Civil claim procedures - Statements of case

Learning Outcomes

This article explains the role, content, and procedural treatment of statements of case in civil litigation, including:

• The purpose and function of the claim form, particulars of claim, defence, reply, and counterclaim within the CPR framework
• How claim forms and particulars of claim are drafted, structured, served, and verified to plead material facts, remedies, and interest
• How defendants must respond to allegations through admissions, denials, and non-admissions, and how to plead positive defences, set-off, and counterclaims
• The formal requirements for valid statements of case, particularly the statement of truth, and the procedural consequences of omission or non-compliance
• When and how a claimant may file a reply, the use and content of requests for further information under CPR Part 18, and the process for amending statements of case before and after service
• The court’s approach to inadequate or defective statements of case, including sanctions such as strike out, and the strategic use of replies, counterclaims, Part 18 requests, and amendments to meet SQE2 drafting and analysis expectations

SQE2 Syllabus

For SQE2, you are required to understand statements of case and their structure, content, and procedural effects under the Civil Procedure Rules, with a focus on the following syllabus points:

• The definitions, purposes, and procedural role of statements of case in civil proceedings under the Civil Procedure Rules (CPR).
• Structure and requisite content of claim forms, particulars of claim, and defences, including contract and tort claims.
• The framework and legal effect of admissions, denials, and non-admissions in responses, and the obligations for setting out positive cases, including counterclaims and set-off.
• Rules and good practice for request for further information (Part 18 requests) in clarifying or supplementing pleadings.
• Amending statements of case: requirements, timing, and the distinction between amendment by right and by permission.
• The evidentiary and procedural significance of the statement of truth, who may sign, and the consequences of non-compliance.
• Procedural consequences of defective statements of case, including strike out and the right to apply for relief from sanctions.
• The impact and management of case allocation, case management directions, and the disclosure of relevant supporting documents.
• The interrelationship between statements of case, substantive causes of action (contract, tort), and evidence required to support allegations.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Which document must be served to start a civil claim:
   1. Defence
   2. Particulars of claim
   3. Reply
   4. Counterclaim
2. In a defence, what is required when the defendant cannot admit or deny an allegation?
   1. Ignore the point
   2. Submit a non-admission and require the claimant to prove it
   3. Automatically admit the allegation
   4. Strike out the claim

3. What happens if a statement of case is not verified by a statement of truth?

4. True or false? The particulars of claim must always be included within the claim form itself.

Introduction

Statements of case are the backbone of civil litigation. These formal documents define the facts, legal issues, and remedies at the centre of a civil dispute. Statements of case—comprising the claim form, particulars of claim, defence, reply, and counterclaim—set boundaries for litigation, determine the scope of judicial scrutiny, and ensure clarity of proceedings. Their primary objective is to identify the matters in dispute, disclose the facts and issues that require determination at trial, and facilitate both the parties and the court in understanding the case to be met. Accurate, coherent, and well-drafted statements of case are fundamental to legal practice and the effective management of litigation under the CPR.

Key Term: statements of case
The formal documents, including the claim form, particulars of claim, defence, reply, and counterclaim, that set out each party’s position in civil litigation.

Claim Form

Civil proceedings in England and Wales are commenced by issuing and serving a claim form. The claim form is more than a procedural prerequisite; it is the document that signals to the court and defendant that litigation has started and provides notice of the essence of the claimant's claim.

Key Term: claim form
The formal document used to commence civil litigation, containing essential details such as the names and addresses of the parties and a brief outline of the claim.

The claim form must contain:

• Full and unequivocal names and postal addresses of all claimants and defendants, with supplementary identifiers (e.g., trading names, company numbers) as relevant.
• A concise statement of the nature of the claim (contractual, tortious, statutory, or mixed).
• Precise or estimated monetary value, especially in claims for money, with a requirement to specify the sum expected to be recovered or to state the amount is unknown, per CPR 16.3. Damages for personal injury require specific statements regarding general damages for pain, suffering, and loss of amenity.
• The remedy or relief sought—this may be payment of money, an order for an injunction, or other types of relief.
• Preferred court location (hearing centre) and address(es) for service for each party.
• Statement of truth verifying the contents.
• Accommodation of any human rights issues, if relevant.

Where monetary claims are involved, the claim form should specify the value being sought and the basis and daily rate of any interest claimed, referencing either contract or statutory authority (e.g., Senior Courts Act 1981, County Courts Act 1984, or Late Payment of Commercial Debts (Interest) Act 1998).

Care must be taken to identify precisely the correct legal identity of the parties. Issuing against the wrong defendant, or without proper description (e.g., against a representative of a company rather than the company itself), may result in the claim being struck out.

