Drafting particulars of Claim...Advice required

[bluebottle]

Re: Drafting particulars of Claim...Advice required

re breach of contract v negligence

There is a hierachy of causes of action:

1. Best if possible is to argue breach of statutory duty eg breach of protection from harrasment act, breach of prevention of eviction act etc.

2. If this is not possible, use breach of contract, if a written agreement is relied on, attach a copy to your POC and state that you are relying on it.

3. Only if neither of these are availabel to you, shoudl you turn instead to a claim in the tort of negligence, which is defined as breach of a duty of care. In your POC you should argue that a duty of care was owed and why this was so.

If you post the whole POC but redacted it will be easier to give more advice.

From what I've seen of the PDF, the Protection from Eviction Act 1977 seems the most appropriate. It's the one we used more than anything else when I was in the police force. By the way, did you know the police can report landlords for process under the Protection from Eviction Act? The case normally gets passed to the local housing authority for processing on to hearing. In serious cases, a landlord can go down for up to two years.

[teej09]

Re: Drafting particulars of Claim...Advice required

I'm a litigant in person intending to file a claim against a Landlord for harassment. Can any of the members please point me in the right direction for some good examples of 'Particulars of Claim'. I have previously been threatened with 'strike out' in another case because my Particulars of Claim were not up to scratch. I'm now very weary of how I write the Particulars of Claim. I'd appreciate your help. Thank you.

I am in a similar position against also my Landlord, the difference is that my landlord is a local authority.

I have had my case suspended with the view in reinstating the case later this year if all fails, and if I wish to proceed with the claim. The reason for the suspension was due to my PoC being inconcise. I am trying to prepare a new PoC in order that my landlord understand my position; they are incalcitrant - they have now threatened me with costs if the claim is taken off the "stay."

I have had a barrister's opinion that it is a breach of contract - however, please could anyone advise me if repairs have been carried out by 75% by a report devised by an Expert, could this mean that my landlord can slide out of the other 25% agreed works? And, where does the chain of causative stop if the acts to date have been negligent including property damage and their acts
are continuing for the same reason that I brought the case to the courts.

@LegalBeagle:
I cannot open a PDF file. Can you download in another file format?

Any advice would be great - thanks.

[SpringerSpaniel]

Re: Drafting particulars of Claim...Advice required

The PEA is approproiate in these circumstances, but provides for criminal offences which cna be prosecuted via the police/CPS, or by environmental health.

s27 of the Housing Act 1988 provides a statutory tort of unlawful eviction, which can give rise to a civil ratehr than a criminal remedy which is more likely to compensate the victim and has a lower standard of proof. It can also be argued that the landlord is in breach of the covenants of the lease eg covenant for quiet enjoyment, covenant to repair.

[malilla]

Re: Drafting particulars of Claim...Advice required

I'm a litigant in person age 19 and i also suffer with duchenne muscular dystrophy a muscle wasting illness. I am intending to file a claim against Birmingham city council and their builder in the court of ECJ for breach of duty of care/negligence. and a separate claim for breach of statutory duty . Can any of the members please point me in the right direction for some good examples of 'Particulars of Claim'. I have previously been threatened with 'strike out' and it was finally struck out because i could not get help prior to attending the oral appeal hearing because my Particulars of Claim were not up to scratch. I'm now very weary of how I write the Particulars of Claim. I'd appreciate your help. Thank you.

[miliitant]

Re: Drafting particulars of Claim...Advice required

error

[SpringerSpaniel]

Re: Drafting particulars of Claim...Advice required

Malilla, your case may involve disability discrimination and hence breach of the Equality Act 2010. You may be able to get free help from the Disability Law Service or form a Law Centre www.lawcentres.org.uk. I think there is one in Brimingham.

[Judge Justice]

Re: Drafting particulars of Claim...Advice required

Dear Spaniel,
I am asking these questions regarding a contentious probate claim. i am in a situation where there is little alternative but to go to court. not having the £30-£100,000 ball park figure to fight the case with a barrister i am having to conduct the claim myself.

this would be an N2 form as well as the relevant forms to be served on the defendant.
the case involves fraud, forgery and lack of testamentary capacity as the testator suffered from atypical Alzheimer's and was delusional.
so upon testate i would be the sole beneficiary. i.e. im am challenging the will and require the executrix/s to prove due execution of the will.
the purported will is questionable to say the least. it is the signature of the witnesses that appear to have been forged.
as it is a fraud/forgery claim as i comprehend it, it would not be suitable for a supeonia or citation, but i do need the apparent executrix to bring in the will so i will be using practice direction 57.

