How to Draft Particulars of Claim

Introduction

Particulars of claim set out the facts and legal basis of a civil claim in the courts of England and Wales. They tell the defendant what is alleged and what the claimant wants the court to order. Getting this document right matters: it shapes the scope of the dispute, frames disclosure and evidence, and can affect case management directions and outcomes.

This guide explains what the Civil Procedure Rules (CPR) require, how to structure your pleading, and what to include for common claim types. You will also find worked examples, practical drafting tips, and a quick-reference table of key rules.

What You’ll Learn

• What the CPR and Practice Directions require in particulars of claim (CPR 16, PD 16, CPR 22)
• How to structure parties, facts, causes of action, loss, interest, and remedies
• When to attach or serve a contract, schedules of loss, and other supporting material
• How to draft for common claims: breach of contract, negligence, nuisance (injunction), and a note on employment tribunal particulars
• Statement of truth rules: who signs, wording, and risks of false statements
• Filing and service timelines, including interest particulars and common pitfalls to avoid
• Plain-English drafting habits that keep your claim clear, concise, and compliant

Core Concepts

What the CPR Require

• CPR 16.2 and 16.4: Particulars of claim must set out a concise statement of the facts on which the claimant relies and state the remedy sought. If claiming interest, specify the basis and period.
• Practice Direction (PD) 16:
  • Written contracts: state that the agreement was written, give the date and parties, and attach or serve a copy (or explain why you cannot) and set out the material terms (para 7.3–7.5).
  • Personal injury: include details of the injuries and a statement of value; attach a schedule of loss and serve any medical reports when available (para 4.1–4.3).
  • Consumer credit and other specialist claims: include the prescribed particulars where applicable.
• Interest:
  • CPR 16.4(2): state the basis (statute, contract, or otherwise), the rate, the period, and (if daily interest is claimed) the daily rate.
  • Statutory interest for County Court claims is generally under s.69 County Courts Act 1984.
• Remedies: specify damages, injunction, specific performance, declarations, or other orders being sought. Be precise about any injunction terms.

Structuring Your Pleading

• Caption: court, claim number (if issued), parties’ names, and the document title “Particulars of Claim”.
• Parties and capacity: full names, addresses, and any special capacity (e.g., litigation friend, executor, company details).
• Background facts: short, numbered paragraphs in chronological order. Stick to facts; avoid argument and adjectives.
• Causes of action: set out the legal basis under clear headings (e.g., “Breach of Contract”, “Negligence”). Identify duty/terms, breach, causation, and loss.
• Particulars of breach and damage: use “Particulars of…” sub-paragraphs for clarity.
• Remedy and interest: state the orders sought and the interest particulars.
• Schedules and attachments:
  • Contract claims: attach or serve a copy contract/schedule of terms per PD 16.
  • Money claims: attach a schedule of loss and any calculation methodology.
  • PI claims: include injury details and serve medical evidence when available.

Statements of Truth and Verification

• CPR 22 and PD 22: particulars of claim must be verified by a statement of truth.
• Standard wording for an individual: “I believe that the facts stated in these Particulars of Claim are true.”
• For a company: “The claimant believes that the facts stated in these Particulars of Claim are true. I am duly authorised to sign this statement.”
• Who signs: the party or their legal representative (if signed by a legal representative, they confirm authority).
• Consequences: a false statement of truth may lead to contempt proceedings, costs sanctions, and damage to credibility.

Filing, Service, and Timing

• Serving particulars:
  • Serve with the claim form or within 14 days after service of the claim form (CPR 7.4(1)(b)), and in any event within the overall time limit for serving the claim form.
• After service:
  • The defendant has 14 days from service to file an acknowledgment of service (CPR 10) and 14 days to file a defence, extended to 28 days if an acknowledgment is filed (CPR 15.4).
• Method and address: use a permitted method (CPR 6) and the correct service address. Keep proof of service.
• Limitation: issue in time and do not let the particulars deadline slip beyond the claim form’s service period.

Key Examples or Case Studies

Breach of Contract (Software Development)

1. Parties

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

2. Background

   • On 1 January 2023, the parties entered into a written agreement for the development of bespoke software (“the Agreement”).
   • The Agreement required delivery by 1 July 2023 in consideration of a price of £50,000, which the Claimant paid on 1 January 2023.
   • The Defendant failed to deliver any software by 1 July 2023 and has not delivered since.

3. Breach of Contract

   • The Agreement is a written contract: date 1 January 2023; parties as above. A copy of the Agreement is attached/served. Alternatively, the material terms are set out as follows: scope, price, delivery date, and payment terms.
   • The Defendant failed to perform its obligation to deliver by 1 July 2023.

4. Loss and Damage

   • The Claimant has suffered loss including: (a) £50,000 paid to the Defendant; (b) additional costs of £20,000 incurred to source alternative software development services; (c) business interruption losses to be assessed.

5. Remedy

   • Damages for breach of contract of £70,000 or such other sum as the court thinks fit, plus interest.

6. Interest

   • Statutory interest under s.69 County Courts Act 1984 at 8% per annum from 1 July 2023 to judgment, being £[calculated amount] to date and continuing at a daily rate of £[amount].

Statement of truth follows.

