• 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.

Amended Particulars of Claim

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

  • Amended Particulars of Claim

    Hello, I 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
    Tags: None

  • #2
    Post up the Order requiring you to amend - redacted
    Post up your amended POC - redacted
    Details of the issue that led to you issuing proceedings e.g. claim in contract, tort, or something else - i.e. the legal basis for your claim.

    Comment


    • #3
      Hello Efpom,

      Thanks for your prompt reply. I have uploaded redacted copies of both the Order and Amended PoC here. The exhibits run to 34 pages, so I have only included one that summarises my interpretation of the breaches of duty, plus evidence of causation and liability.

      The claim is in the tort of private nuisance and damages to my property by a neighbour (Point 1). My interpretation of the legal basis for the claim is set out at Points 5 in the Amended PoC.

      Many thanks
      horleyox
      Last edited by horleyox; 2nd September 2021, 13:57:PM.

      Comment


      • #4
        Read carefully the Order and abide by it
        Do NOT exhibit any documentary evidence in your amended POC

        I suggest the frame your POC as follows:
        1. The legal basis for the claim
        The claim is in tort and Breach of duty - The Defendant (D) is discharging rainwater that has collected on his property onto the claimants property. That state of affairs has caused and will continue to cause damage to the claimantís property. D is in breach of duty statutory duty as the Building Regs require that --- insert ref to regs

        b. Details of any alleged breaches of duty.

        C moved into his property in xsxx
        C noticed the problem
        C brought the problem to Dís attention
        D promised to remedy the problem
        C gave D time to do so
        D has failed to remedy

        c. Details of any damages sustained as a result of any breach.

        List out the damage

        d. The cost to remedy the breach and/or the value of any damages sustained
        It is for D to remedy at his cost C seeks an order that he do so quickly so as to prevent further damage
        C values the cost of remedial works to Cís property at XXX

        Comment


        • #5
          Thanks Efpom,

          That's very concise.

          I was trying to cover off some of the false assertions made in the current submitted Defence of the Defendants at the same time (redacted copy uploaded here).

          Would you advise not doing so?

          horleyox

          Comment


          • #6
            You MUST follow the terms of the Order. If you do not your claim will be struck out.

            Read CPR 16
            Get your amended POC filed - suggest you use the framework I supplied earlier, your choice of course.
            POC are brief details of claim, with the emphasis on brief!
            You do not argue your case at this point - that is for trial.
            Def is entitled to reply to your amended POC, with a new defence.

            Comment


            • #7
              Duly noted.

              Here is my updated version based on your framework.

              Please could you take a look and if considered ok I shall file today.

              Thanks again
              horleyox

              Comment


              • #8
                The other costs and fees referred to in point d. are a) an expert building surveyor's report, b) specialist legal counsel instructed only to deal with water discharging issues and c) the costs associated with an agreed-to and booked formal mediation session that the defendants reneged on without notice.

                I assume you may tell me these are not valid costs that can be re-claimed but they add up to more than £4k and account for the majority of the sum being claimed.

                horleyox

                Comment


                • #9
                  a) You claim for everything - it is for the Defendant to oppose quantum and the court to decide quantum. Be aware that the small claims track limit is 10k
                  b) "within their control to remedy" the problem. suggest substitute for 'remedy' the word 'cure'

                  Otherwise looks ok to me - you may wish to wait a day or two before filing to see if others comment.

                  Comment


                  • #10
                    Thanks Efpom.

                    I reduced my claim from £15k to less that half that so that I could opt for the small claims track. I learnt a costly lesson after arranging a pre-action disclosure hearing for this and related disputes with the same defendants. This was dismissed despite blatant contempt and dishonesty by both the defendants and their solicitors. The DJ was however kind enough to halve the defendants' solicitors £100 per minute cost assessment and gave me direction on what he thought I could go on to reasonably claim for with the evidence I already had to hand.

