CPR 16.2 and 16.4 concise statement of the facts or/and of the law

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I made a claim because someone passed confidential information about me to someone else.

In my claim form and in my particulars of claim I did not make any reference to a particular breach of a law. I only put forward a concise statement of the facts. Therefore I think that my claim is about any civil remedies related to the concise statement of the facts set out in my claim form and in my particulars of claim

The defendant made an application to have my claim struck out in which he says that I do not put forward any causes of action but that my claim could be maybe for negligence. In my additional witness statement in reply to this application to strike out I say that my claim is for breach of the Data Protection Act 1998. However the judge struck out it telling that ‘my case as pleaded’ is not about the Data Protection Act 1998. However my claim form and my particulars of claim comply with CPR 16.2 and CPR 16.4 because they contain a concise statement of the facts and a concise statement of the facts according to me does mean a concise statement of the law.

CPR 16.2 says

“16.2
(1) The claim form must –
(a) contain a concise statement of the nature of the claim”

CPR 16.4 says

“16.4
(1) Particulars of claim must include –
(a) a concise statement of the facts on which the claimant relies;”

Moreover my concise statement of facts concerns Data Protection issues because it is about confidential information about me passed to a third party. Hence I would like to know if I have a ground for appeal specially that there have been two pre-hearings concerning this application and my claim form and my particulars of claim were not struck out at the end of the first pre-hearing which means that the judge accepted that there was enough information in them otherwise he would have struck them at the end of this first pre-hearing

Another point is that strangely the judge first say that my additional witness statement contains a new ground and as consequence he has to decide to accept it or not it and he decided it to accept it. However during his judgement at the end of the hearing he changed his mind because he says that he strikes out my claim because the issue of Data Protection is not in my statement of case as pleaded. When I remind him that he accepted my additional witness statement the judge replied to me that the fact that he has accepted my witness statement does not mean that he has accepted the new ground set out on it. I would like to know if the judge was right to tell me this because if he has accepted my additional witness statement he is deemed to have also accepted its contents

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Re: CPR 16.2 and 16.4 concise statement of the facts or/and of the law

I have found the two additional pieces of evidence that my claim has been properly pleaded even though I make reference in my statements of cases to the fact and not the law which was broken

1.
I think that my claim has been properly pleaded because it complied with paragraph 8.14 of the document “A_Handbook_for_Litigants_in_Person” Written by six Circuit Judges which confirms also CPR 16.2 and 16.4 because it says that I do not have to set out the legal basis of my claim in my pleading simply the facts that go to make up my claim

The reason is that paragraph 8.14 of this document which is found in the website

https://www.judiciary.gov.uk/wp-cont..._in_Person.pdf

written by the following six circuit judges HHJ Edward Bailey, HHJ Neil Bidder QC HHJ, Peter Bowers HHJ Alison Hampton HHJ David Hodge QC HHJ Peter Hughes QC says the following:

“8.14 Provided you set out your case on all the facts necessary to prove your claim your pleading will pass muster. Make sure that the facts are set out in chronological order and that you do no more than summarise them. The full details of the relevant facts will be set out later in your witness statements. The old adage ‘Facts not law; Facts not evidence’ remains as true today as ever. It means that you do not have to set out the legal basis of your claim in your pleading, simply the facts that go to make up your claim. Further, you do not set out the evidence, ie the details, just the basic facts that go to make up your claim Note down the elements of your cause of action, and make sure that you are in a position to prove the facts necessary to make good each element”

We can notice the passage

“The old adage ‘Facts not law; Facts not evidence’ remains as true today as ever. It means that you do not have to set out the legal basis of your claim in your pleading, simply the facts that go to make up your claim”

Which is evidence that my claim is properly pleaded because my claim form and my particulars of claim contain the facts of my claim even though they do not contain the law

2.
I think that my claim has been properly pleaded also because I have followed the definition of the Oxford dictionary about ‘cause of action’ when I filled my claim form and my particulars of claim because this definition which confirms also CPR 16.2 and 16.4 makes reference only to facts and not to the law.

This definition which is found in the website

https://en.oxforddictionaries.com/de...ause_of_action

is the following:

“A fact or facts that enable a person to bring an action against another”

3.
Therefore there are three sources of evidence which says that the pleadings should contain the facts and not the law which are CPR 16.2 and 16.4, the documents A_Handbook_for_Litigants_in_Person” and the definition of a ‘cause of action’ of the Oxford dictionary. Hence my question is whether or not I have enough ground to succeed in an appeal against the decision of the District Judge to strike out my claim because it was not properly pleaded because I make reference in my claim form and in my particulars of claim to the facts but not to the law which has been broken?

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Re: CPR 16.2 and 16.4 concise statement of the facts or/and of the law

My thread raises an important issue for a litigant in person which is what to put in the claim form knowing that there is a limited place and he could have also limited time.
I followed the instructions set out in the CPR 16.2 and 16.4 and in the “ handbook for Litigant in Person” and my claim has been struck out and I would like to know if I have enough grounds to appeal.
This could be useful for other litigant

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Re: CPR 16.2 and 16.4 concise statement of the facts or/and of the law

Another problem that I have in that in this document
“A_Handbook_for_Litigants_in_Person" that we can find in the website

https://www.judiciary.gov.uk/wp-cont..._in_Person.pdf

it is made reference to Appendix A, X and Y. However when I use the 'Find' facility of my computer to find them I cannot find them. I would like to know if you can explain me how to find these three appendixes