• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Drafting particulars of claim (Property damaged by landlord)

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Drafting particulars of claim (Property damaged by landlord)

    Hi there,

    i'm taking a former commercial landlord to court for breach of the "torts interference of goods act 1977" i feel they have wrongfully interfered with property by damaging beyond repair and have lots of evidence of this fact.

    The struggle now is drafting the particulars of claim as i don't want to include the wrong information or not including enough.

    could anyone advise what needs including?

    Thanks in advance.
    Tags: None

  • #2
    Re: Drafting particulars of claim (Property damaged by landlord)

    There are several sub-headings under the heading of wrongful interference.

    Conversion: This can take a number of forms such as selling, detention, transfer, destruction etc.

    Trespass to goods: An example would be someone coming onto property without permission and taking those goods

    Negligence as to damage to the goods: The person has been negligent when the goods are in their possession resulting in damage

    Some of the heads of claim under wrongful interference may cross over with one another. For example, conversion and trespass to goods where the person went onto a property to take those goods. If there are multiple claims then you will need to make reference to them such as conversion by detention and trespass and/or negligence.

    You must make sure to number each paragraph of your claim where you wish to make a separate argument, and you could provide sub-headings for ease and signposting or you can simply number each paragraph its entirely up to you.

    I've attached a very simple way of setting out your particulars of claim below as an example to work from. You may also wish to explain the value of the goods within your claim to quantify your damages.




    Are you making a claim through MCOL or by other means?

    As I said previously there are certain things that should be included in the POC but that is a starting point for you to set it out, you will also need to explain whether you are xlaiming interest and include a statement of truth in there too, sign and date it. Those formalities can be done at the end and explain once you have drafted your main content.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      Re: Drafting particulars of claim (Property damaged by landlord)

      Thank you for your quick response.

      i'll be filing the claim through MCOL as all discussions with the landlord have come to nothing and i believe the goods have now been disposed of.

      Comment


      • #4
        Re: Drafting particulars of claim (Property damaged by landlord)

        Well you have two options through MCOL, you can put it in the POC box although it is extremely limited in words and you will need to be really concise, or there is a tick box at the top of the Particulars of Claim page that says if you wish to send a detailed particulars of claim in which case you have 14 days from the date of service of the Claim Form (deemed service is 5 calendar days after issue).

        Personally, unless the claim is statute barred, it might be best to hold off making the claim on MCOL until you are happy with your POC so you don't have to rush in sending it out on time. If you do send detailed particulars of claim you will also need to send a certificate of service.

        Have you sent a letter before action yet?
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment


        • #5
          Re: Drafting particulars of claim (Property damaged by landlord)

          The letter before action was sent weeks ago but they've chosen to ignore it.

          Comment


          • #6
            Re: Drafting particulars of claim (Property damaged by landlord)

            Well if that is the case then, you are correct in your next steps, just be sure if it is a company you are claiming against you get the correct name of it to avoid further costs to yourself.
            If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
            - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

            Announcement

            Collapse

            Support LegalBeagles


            Donate with PayPal button

            LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

            See more
            See less

            Court Claim ?

            Guides and Letters
            Loading...



            Search and Compare fixed fee legal services and find a solicitor near you.

            Find a Law Firm


            Working...
            X