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Particulars of Claim

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  • Particulars of Claim

    Hi Everyone, I have a received a letter from court stating my Particulars of claim are struck out, they have given me time ( not long ) to file and serve Particulars of Claim which must comply with CPR 16 and its Practice Direction.

    Can anyone please help I don't understand, I did serve a claim and a few weeks later served the Particulars of claim which I thought I was entitled to do.

    Any and all help will be gratefully received.

    TDB
    Tags: None

  • #2
    They disagree with what you put, or didn't put, in the PoC. Have you read CPR 16 ?

    Comment


    • #3
      Hi Ostell, Many thanks for your reply

      have read it and that's what troubling me, It's a Discrimination claim under the equality act 2010, I have cited that I needed to do and how it relates the the Act, but in this letter he is talking about Agreement by Conduct, the claim must specify the conduct relied on and state by whom when and where the acts constituting the acts and by whom and reference to the provisions of the equality act 2010

      Comment


      • #4
        Hello, I too have recently received a Court Order requiring me to submit amended PoC that comply with the requirements of CPR Part 16. The judge has kindly set out what it should include:

        a) The legal basis for the claim.
        b) Details of any alleged breaches of duty.
        c) Details of any damages sustained as a result of any breach.
        d) The cost to remedy the breach and/or the value of any damages sustained.
        e) A statement of truth.

        I have therefore re-drafted my original Particulars of Claim but am still not sure if they are completely compliant (e.g. what constitutes legal basis, breaches of duty) or if my claim will be struck-out as a result. That is what the defendants' solicitors have been pressing for (with costs) after submitting a wholly dishonest witness statement in defence of my claim on behalf of their clients. The claim is for a few thousand pounds in damages and was re-directed from MCOL to the Small Claim Track at my local county court last month.

        Would anyone qualified to do so be able and willing to check my 4-page Amended PoC for legal compliance and relevance? I could send it directly by email or anonymise, upload and post on here. I have tried and failed to get two local respected firms of solicitors to take the matter on and check it but both say their litigation teams are already working at full capacity. A sign of the times??

        Thanks
        horleyox

        Comment


        • #5
          Originally posted by horleyox View Post
          Hello, I too have recently received a Court Order requiring me to submit amended PoC that comply with the requirements of CPR Part 16. The judge has kindly set out what it should include:

          a) The legal basis for the claim.
          b) Details of any alleged breaches of duty.
          c) Details of any damages sustained as a result of any breach.
          d) The cost to remedy the breach and/or the value of any damages sustained.
          e) A statement of truth.

          I have therefore re-drafted my original Particulars of Claim but am still not sure if they are completely compliant (e.g. what constitutes legal basis, breaches of duty) or if my claim will be struck-out as a result. That is what the defendants' solicitors have been pressing for (with costs) after submitting a wholly dishonest witness statement in defence of my claim on behalf of their clients. The claim is for a few thousand pounds in damages and was re-directed from MCOL to the Small Claim Track at my local county court last month.

          Would anyone qualified to do so be able and willing to check my 4-page Amended PoC for legal compliance and relevance? I could send it directly by email or anonymise, upload and post on here. I have tried and failed to get two local respected firms of solicitors to take the matter on and check it but both say their litigation teams are already working at full capacity. A sign of the times??

          Thanks
          horleyox
          Hi there

          you really need to start your own thread on this case so that you dont hi jack the previous posters thread.

          I can check the POC for you but without a good understanding of the underlying case it will be difficult to know whether you have pleaded all of the issues correctly.
          I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

          If you need to contact me please email me on Ptilley@wannops.com .

          I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

          You can also follow my blog on consumer credit here.

          Comment


          • #6
            Originally posted by pt2537 View Post

            Hi there

            you really need to start your own thread on this case so that you dont hi jack the previous posters thread.

            I can check the POC for you but without a good understanding of the underlying case it will be difficult to know whether you have pleaded all of the issues correctly.
            Hello,

            Sorry, I had no intention of hijacking the other poster's thread; it simply appeared to be about very similar issues and I wanted to share the guidance given to me by the DJ.

            As you will see, I have since posted a new thread with the same content and also uploaded the necessary documents for review.

            If you would care to comment on my particular situation, that would be much appreciated.

            horleyox

            Comment

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