Worked Example 1.1

Conrad issues a claim form stating the 'nature of the claim' as "breach of contract for supply of goods," seeking £15,000 damages and statutory interest. What further essential details must be included in the claim form?

Answer:
The claim form must also provide the full legal names and addresses of the claimant and defendant (including company number or individual trading name where appropriate), the value of the claim, details of the preferred court location, address for service, statement of truth, and whether any Human Rights Act issue arises. If interest is claimed, its basis, rate, and calculation should be set out.

The claim form may include the particulars of claim, but where the case is complex or space on the form is inadequate, particulars of claim may be served as a separate document (see below).

Particulars of Claim

The particulars of claim is one of the most significant parts of the statements of case—it is this document in which the claimant details the facts, legal bases, and evidence supporting the claim. Part 16 CPR and Practice Directions set stringent requirements for particulars of claim, recognising their importance in defining the issues for trial.

Key Term: particulars of claim
A detailed statement setting out the specific facts, legal basis, and remedies for the claimant’s case.

The particulars of claim must:

• Succinctly state all material facts relied upon, presented in a clear chronological narrative. This includes details establishing the cause of action—contract formation (with terms relied upon and breach) or the elements of the tort alleged (duty, breach, causation, damage), together with statutory or common law particulars as needed.
• Identify why the defendant is liable and specify any contractual, statutory or other duties relied upon.
• Clearly plead all heads of loss and outline the quantum, including a detailed schedule of damages for complex claims.
• State expressly any claim for interest, including the statutory or contractual basis, rate, calculation method, and dates or events between which interest is claimed.
• Specify the legal remedy or relief sought.
• Reference all documents relied upon, including contracts, relevant correspondence, invoices, medical reports (in PI claims), and other evidence supporting the pleaded case.
• Provide a statement of truth.
• Include (where possible) copies of key documents as exhibits or evidence in support of the claim.

If the particulars of claim are not served within the claim form, CPR requires they be served separately, within 14 days of service of the claim form and, in any event, within four months of the claim form’s issue.

Properly drafted particulars of claim are essential. Insufficiently particularised pleadings expose a claim to applications for further information, or for strike out on the basis that the particulars do not disclose a reasonable ground for bringing the claim.

Worked Example 1.2

Parveen brings a claim in negligence for property damage. In her particulars of claim, she briefly states the date and location of damage, identifies the defendant as contractor, alleges breach of duty, and claims £6,000. What is lacking?

Answer:
Parveen’s particulars of claim should add an account of all material facts establishing the duty of care, the specific contractual or statutory terms relied on (if relevant), how the defendant's breach occurred, a detailed account of the loss, a breakdown of damages and expenses, and whether she is claiming interest (with statutory or contractual basis, rate, and daily calculation). Supporting documents (e.g., contracts, photographs, invoices) and a statement of truth are also required.

It is good practice to use numbered paragraphs, avoid unnecessary repetition, and set out one factual allegation per paragraph. Where claims are for breach of contract, relevant terms, express or implied, should be set out verbatim or by reference. Tort claims should specify the facts showing existence of duty, breach, and resulting damage, with supporting statutory or evidential details.

Defence

Following service of the particulars of claim, the defendant is required to file a defence. The defence is critical—it informs the court and claimant of the defendant’s response to each factual and legal allegation and defines the matters in dispute. Part 16.5 CPR sets the structure for an appropriate defence.

Key Term: defence
The document in which the defendant sets out which of the claimant’s allegations are admitted, denied, or not admitted, as well as any positive case being advanced such as a set-off or counterclaim.

The defence must:

• Distinctly plead, for each allegation in the particulars of claim, whether it is admitted, denied (giving reasons and setting out the defendant’s alternative case), or not admitted (putting the claimant to strict proof).
• Clearly set out any positive case advanced by the defendant, including defences such as limitation, set-off, or other statutory or common law defences.
• If making a counterclaim, include particulars sufficient to stand alone as a statement of case for the new claim.
• Set out the basis for disputing the value or quantum claimed (where relevant).
• Attach a statement of truth, along with the defendant’s address for service.
• Include any documents upon which the defendant intends to rely.

If an allegation is not answered, it is deemed to be admitted. This highlights the importance of a comprehensive, paragraph-by-paragraph response to each allegation.

Where the defendant disputes the jurisdiction of the court or intends to raise a positive case (e.g., limitation, inadequate particulars), these points must be raised in the defence.

Worked Example 1.3

Olivia is served with a particulars of claim alleging debt and breach of contract. She admits the contract but denies breach. She also disputes the sum claimed, asserting that some goods were defective and sets out a set-off. Is her approach sufficient?

