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As the Claimant in what was originally an MCOL case, I recently attended County Court for the Defendant's application for judgement in default to be set aside, which was successful.
The DJ realised that there were wider issues to my claim than just the money being claimed in my original application, so he has now ordered for me to submit better particulars of claim to give me the opportunity to present these matters to court.
I've read through the Handbook for Litigants in Person and also this thread on a similar subject https://legalbeagles.info/forums/for...of-claim/page4
I have now drafted the better POC, but just wanted to check a few points before I submit if someone would be kind enough to respond please?:
1. In line with the handbook guidance, I've kept the POC as brief as possible and limited this to the following sections using numbered paragraphs throughout, am I missing anything?
a) Introduction - who the Claimant and Defendant are, their relationship and contractual obligation
b) Summary of Events - keeping this as brief as possible to factual events and avoiding any legal arguments
c) Particulars of Breach - what express and implied breaches of contract and failures to comply with covenants have taken place
d) Losses - specific losses that have been suffered
e) Reliefs - specific reliefs being sought in respect of the losses suffered - specific performance of contractual obligations, damages for financial losses, interest relating to these, costs already accumulated
f) Statement of truth
2. Within the Losses section, should I list Interest and Costs to Date as items, or just put these into the Reliefs?
3. Witness Statements - will these be requested by the court at a later stage e.g. following case management directions?
4. Legal arguments including case law precedents - should these be included within the Witness Statements at the later stage?
Thank you.
The DJ realised that there were wider issues to my claim than just the money being claimed in my original application, so he has now ordered for me to submit better particulars of claim to give me the opportunity to present these matters to court.
I've read through the Handbook for Litigants in Person and also this thread on a similar subject https://legalbeagles.info/forums/for...of-claim/page4
I have now drafted the better POC, but just wanted to check a few points before I submit if someone would be kind enough to respond please?:
1. In line with the handbook guidance, I've kept the POC as brief as possible and limited this to the following sections using numbered paragraphs throughout, am I missing anything?
a) Introduction - who the Claimant and Defendant are, their relationship and contractual obligation
b) Summary of Events - keeping this as brief as possible to factual events and avoiding any legal arguments
c) Particulars of Breach - what express and implied breaches of contract and failures to comply with covenants have taken place
d) Losses - specific losses that have been suffered
e) Reliefs - specific reliefs being sought in respect of the losses suffered - specific performance of contractual obligations, damages for financial losses, interest relating to these, costs already accumulated
f) Statement of truth
2. Within the Losses section, should I list Interest and Costs to Date as items, or just put these into the Reliefs?
3. Witness Statements - will these be requested by the court at a later stage e.g. following case management directions?
4. Legal arguments including case law precedents - should these be included within the Witness Statements at the later stage?
Thank you.
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