                    I've gone with 'resolve' rather than 'cure' if that's ok.

                    horleyox

                    Comment


                    • #11
                      Originally posted by efpom View Post
                      a) You claim for everything - it is for the Defendant to oppose quantum and the court to decide quantum. Be aware that the small claims track limit is 10k
                      b) "within their control to remedy" the problem. suggest substitute for 'remedy' the word 'cure'

                      Otherwise looks ok to me - you may wish to wait a day or two before filing to see if others comment.

                      Hello again Efpom,

                      The Amended PoC submitted to the Court in July with your assistance apparently "do not comply with the order", despite following the instructions line-by-line and including no supplementary assertions, evidence or exhibits.

                      I have been given a second chance, but no guidance on what was omitted or should have been included.

                      Unbeknown to me, in the meantime, the Defendants' solicitor made an application to strike out. I have asked for a copy of this application by way of service. I do not know (as Defendants) if they need to comply.

                      I have attached a redacted copy of the second Court Order received to submit further Amended PoC. Any further insight or guidance would be much appreciated, or any comments from others.

                      Looks like I'm on my last chance.

                      Many thanks

                      horleyox
                      Last edited by horleyox; 2nd September 2021, 13:58:PM.

                      Comment


                      • #12
                        ...and stand to lose money if the Defendants' legal costs are granted by the court, rather than recover my costs as a result of the valid claim!

                        horleyox

                        Comment


                        • #13
                          Originally posted by horleyox View Post
                          ...and stand to lose money if the Defendants' legal costs are granted by the court, rather than recover my costs as a result of the valid claim!

                          horleyox
                          Okay

                          1) You are in real difficulty if you dont sort this claim out.
                          2 it is an abuse of the court process to try and shoe horn your case into small claims
                          3 in any event small claims doesnt protect you on costs so you may as well sue for the whole bloody lot anyway.
                          4 my advice would be get a solicitor on board - i dont deal with this type of claim but i think you would benefit from some legal advice.


                          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


                          • #14
                            I agree with PT and you should consider elisting the help of a solicitor to help you draft and formulate your claim.
                            However, if that is something you don't want to do then you really need to tidy up the particulars of claim and set it out properly as there are key missing ingredients. I cannot comment on the merits or success of your claim but if I was in your position I would consider the following points:

                            1. Read PD5A of the CPR (see below).

                            Every document prepared by a party for filing or use at the Court must Ė
                            (1) Unless the nature of the document renders it impracticable, be on A4 paper of durable quality having a margin, not less than 3.5 centimetres wide,
                            (2) be fully legible and should normally be typed,
                            (3) where possible be bound securely in a manner which would not hamper filing or otherwise each page should be endorsed with the case number,
                            (4) have the pages numbered consecutively,
                            (5) be divided into numbered paragraphs,
                            (6) have all numbers, including dates, expressed as figures, and
                            (7) give in the margin the reference of every document mentioned that has already been filed.
                            2. Use headings to separate each section you need to address, for example see below.

                            - Summary of claim. Not always necessary but it does allow you to give a snapshot to the defendant and the court what your claim is about.

                            - The Parties. This is self explanatory and give an introduction of who each party to the claim is. Given that your claim relates to property damage, it would also be helpful to explain where each party resides and their addresses. For example:

                            1. The Claimants are the owners of the residential property [insert address] with the Land Registry title number XYZ.

                            2. The Defendants are neighbours adjacent to the Claimants who reside at [insert address] OR The Defendants are neighbours adjacent to the Claimants who are owners of the property [insert address] with the Land Registry title number XYZ.
                            - Relevant facts. This is where you need to describe the facts of the issues leading up to the claim, including any material facts about the nuisance, what you have done to resolve the nuisance (if any) and the defendant's response (if any).

                            - Legal Framework. This section is optional but it is helpful to include if you are relying on any statutory provisions, which I believe in your case are relying on the building regulations. May be worthwhile setting out here the specific provisions you are relying on.

