What Are the Particulars of a Claim in the UK?

As a business entering into a dispute, it is important to understand how to serve the particulars of a claim, and how to respond to a claim. The particulars of a claim will set out the grounds on which the claimant’s case is being served. These should also be used prior to alternative dispute resolution.

Serving the particulars of a claim activates a procedural timetable. This shows the other party that the claimant is ready to take the case to court. This article will outline some of the key points to include if you are looking to serve the particulars of a claim, as well as advice on how to deal with being served a claim. 

What are the Particulars of a Claim?

The particulars of a claim (sometimes referred to as ‘pleadings’) are a concise statement of the grounds on which the claimant’s case is based. The claimant is the party bringing a claim to court. The claim form will often contain the particulars. However, they may sometimes be in a separate document altogether. 

The purpose of the particulars of a claim is to inform the defendant of the case and what they have to defend at its early stages. As such, the particulars of a claim will set out the facts that constitute the causes of action. The causes of action refer to the fact or facts that enable the claimant to bring an action against the defendant. The claimant must state all of the facts that are necessary to form the complete cause of action against the defendant. They must also give the defendant enough information for them to understand the case the claimant is bringing against them. In addition, the particulars of a claim must set out the remedies the claimant is seeking. 

What Would Make the Particulars of a Claim Inadequate?

If the particulars of a claim are inadequate, a court can strike out the claim altogether. A claim might be inadequate if:

• the claim is so unclear that the defendants cannot understand the case against them;
• the defendants have to incur unnecessary expenses to respond to the allegations because the claim is not clear enough; or 
• if the courts will be unsure as to the case what they have to decide;

If a claim is understandable but lacks the required amount of detail, a court might require amendment or clarification rather than completely striking the claim.

What to Include in the Particulars of a Claim?

When drafting the particulars of your claim, there are certain essential ingredients you must include. These include the:

• identity of the parties, including their full unabbreviated name;
• causes of action; 
• remedies you are looking for (though note that the court has the right to give any remedy that it sees as appropriate, even if it is not requested in the claim form);
• interest calculations as part of the claim;
• material facts of any allegations;
• alternative possibilities of facts;
• loss and damage that the claimant has suffered; and
• view as to whether the parties have complied with the relevant Pre-Action Protocol. 

If you are in a business dispute, it is likely that your claim involves a contract. In a contract claim, you should annex copies of the relevant written contracts between you and the other party. If you made your contracts orally or by conduct, then you should set out the precise words spoken or the conduct that you relied upon. 

Responding to the Particulars of Claim

You should structure your response slightly differently if you are responding to the particulars of a claim. You will want to include:

• whether you admit, deny, or require proof of each allegation made against you;
• the facts and grounds of your case (i.e. the defendant’s case), including any alternative versions of events; 
• the structure of your defence;
• reasons for denying specific allegations;
• your personal information,  for example, your date of birth and address;
• any defences about limitation periods, in other words, a defence that the claimant is time-barred from bringing their claim;
• any defences of contributory negligence, illegality, or failure to mitigate loss.

On the whole, a defendant’s application in a particular of claims is structured in a similar way to a claimant’s statement – both parties are ultimately letting each other know the grounds of their claim and what they will rely on. 

This is an important aspect of the early stages of litigation. You should seek professional legal advice if you are serving or someone is serving you with the particulars of a claim.

Key Takeaways

The particulars of a claim are a statement that outlines the details of a legal claim that a party is making. It will involve the relevant facts that make up the grounds of the claimant’s case. A defendant’s response will work in a similar way, and outline relevant points to the litigation. 

If you are at this stage of your litigation, it is important that you are guided by professional legal advice. Failure to comply with procedural rules could result in a court taking a less favourable approach to your claim. For example, this could include late service of your statement (outlined in the Civil Procedure Rules),

If you have any questions about the claim process, LegalVision’s experienced dispute lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.

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