i am having difficulty in making sure that i fill in the particulars of claim correctly as i don't wish to fall into the trap of basically writing a witness statement when it needs to be a particulars of claim. ie i hav eto keep it concise.
naturally i am aware that you do not know the full details of the case all cases are case specific.

i have investigated the case thoroughly as possible and i can show many areas where the individual concerned has conflicted their own words.
i have evidence from the Court of Protection as i was in the process of challenging an EPA when the testator died so the COP lost jurisdiction.

what i am looking for is advice and even better still a draft of a particulars of claim in a contentious probate matter so as to use it as a template.but i assume in essence they are similar in terms of setting out the facts.

the problem is that i have ALOT of documents/evidence. i went to the police but was rebuffed and told CIVIL SIR.....i have sought legal advice but due to the purported value of under £5000 makes it less likely that solictors will take on the case. however this estimate is false and i can show/indicate it to be so.
i have a handwriting report written by a document examiner which states that the executrix is the author of minimum of the first witness's signature.
i have gained further writing and in my opinion it would go even further in conclusively proving the case.

kind regards Judge Justice

[sistu]

Re: Drafting particulars of Claim...Advice required

Hi, this is my first post so apologies if I've sent it to the wrong thread.

I need advice on how to draft Particulars of Claim online through MCOL.

I was working as an IT support engineer for a client through an agency. The client terminated my contract without any reason given whatsoever. The contract that the agency supplied did not have details of assignment details form included in the contract. This contract therefore had no length of notice period stated in the contract.

I've had a Solicitor already prepare & send 2 letters claiming Breach of contract to the agency, who are denying any wrongdoing.

In order to take this claim to the next level I have signed up to the Money Claim Online service & wish to pursue the matter via the online service.

My issue is that I need help drafting my Particulars of Claim online. The online process only allows 1080 characters to be entered & I want to make sure the format of my POC is correct.

This process is new to me so any help or advice on the above would be greatly appreciated.

Thanks

[pt2537]

Re: Drafting particulars of Claim...Advice required

Hi, this is my first post so apologies if I've sent it to the wrong thread.

I need advice on how to draft Particulars of Claim online through MCOL.

I was working as an IT support engineer for a client through an agency. The client terminated my contract without any reason given whatsoever. The contract that the agency supplied did not have details of assignment details form included in the contract. This contract therefore had no length of notice period stated in the contract.

I've had a Solicitor already prepare & send 2 letters claiming Breach of contract to the agency, who are denying any wrongdoing.

In order to take this claim to the next level I have signed up to the Money Claim Online service & wish to pursue the matter via the online service.

My issue is that I need help drafting my Particulars of Claim online. The online process only allows 1080 characters to be entered & I want to make sure the format of my POC is correct.

This process is new to me so any help or advice on the above would be greatly appreciated.

Thanks

My advice is, if you cannot particularise the claim in 1080 characters, then my suggestion is to issue the claim the old fashioned way by sending paper particulars of claim

[Tigs]

Re: Drafting particulars of Claim...Advice required

My apologies for this late reply. Please do ignore if you have already gone past this stage.

The MCOL process allows you 14 days to serve the particulars of claim, provided you tick the relevant box which you need to look out for when you complete the on-line form. This means that you can submit an outline claim on-line within the number of characters allowed, and then follow this up with more deatailed particulars of claim. But you must make sure that you furnish the other side with the PoC within before the deadline date.

[pt2537]

Re: Drafting particulars of Claim...Advice required

My apologies for this late reply. Please do ignore if you have already gone past this stage.

The MCOL process allows you 14 days to serve the particulars of claim, provided you tick the relevant box which you need to look out for when you complete the on-line form. This means that you can submit an outline claim on-line within the number of characters allowed, and then follow this up with more deatailed particulars of claim. But you must make sure that you furnish the other side with the PoC within before the deadline date.

and file the necessary certificate of service too!!

[Tigs]

Re: Drafting particulars of Claim...Advice required

Yes, thanks.

As well as making sure you have proof of posting.

[Help4LiPs]

Re: Drafting particulars of Claim...Advice required

FILLIPpa of Help4LiPs provides online information on How to fill out a Particulars of Claim form at http://www.help4lips.co.uk/docs/PoC/.

[charitynjw]

Re: Drafting particulars of Claim...Advice required

Thanks, Help4LiPs, & welcome to Legal Beagles.

[sistu]

Re: Drafting particulars of Claim...Advice required

FILLIPpa of Help4LiPs provides online information on How to fill out a Particulars of Claim form at http://www.help4lips.co.uk/docs/PoC/.

Unfortunately the link above is not working.