Drafting tip: identify the contract and its key terms, say how the breach occurred, and show how you calculate losses. If you cannot attach the contract, explain why and set out the material terms per PD 16.

Negligence (Injury on a Public Footpath)

1. Parties

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

2. Background

   • On 15 August 2023 at about 10:00, the Claimant tripped on raised, uneven paving stones on the public footpath adjacent to Anytown Park and fell.
   • The defect had been present for a significant period. No warning signs or barriers were in place.
   • The Claimant sustained injuries and has been unable to work since the accident.

3. Cause of Action

   • The Defendant owed a duty to maintain the highway in a safe condition under s.41 Highways Act 1980 and/or a common law duty to take reasonable care.
   • The Defendant failed to repair the defect within a reasonable time and failed to warn pedestrians of the hazard.
   • The accident and injuries were caused by the Defendant’s breach of duty.

4. Loss and Damage

   • Particulars of injury: [brief description].
   • Past and future loss of earnings; medical expenses; care and travel costs; other special damages (schedule attached).

5. Remedy and Interest

   • Damages to be assessed. Interest on special damages from the date of loss and on general damages from the date of service (as the court decides).

Note: Depending on the status of the path, the occupier’s duty under the Occupiers’ Liability Act 1957 may also be pleaded in the alternative. Anticipate a potential s.58 Highways Act defence and gather evidence about inspection and repair regimes.

Employment Tribunal Particulars (Unfair Dismissal)

While “particulars of claim” is a court term under the CPR, employment claims use an ET1 and (if needed) additional particulars. The format is similar: concise facts, legal basis, remedy.

1. Parties

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

2. Background

   • Employed as Marketing Manager from 1 January 2020 to 15 September 2023.
   • Dismissed on 15 September 2023 for alleged poor performance without warnings or a fair process. No right of appeal was offered.

3. Legal Basis

   • Unfair dismissal under s.98 Employment Rights Act 1996: the Respondent had no fair reason and/or failed to act reasonably in treating poor performance as a sufficient reason, and failed to follow a fair procedure.

4. Remedy

   • Basic and compensatory awards, including loss of earnings and benefits, and an order for reinstatement or re-engagement.

Private Nuisance (Injunction)

1. Parties

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

2. Background

   • The Defendant operates a recycling plant adjacent to the Claimant’s home.
   • Excessive noise and odours are emitted, including overnight, causing substantial interference with the Claimant’s use and enjoyment of the property.
   • The Claimant has repeatedly requested mitigation, but the interference continues.

3. Cause of Action

   • The Defendant has caused a continuing private nuisance by unreasonable use of its land interfering with the Claimant’s amenity.

4. Remedy and Interest

   • An injunction restraining noise above [specified dB levels] and odours beyond the site boundary and requiring cessation of operations between [hours].
   • Damages for loss of amenity to be assessed, plus interest under s.69 County Courts Act 1984.

Drafting tip: be specific about the terms of any injunction sought so the order can be enforced.

Practical Applications

• Confirm limitation

  • Diary the limitation date and issue in good time. Do not delay serving the particulars; they must be served with or shortly after the claim form within the permitted period.

• Follow the relevant Pre-Action Protocol

  • Send a compliant letter of claim and consider ADR. Record any non-compliance by the other side for costs.

• Identify the correct defendant

  • Check legal names at Companies House, registered offices, and public authority details. If unsure, consider pleading in the alternative against multiple defendants.

• Gather and organise documents

  • Contracts, correspondence, invoices, photographs, medical reports, and wage records. Prepare a schedule of loss.

• Decide what to attach or serve with the particulars

  • Contracts in contract claims (PD 16).
  • Schedules of loss in money/PI claims.
  • Any key plans or measurements in property disputes.

• Draft in clear, numbered paragraphs

  • Keep it concise. Avoid argument, opinions, and emotive language. Use headings for each cause of action and “Particulars of…” sub-paragraphs for breach and damage.

• Plead interest properly

  • State the statutory or contractual basis, rate, period, and daily rate if claimed.

• Be accurate about remedies

  • For damages, state figures and methodology. For injunctions, define objective terms (timings, levels, boundaries). For declarations or specific performance, state the exact order sought.

• Sign the statement of truth

  • Ensure the correct signatory and exact wording. Keep a signed copy on file.

• Check service and timings

  • Serve by a permitted method at a valid address. Track dates for acknowledgment of service and defence.

• Anticipate defences and plead alternatives where needed

  • For example, contract and restitution; negligence and statutory duty. Do not plead inconsistent facts, but you may plead alternative legal bases.

• Final quality checks

  • Names and addresses correct, dates consistent, sums add up, attachments referenced, jurisdiction and track considered, court fee calculated.

Summary Checklist

• Concise facts, clear legal basis, and precise remedy
• Contract claims: attach or serve the contract or set out material terms (PD 16)
• Money claims: schedule of loss, calculation of interest, statement of value
• PI claims: injury details, losses, and medical evidence plan
• Interest: basis, rate, period, and daily rate (if applicable)
• Statement of truth: correct wording and signatory (CPR 22)
• Service: within deadlines and by a permitted method (CPR 6, 7.4)
• Limitation checked and diarised
• Pre-Action Protocol followed and ADR considered
• Plain-English drafting, numbered paragraphs, and consistent chronology

Quick Reference