Answer:
Olivia’s defence is sufficient insofar as she admits the contract but must specify which factual allegations of breach she denies, provide reasons, and lay out her alternative account. She is entitled to plead set-off, but should provide the factual grounding (e.g., details of defective goods, valuation of loss) and set out all elements of her positive case explicitly. Failure to address each allegation may result in unintended admissions.

Admissions, Non-Admissions, and Denials

Each point in the particulars of claim must be addressed with specificity:

• Admission: Acknowledgement that the fact is true.
• Denial: The pleading must provide reasons for the denial, any alternative version of events, and supporting evidence where possible.
• Non-admission: Where a defendant cannot admit or deny an assertion (e.g., due to lack of knowledge), they may put the claimant to strict proof.

Key Term: admission
A positive acceptance that a particular fact alleged by the opposing party is true.

A wholly unparticularised, blanket denial is not a permitted means of pleading. Where the defendant has a positive case that contradicts the facts alleged, this case must also be set out. In money claims, unless the amount claimed is expressly admitted, the amount must be proved by the claimant.

Counterclaim and Set-Off

Defendants may institute their own claim against the claimant within the same proceedings by way of a counterclaim, a process governed by Part 20 CPR.

Key Term: counterclaim
A claim brought by the defendant against the claimant, usually set out in the same document as the defence.

A counterclaim functions as a stand-alone claim, with its own particulars; the same formal requirements (numbered paragraphs, facts setting out the cause of action, supporting documents, and statement of truth) apply. This may include, for example, a claim for damages for breach of contract by the claimant, or a claim in tort for property damage arising out of the same facts. A set-off, as a defence rather than a separate claim, is permitted where the defendant asserts that the claimant’s cause of action is neutralised, partially or wholly, by the defendant’s own counter-claimable debt or sum.

Key Term: set-off
A defence that reduces or extinguishes a claim, based on a cross-claim that arises out of the same or closely connected facts.

Filing a counterclaim or pleading a set-off requires the defence to contain all relevant facts and particulars supporting the cross-claim or deduction sought.

Worked Example 1.4

Vinay claims £10,000 for services rendered to Chloe’s firm. Chloe serves a defence and counterclaim alleging that due to Vinay’s delay and defects, she suffered £7,500 of loss. What must Chloe include in her defence and counterclaim?

Answer:
Chloe should (a) admit or deny each of Vinay’s factual allegations, giving reasons and any alternative version, (b) set out the facts and particulars supporting her set-off or counterclaim, including how the alleged loss arises and its quantum, and (c) include all material facts, evidence, and a statement of truth for the counterclaim. The particulars for the counterclaim must stand on their own, enabling Vinay to understand and respond.

A counterclaim may be brought without the court’s permission if brought at the same time as the defence; later counterclaims require permission.

Reply to Defence

A reply is not mandatory, but may be filed by the claimant in order to engage with new issues or positive allegations raised in the defence. Contentious new facts or counterclaims may render a reply advisable.

Key Term: reply
An optional statement of case in which the claimant responds to new matters raised in the defence.

If the reply joins further issue (e.g., responds to a limitation defence or new explanation for alleged breach), it must respond directly to the new factual assertions and be verified by a statement of truth. Where a defence to a counterclaim is needed, CPR requires that it is filed within 14 days of service of the counterclaim.

Worked Example 1.5

Sarah, the claimant, receives a defence alleging her claim is out of time under the Limitation Act 1980, which is raised for the first time. How should Sarah respond?

Answer:
Sarah should file a reply addressing the new limitation defence, setting out the facts and arguments (e.g., when she first knew of the cause of action; any grounds for an extension or suspension of time under the Act) and verifying the reply with a statement of truth within the permitted timeframe.

Requests for Further Information

Where a party considers that an opponent’s statement of case is inadequate—lacking clarity, failing to disclose necessary particulars, or insufficiently detailing a plea—they may seek elaboration via a request for further information under CPR Part 18. Such requests are a key procedural tool to clarify and narrow the issues in dispute prior to trial.

Key Term: request for further information
A formal written request seeking clarification or additional details relating to another party’s statements of case.

Part 18 requests should specify the information required, explain their purpose, and allow a reasonable time for response. The court may, on application, order a party to provide further particulars if initial requests do not yield a satisfactory response. Responses to Part 18 requests must carry a statement of truth.

Worked Example 1.6

The defendant receives particulars of claim asserting breaches of contract on unspecified dates and vague allegations of delay. The defendant cannot reasonably plead to such claims. What procedural step is available?

Answer:
The defendant may submit a written request for further information under CPR Part 18, asking for the particulars to specify the dates of the breaches, acts said to constitute them, and any consequential loss. If the claimant fails to supply the information, the defendant may apply to the court for an order.

Part 18 requests are not to be made unreasonably or as a fishing expedition; only such information as is reasonably necessary to deal with the matters in dispute should be sought.

