Particulars of claim Definition

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GLOSSARY

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What does Particulars of claim mean?

The statement of case in which the claimant sets out the facts he relies on to establish a cause of action against the defendant.

The contents of the particulars of claim must include those matters set out in CPR Rule 16.4. The particulars of claim must either be contained in or served with the claim form, or be served on the defendant by the claimant within 14 days after service of the claim form.

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A summary checklist and timeline for bringing misfeasance, fraudulent trading and wrongful trading claims under sections 212, 213, 246ZA, 214 and 246ZB of the Insolvency Act 1986

A summary checklist and timeline for bringing misfeasance, fraudulent trading and wrongful trading claims under sections 212, 213, 246ZA, 214 and 246ZB of the Insolvency Act 1986 Checklist This Checklist is in relation to claims under sections 212–214, 246ZA and 246ZB of the Insolvency Act 1986 (IA 1986), being commenced by an insolvency office-holder. For further reading on claims under IA 1986, ss 212–214, 246ZA and 246ZB generally, see Practice Notes: • Misfeasance claims under section 212 of the Insolvency Act 1986 • Fraudulent trading claims under sections 213 and 246ZA of the Insolvency Act 1986 • Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986 Step/action Time (days) Section/rule 1. Investigate the events and circumstances leading to the insolvency of the company and the matters giving rise to the claim(s) against the respondent(s). This would include obtaining the company's books and records, interviewing directors, former directors and any persons with information concerning the promotion, formation, business, dealings, affairs or property of the company.It...

Civil contempt proceedings—checklist

Civil contempt proceedings—checklist This Checklist on civil contempt proceedings summarises the different types of civil contempt, the key factors to consider when bringing proceedings for civil contempt, whether permission is required, how to make the application and what to include in it. This Checklist also considers the potential adverse costs consequences of making an unsuccessful application for civil contempt. Considerations Guidance Further guidance and information The different types of civil contempt It is important to understand the different types of civil contempt.Civil contempt proceedings under CPR 81 may be brought for non-compliance with a court order or undertaking or knowingly making a false statement in any affidavit, affirmation or other document verified by a statement of truth or in a disclosure statement. They can also be brought for interference with the due administration of justice or contempt committed in the face of court (ie where the contempt is directly in the court’s presence).It is often the case that a particular allegation straddles more than one type of civil contempt....

Discover our 9 Checklists on Particulars of claim

UK design infringement action—flowchart

UK design infringement action—flowchart This Flowchart provides an overview of a UK design infringement action. The specific right relied on could be one of the following design rights which coexist in the UK: • UK registered designs (including re-registered designs) • UK unregistered designs (sometimes referred to as ‘design right’) • supplementary unregistered designs For more information about these rights, see Practice Note: UK registered and unregistered designs. Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Infringement of UK registered and unregistered designs • Design disputes—a practical guide • How to run an IP dispute • Copyright in designs • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme • Disclosure scheme—when and where it applies Claim preparation and pre-action matters—Precedent • Disclosure Scheme timetable—checklist Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Stage 2—Letter before action alleging infringement Letter before...

UK trade mark infringement action—flowchart

UK trade mark infringement action—flowchart Stage 1—preparing to bring a claim and pre-action matters Claim preparation and pre-action matters—Practice Notes • Trade mark infringement—UK • Trade mark offences • Trade mark and passing off disputes—a practical guide • Trade mark infringement and interim injunctions • How to run an IP dispute • Privilege and intellectual property • Types of dispute resolution • IP and mediation • IP and arbitration • UK Intellectual Property Office—mediation scheme • Disclosure scheme—when and where it applies Claim preparation and pre-action matters—Checklist • Disclosure Scheme timetable—checklist Claim preparation and pre-action matters—Forms • Application for injunction • Application notice • Notice of hearing of application Stage 2—Letter before action alleging infringement Letter before action—Practice Notes • Trade mark infringement—UK • Trade mark and passing off disputes—a practical guide • Unjustified threats of intellectual property right infringement • How to draft a letter of claim in an IP dispute Letter alleging trade mark infringement—Precedent • Letter of claim—trade mark infringement Stage 3—commencing proceedings Commencing...

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Relief from sanctions—making or opposing an application

Relief from sanctions—making or opposing an application This Practice Note gives practical guidance on how to make or oppose (or defend) an application for relief from sanctions (RFS) under CPR 3.9. In particular, it covers the evidence in support of an application for relief, the evidence in response to a relief from sanctions application, costs issues in relief applications and how to appeal a decision granting or refusing relief. Throughout it offers general practical tips on applying for relief from sanctions. This Practice Note should be read in conjunction with Practice Notes: • How to make an application for a court order (CPR 23) • Relief from sanctions—when is an application for relief required? • Case management—compliance • Relief from sanctions—the courts’ approach • Relief from sanctions—illustrative decisions (from 1 January 2024); and • Interim applications—costs recovery See also Precedents: • Letter requesting consent to application for relief from sanctions • Letter responding to request for consent to relief from sanctions • Draft order for relief from sanctions...

Relief from sanctions—illustrative decisions (from 1 January 2024)

Relief from sanctions—illustrative decisions (from 1 January 2024) This Practice Note provides a number of illustrative decisions to provide an insight into how the courts will deal with an application for relief from sanctions. It separates cases where relief from sanctions was granted from cases where relief from sanctions was refused noting the key facts of the case and details of the decision. This Practice Note provides details of relevant cases from 1 January 2024 onwards. For illustrative decisions involving relief from sanctions prior to 1 January 2024, see Practice Note: Relief from sanctions—illustrative decisions [Archived]. For guidance on when an application for relief is required and on making or opposing an application, see Practice Notes: Relief from sanctions—when is an application for relief required? and Relief from sanctions—making or opposing an application. For more detailed guidance as to the court’s approach to relief from sanctions, see Practice Note: Relief from sanctions—the courts’ approach. Relief from sanctions granted Case details and analysis Issue Decision The Occupiers of...