                            - Breach of Statutory Duty. This is where you set out how or why the defendants are in breach of statutory duty with reference to the statutory provisions.

                            - Nuisance. As above, explain why or how the defendant's have caused a nuisance.

                            - Loss and damage. Explain the loss and damage suffered or caused by the defendant's negligence/nuisance. In terms of remedies you may want to think about whether your property has been de-valued as a result, or the cost of repair or some other remedy you think appropriate.

                            The court's order about a statement of truth is also out of date. You need to use the following statement of truth.

                            I believe that the facts stated in these Particulars of Claim are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
                            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


                            • #15
                              Originally posted by R0b View Post
                              I agree with PT and you should consider elisting the help of a solicitor to help you draft and formulate your claim.
                              However, if that is something you don't want to do then you really need to tidy up the particulars of claim and set it out properly as there are key missing ingredients. I cannot comment on the merits or success of your claim but if I was in your position I would consider the following points:

                              1. Read PD5A of the CPR (see below).



                              2. Use headings to separate each section you need to address, for example see below.

                              - Summary of claim. Not always necessary but it does allow you to give a snapshot to the defendant and the court what your claim is about.

                              - The Parties. This is self explanatory and give an introduction of who each party to the claim is. Given that your claim relates to property damage, it would also be helpful to explain where each party resides and their addresses. For example:



                              - Relevant facts. This is where you need to describe the facts of the issues leading up to the claim, including any material facts about the nuisance, what you have done to resolve the nuisance (if any) and the defendant's response (if any).

                              - Legal Framework. This section is optional but it is helpful to include if you are relying on any statutory provisions, which I believe in your case are relying on the building regulations. May be worthwhile setting out here the specific provisions you are relying on.

                              - Breach of Statutory Duty. This is where you set out how or why the defendants are in breach of statutory duty with reference to the statutory provisions.

                              - Nuisance. As above, explain why or how the defendant's have caused a nuisance.

                              - Loss and damage. Explain the loss and damage suffered or caused by the defendant's negligence/nuisance. In terms of remedies you may want to think about whether your property has been de-valued as a result, or the cost of repair or some other remedy you think appropriate.

                              The court's order about a statement of truth is also out of date. You need to use the following statement of truth.

                              I believe that the facts stated in these Particulars of Claim are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

                              Thanks R0b,

                              What you outline is somewhat different from the DJ's original guidance in the first court order requiring amended PoC, Efpom's help with this matter and this I have since trawled for online:

                              How do I prepare a particulars claim?
                              Content of particulars of claim
                              1. each statement put into paragraph.
                              2. use chronology of your dispute.
                              3. give explanation of relationaship between claimant and defendant, for example, agreement, contract etc.
                              4. explain what legislation is involved and why.
                              5. state that you rely on the provision of this legislation.
                              https://guide2law.com õ drafting-particulars-claim

                              I cannot feasibly use a chronology as the matter has been on-going for 4 years so there is just too much to include.

                              I'll have a bash at drafting something that conforms with PD5A and your framework and see how it holds together. If it doesn't, resorting to engaging a solicitor isn't a realistic economic option unless his/her fees can be recovered, given the amount being claimed

                              Thanks again.

                              horleyox

                              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
                              1 of 3 < >

                              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.

                              2 of 3 < >

                              SHORTCUTS

                              Pre-Action Letters
                              First Steps
                              Check dates
                              Income/Expenditure
                              Acknowledge Claim
                              CCA Request
                              CPR 31.14 Request
                              Subject Access Request Letter
                              Example Defence
                              Set Aside Application
                              Witness Statements
                              Directions Questionnaire
                              Statute Barred Letter



                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                              NOTE: If you receive a court claim note these dates in your calendar ...
                              Acknowledge Claim - within 14 days from Service

                              Defend Claim - within 28 days from Service (IF you acknowledged in time)

                              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
                              3 of 3 < >

                              Need Formal Help?




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

                              Find a Law Firm


                              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