How do I write a particulars of claim?

[moongazer]

Hi
the judgment I had against the defendant was set aside last week argh!!
I now have to file a particulars of claim by 19th June, so plan to work on it over the weekend

It all seems a bit confusing. I think I don't include evidence in the POC but I do in the witness statement. is this correct?

[Amethyst]

Re: How do I write a particulars of claim?

Do you have to submit a amended particulars of claim or just send your original particulars to the defendant ? What exactly does the order say and what were the grounds for the set aside?

And no, evidence and exhibits don't go in the particulars of claim, they usually wait for the witness statement ( unless disclosure ordered earlier etc )

[moongazer]

Re: How do I write a particulars of claim?

HI Amethyst - apologies for delay in replying.
I haven't received the Court order yet ... but the judgment was set aside as the court (MCOL) did not register the solicitors as acting when the defence was filed. subsequently the DQ was sent to the registered office address of the defendant, which didn't make it to the solicitor in time. so defence struck out and I was awarded judgment by default.
the district judge said the court was at fault but the test for setting aside was that the defendant feels they have a strong case and will win.
one of the defence points was the "hopelessly unparticularised Particulars of Claim'. I wrote the defendant detailing the claim with receipts for costs. the judge advised me to submit a new, detailed, particulars of claim by Monday 19 June. witness statements by 29 August. hearing will be 1st available date after 11 September. defendant to prepare a trial bundle not more than 7 days not less than 3 days before hearing.
also as this remains in the small claims track I will not be liable for defendants costs if I lose. so I have nothing to lose by taking them to court.
"order: default judgment set aside and the defendant is permitted to relay upon its defence in relation to these proceedings and the defendant is given relief from sanctions to include striking out of defence" - I didn't ask on the day, but does this mean they can submit a new defence?