Drafting particulars of claim (Property damaged by landlord)

[Justdamo]

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.

[R0b]

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.

[Justdamo]

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.

[R0b]

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?

[Justdamo]

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

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

[R0b]

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.