Drafting Particulars of Claim

What are the particulars of a claim or POC? In simply words, particulars of claim is the description of your case that has to be set out in such a way that is crystal clear to the defendant, judge and all parties, the reason for the claim.

This document should give brief and enough information to know what case is. Draft of particulars of claim shouldn’t contain exhaustive account of all evidence. Some fact that is a proof of you position could be set out in later court form and documents.

Format of particulars of claim:

  1. Particulars of claim should have double space between the line, number of pages, each statement put into specific paragraph.
  2. Font: Times New Roman,  size: 12pt

Content of particulars of claim

  1. The name of claimant
  2. Name of defendant and nature of relation between parties.
  3. Number of small claim if you send particulars of claim separately
  4. What happened:
    • each statement put into paragraph.
    • use chronology of your dispute.
    • give explanation of relationaship between claimant and defendant, for example, agreement, contract etc.
    • explain what legislation is involved and why
    • state that you rely on the provision of this legislation
  5. Describe briefly what problem is. What paragraph of agreement or legislation was breached.
  6. Give explanation how this affects you and what is your losses if it take a place
  7. What remedies you are seeking by starting the small claim. Put exact cost. Where it necessary provide a draft court order on a separate sheet.
  8. Particulars of claim must be verified by a statement of truth of claimant(Part 22 CPR).

This format and content of particulars of claim could be used for all type of claims such as court injunction, claim for possession and etc.

Comrehensive list of statemen of case for Claimant based of CPR 16.4

1) Particulars of claim must include –

  (a) a concise statement of the facts on which the claimant relies;

  (b) if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);

  (c) if the claimant is seeking aggravated damages(GL) or exemplary damages(GL), a statement to that effect and his grounds for claiming them;

  (d) if the claimant is seeking provisional damages, a statement to that effect and his grounds for claiming them; and

  (e) such other matters as may be set out in a practice direction.

(2) If the claimant is seeking interest he must –

  (a) state whether he is doing so –

      (i) under the terms of a contract;

      (ii) under an enactment and if so which; or

      (iii) on some other basis and if so what that basis is; and

  (b) if the claim is for a specified amount of money, state –

      (i) the percentage rate at which interest is claimed;

      (ii) the date from which it is claimed;

      (iii) the date to which it is calculated, which must not be later than the date on which the claim form is issued;

      (iv) the total amount of interest claimed to the date of calculation; and

      (v) the daily rate at which interest accrues after that date.

(Part 22 requires particulars of claim to be verified by a statement of truth)

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