the facts giving rise to her claim, the sum owed, details of any contractual or statutory right to interest, and confirm by a statement of truth that the facts are believed to be true.

Defence

Once served, the defendant must respond, usually by filing a defence. The defence is the defendant’s opportunity to address each allegation made by the claimant, indicating what is admitted, denied, or not admitted (and requiring proof).

Key Term: defence
The document in which the defendant sets out which of the claimant’s allegations are admitted, denied, or not admitted, as well as any positive case being advanced such as a set-off or counterclaim.

The defence must:

• Explicitly state, for each allegation in the particulars of claim:
  • Which are admitted.
  • Which are denied, with reasons and the defendant’s alternative version of events (if any).
  • Which are not admitted (i.e., the defendant cannot admit/deny them). The claimant must prove these.

If an allegation is not addressed, it is treated as admitted.

Admissions, Non-Admissions, and Denials

Each allegation in the particulars of claim should be addressed as follows:

• Admission: The allegation is accepted as true.
• Denial: The allegation is disputed. The defence must provide reasons and, if relevant, the defendant’s alternative facts.
• Non-admission: The defendant states they cannot admit or deny the allegation, putting the claimant to strict proof.

Worked Example 1.2

Zainab is defending a personal injury claim. She admits that the accident happened on her premises but denies responsibility. How should this be pleaded?

Answer:
Zainab should admit that the incident occurred, but deny liability, stating her reasons (e.g., she took all reasonable care). She must set out her version of events if different from the claimant’s account.

Counterclaim and Set-Off

Defendants may bring their own claim against the claimant in the same proceedings using a counterclaim, or reduce the claimant's claim by relying on a set-off.

Key Term: counterclaim
A claim brought by the defendant against the claimant, usually set out in the same document as the defence.

Reply to Defence

A reply is optional and used where the claimant wishes to respond to matters raised in the defence, particularly if it contains new issues or factual allegations.

Key Term: reply
An optional statement of case in which the claimant responds to new matters raised in the defence.

If the defendant files a counterclaim, the claimant must serve a defence to counterclaim within 14 days.

Requests for Further Information

If a statement of case is unclear or lacks detail, the opposing party may request further information (often called a "Part 18 Request"), seeking clarification or specific details.

Key Term: request for further information
A formal written request seeking clarification or additional details relating to another party’s statements of case.

Amendments to Statements of Case

Parties may need to amend statements of case because of errors, fresh evidence, or developments. Before the defence is served, amendments can be made without court permission. Afterwards, either written consent from the other party or the court’s permission is required.

Key Term: amendment
A change made to a statement of case, either with the other party’s consent or the court’s permission, after proceedings have started.

Statement of Truth

Every statement of case must be verified by a statement of truth, confirming that the facts stated are true. Failure to serve a statement of truth means the document cannot be relied on, and the court may strike it out.

Key Term: statement of truth
A declaration confirming the party believes the facts stated in the statement of case are true.

Key Term: set-off
A defence that reduces or extinguishes a claim, based on a cross-claim that arises out of the same or closely connected facts.

Key Term: admission
A positive acceptance that a particular fact alleged by the opposing party is true.

Structure and Good Practice

Statements of case should:

• Be clear, concise, and factual.
• Use numbered paragraphs.
• Deal with one point per paragraph.
• Properly address and respond to all allegations.
• Avoid evidence and argument—focus on relevant facts.

Worked Example 1.3

A defendant receives a particulars of claim with unclear details about the contractual breach alleged. What can the defendant do before drafting the defence?

Answer:
The defendant may serve a written request for further information under the Civil Procedure Rules, requesting clarification or specifics about the fact or breach. If the claimant does not respond, the defendant may apply to the court for an order.

Summary

Key Point Checklist

This article has covered the following key knowledge points:

• Statements of case are foundational documents in civil litigation, framing the scope of the dispute.
• The claim form commences proceedings, and must set out key party and claim details.
• The particulars of claim should narrate the essential facts and remedies sought, referenced to supporting documents.
• Defences must specifically address each point, stating admissions, denials (with reasons and alternative facts), or non-admissions.
• Parties must use statements of truth to verify the factual basis of their case.
• Amendments, replies, and further information requests help ensure fairness and clarity throughout proceedings.

Key Terms and Concepts

• statements of case
• claim form
• particulars of claim
• defence
• counterclaim
• reply
• request for further information
• amendment
• statement of truth
• set-off
• admission