SAMPLE POC 4 STUDY GUIDE HUDDERSFIELD UNI 20TH OF AUGUST

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(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.
claimant would
normally seek to do this
where the contractual
interest rate is higher
than
the current statutory
interest rate, ie usually
8% pa in non-
commercial cases or 1%
pa above
base rate in commercial
cases.
Can claim a higher rate
of interest than the
statutory rate if the Late
Payment of Commercial
Debts (Interest) Act 1998
applies.
Can still seek statutory
interest under s 35A of
the SCA 1981 or s 69 of
the CCA 1984 in the
alternative, just in case
court refuses to award
interest under the
contract or the 1998 Act.
In the High Court this
would be under s 35A of
the SCA 1981 - county
court under s 69 of the
CCA 1984.
Page 99 – 102 for
example of particulars of
claim
Particulars of breach
and damage
particulars of the
breach of a contract or
tortious duty must
always be stated so that
the
defendant knows exactly
the manner in which he
is alleged to have been in
breach.
Detail of the claim for
damages is most
conveniently set out in
‘particulars of loss and
damage’ where each
head of damage is
itemised.
The relief or remedy
claimed must be
specifically stated in the
particulars of claim.
Traditionally repeated
in summary form
towards the end of the
particulars of claim,
immediately before the
date.
In a debt claim, the
summary will often
include the claim for the
amount of the debt, the
exact amount of interest
claimed up to the date of
issue of the proceedings
and the daily
rate of interest claimed
thereafter.
In a damages claim, it
will include the claim for
damages plus interest.
The statement of truth
If the particulars of
claim are not part of the
claim form itself, they
must be verified by a
statement of truth.
Practical points
There must be a link or
thread between the key
parts of the particulars of
claim. So, in a
breach of contract claim:
(a) the express and/or
implied terms relied on
must be the same ones
said to have been
breached by the
defendant;
(b) the factual
consequences of the
breach should be the
same ones said to
constitute
the damage and loss.
See page 103 for
example
SUMMARY: HOW
SHOULD YOU
APPROACH
DRAFTING
PARTICULARS OF
CLAIM?
Structure formalities:
PD 5A
Examples include:
(1) Paragraph 2.1
provides that statements
of case drafted by a legal
representative as a
member or an employee
of a firm should be
signed in the name of the
firm.
(2) Paragraph 2.2
includes that the
document should be
divided into numbered
paragraphs, with all
numbers, including
dates, expressed as
figures.
Content: PD 16
Examples include:
(1) If relying on
written contract: PD 16,
para 7.3 – a copy of the
contract or documents
constituting the
agreement should be
attached to or served
with the particulars of
claim.
(2) If relying on oral
contract: PD 16, para 7.4
– the particulars of claim
should set out the
contractual words used
and state by whom, to
whom, when and where
they were
spoken.
(3) Stating a claim for
interest: PD 16, para 3.7
(cross-referring to r
16.4(2)).
(4) Statement of truth:
PD 16, para 3.4.
General points
(1) Be as brief and
concise as possible.
Include only material
facts, but ensure all
material
facts are stated.
(2) State the case on a
point-by-point basis in
separate, consecutively
numbered paragraphs
and sub-paragraphs. So
far as possible, each
paragraph or sub-
paragraph should contain
no
more than one allegation.
(3) Put the facts in
chronological order,
unless it is inappropriate
to do so.
(4) Allege breach of
terms and/or duty, or loss
and damage, then follow
that with particulars
listed one by one in
separately numbered
sub-paragraphs.
(5) Use definitions
where appropriate.
(6) Refer to evidence
and law only where it is
proportionate and
necessary to help
particularise the case.
(7) Attach documents
only where it is
proportionate and
necessary to help
particularise the
case.
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