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Claim against a driver for a collision caused by misleading signals

Claim against a driver for a collision caused by misleading signals IN THE COUNTY COURT AT [insert] Claim No: Parties 1 A B Claimant and 2 X Y Defendant _____________________________________________________________________________ PARTICULARS OF CLAIM _____________________________________________________________________________ 1 At all material times, the Claimant was the owner and driver of a [insert make and model of vehicle] registration number [insert registration number]. The Defendant was the owner and driver of a [insert make and model of vehicle] registration number [insert registration number]. 2 On [insert date], the Claimant was lawfully waiting at the intersection of [insert street name] and [insert street name, town, county]. The Claimant was stationary and preparing to turn left. As she waited, the Defendant’s vehicle approached from the Claimant’s right. The Defendant’s vehicle slowed and signalled to turn left into the Claimant’s street. In reliance on the Defendant’s signal, the Claimant commenced her left turn. The Defendant failed to turn left and proceeded across the junction, colliding with the Claimant’s vehicle. 3 The accident was caused...

Claim against an employer on behalf of an employee who was attacked at work by a patient

Claim against an employer on behalf of an employee who was attacked at work by a patient IN THE COUNTY COURT AT [INSERT][OR] IN THE HIGH COURT CLAIM NO: Between [XX] Claimant and [YY] Defendant _____________________________________________________ PARTICULARS OF CLAIM ______________________________________________________ 1 At all material times the Claimant was employed by the Defendant as Healthcare Assistant. 2 On or about [insert date] the Claimant was working at the [insert details] Ward at the Defendant’s hospital which catered for service users with mental health issues. 3 The Claimant commenced his shift at [insert time] and was allocated to work for a particular service user (“[ZZ]”) providing constant observation. 4 During the course of his shift the Claimant asked [ZZ] if he wished to have something to eat or drink whereupon [ZZ] punched the Claimant in the face. As a result of the said attack the Claimant suffered personal injury, loss and damage. 5 The Claimant’s injury loss and damage were caused or contributed to by the negligence of the...

Dive into our 158 Precedents related to Particulars of claim

There is no definition for personal service in CPR 6.22 for serving documents other than a claim form. I need to serve an N244 application personally. How can it be served?

There is no definition for personal service in CPR 6.22 for serving documents other than a claim form. I need to serve an N244 application personally. How can it be served? CPR 6 contains separate provisions in respect of service of the claim form and service of other documents. Personal service of a claim form CPR 6.3(1)(a) allows for personal service of a claim form ‘in accordance with rule 6.5’. CPR 6.5(3) defines personal service of a claim form and states how it is served personally on individuals, companies, and partnerships. Personal service of other documents CPR 6.20(1)(a) states that a document other than a claim form may be served by personal service ‘in accordance with rule 6.22’. In certain circumstances, it is mandatory to serve some documents personally. For example, under CPR 81 court orders, judgments and undertakings in relation to contempt of court proceedings must be served personally. The same applies to an order requiring a debtor to attend court to provide information (CPR 71.3)...

A property is jointly owned and there is a declaration of trust setting out how the property is owned. One joint owner wishes to seek a sale of the property and there is a dispute as to the division of net sale proceeds. Should an application under the Trusts of Land and Appointment of Trustees Act 1996 be commenced under Part 7 or Part 8 of the Civil Procedure Rules 1998?

A property is jointly owned and there is a declaration of trust setting out how the property is owned. One joint owner wishes to seek a sale of the property and there is a dispute as to the division of net sale proceeds. Should an application under the Trusts of Land and Appointment of Trustees Act 1996 be commenced under Part 7 or Part 8 of the Civil Procedure Rules 1998? The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) affords the court wide powers to deal with trusts of land, including to make a declaration as to the beneficial ownership of the property, to regulate its occupation, to order a sale, and to conduct an equitable account of the dealings of the parties. The court’s powers are primarily contained in TOLATA 1996, s 14, with the court having regard in particular to the factors set out in TOLATA 1996, s 15 when determining whether to make an order. The Civil Procedure rules 1998...

See the 114 Q&As about Particulars of claim

Damages under the Defective Premises Act 1972—what’s recoverable? (Wilson v HB(SWA))

Construction analysis: The Technology and Construction Court (TCC) struck out several heads of claim advanced against a developer by former leaseholders of residential apartments, in a claim for defects based on breaches of duty under the Defective Premises Act 1972 and breach of leasehold covenants. The court considered that several of the alleged losses were too remote, or purely hypothetical.

Competition weekly highlights—29 May 2025

This week's edition of Competition weekly highlights includes, from a UK perspective: (1) the CMA’s decision to accept Vifor’s commitments to end an abuse probe into disparaging treatment in the iron treatment market, (2) the Court Appeal judgment dismissing appeal against the CAT’s judgment on limitation in claim for damages against participants in citalophram ‘pay for delay’ cartel, and (3) the CAT’s rulings on jurisdiction and collateral waive application in abuse of dominance claim against Microsoft. This week’s highlights also includes, from an EU perspective: (1) an AG’s opinion concerning a national reference from Romania on retroactive application of an EU Regulation corrected in a State aid dispute.

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