Amendments to Statements of Case

It is often necessary to amend statements of case as the case progresses. Changes may be required to correct errors, include newly discovered facts or evidence, or adjust to court directions. The ability to amend statements of case is governed by CPR Part 17.

Key Term: amendment
A change made to a statement of case, either with the other party’s consent or the court’s permission, after proceedings have started.

Parties may amend their statements of case at any time before service without permission. Once served, amendments require (a) the written consent of all other parties, or (b) the court’s permission. The court will apply the overriding objective—especially ensuring there is no prejudice to the other side that cannot be compensated in costs—when considering late or significant amendments.

Amendments after the expiry of limitation, or which introduce entirely new causes of action, are only permitted in limited circumstances and with court approval. Applications for amendment must be accompanied by the amended draft and a supporting statement of truth.

Statement of Truth

A fundamental principle of all statements of case is the requirement for a statement of truth. Every statement of case—claim form, particulars, defence, reply, counterclaim, and further information—must carry a properly signed statement of truth.

Key Term: statement of truth
A declaration confirming the party believes the facts stated in the statement of case are true.

Failure to verify a statement of case with a statement of truth has serious procedural consequences: the document cannot be relied upon as evidence, and the court may strike the statement of case out or make an order for compliance. Submitting a false statement of truth is a serious matter and can result in contempt of court.

The statement of truth must be signed by the party or their legal representative, with due authority, and tailored to the nature of the party (individual, partnership, company, etc.). The standard form is as prescribed under CPR and Practice Direction 22.

Structure and Good Practice

Statements of case must conform to the highest standards of clarity, precision, and relevance. Good practice includes:

• Numbering paragraphs consecutively and dealing with a single factual point in each.
• Clearly identifying the roles and status of the parties at the outset.
• Avoiding pleading evidence or argument; statements of case must detail facts, not evidence or legal submissions.
• Referring explicitly to relevant documents by exhibit or description, especially where contractual terms are pleaded or technical evidence underpins an assertion.
• Using clear headings and concise, neutral language.
• Ensuring the entire pleading is self-contained and enables the opposing party and the court to understand the issues in dispute.

Non-compliance with these conventions—such as submitting particulars that contain only vague or general allegations, or which do not identify a cause of action—may expose a statement of case to an application for summary judgment or strike out.

Worked Example 1.7

A defendant receives a defence which is a bare denial of liability, fails to give reasons, and does not set out an alternative version of events. What is the likely procedural consequence?

Answer:
The court may, on application or of its own initiative, order the defendant to file a full defence in compliance with CPR 16.5, giving proper particulars and reasons for denials. Continued failure may lead to the defence being struck out and judgment in default being entered for the claimant.

Case Management, Track Allocation, and Consequences of Non-Compliance

Once statements of case are exchanged, the court actively manages the litigation under the CPR’s overriding objective. Following the service of a defence, the case will be allocated to the relevant track—small claims, fast track, or multi-track—according to value and complexity. The court sets directions for next steps, often after considering case summaries and costs budgets (Precedent H), and requires timely compliance with disclosure, exchange of evidence, and other procedural milestones.

Failure to comply with court orders or rules governing statements of case may result in sanctions, including:

• Orders for costs on an indemnity basis.
• Relief from sanctions only in exceptional circumstances with persuasive justification.
• Strike out of statements of case which do not disclose a reasonable ground for bringing or defending the claim or which are incoherent, non-compliant, or abusive.
• ‘Unless’ orders that require an erring party to rectify error within a stated period or face draconian consequences.

The court’s active case management powers are wide, aimed at securing a just and proportionate outcome. Well-drafted, detailed, and honest statements of case are a prerequisite for effective dispute resolution.

Summary

Key Point Checklist

This article has covered the following key knowledge points:

• Statements of case are foundational documents in civil litigation, framing the scope of the dispute.
• The claim form commences proceedings and must set out party and claim details, claims for value, and relevant remedies.
• The particulars of claim should narrate material facts, identify the legal cause(s) of action, and specify relief, interest, and supporting documents.
• Defences must methodically address each allegation in the particulars, stating admissions, denials (with reasons and alternative facts), or non-admissions, and any positive case.
• Use of statements of truth is compulsory. Failure to comply risks fatal procedural sanction.
• Amendments, replies, and requests for further information enable fairness, procedural clarity, and the narrowing of issues prior to trial.
• The court’s case management powers, including allocation to tracks and orders relating to statements of case, support adherence to the overriding objective.
• Persistent non-compliance or poor pleading may result in strike out or other severe procedural penalties.

Key Terms and Concepts

• statements of case
• claim form
• particulars of claim
• defence
• counterclaim
• reply
• request for further information
• amendment
• statement of truth
• set-off
• admission