Module 2 · Chapter 4

Drafting the Particulars of Claim

The Particulars of Claim set out the facts the claimant must prove and what it asks the court for. This chapter drafts them paragraph by paragraph, and shows why each paragraph is there.

≈ 11 min read 8-question test

In this chapter

  • What a statement of case does, and what stays out of it
  • How to plead the terms, the defect, the breach and the notice
  • How the loss, the interest and the statement of truth are set out

4.1The Particulars of Claim in one paragraph

The Particulars of Claim set out Ravensett’s case in numbered paragraphs: the facts it must prove, and what it asks the court to award. You draft them, and Kate checks every line. They were attached to the claim form and served with it. Corledge must answer each paragraph in its Defence, and the trial is fought over the points still in dispute. So a fact left out is one Ravensett may not be allowed to rely on.

Key point

Plead every fact the claim needs, and nothing else. Each paragraph should state one fact that Ravensett can prove.

Also in this chapter

  1. What a statement of case does, and what stays out
  2. The terms Ravensett relies on
  3. The defect and the breach
  4. Notice under clause 8.2
  5. The loss, and what Corledge knew
  6. Interest, the claim and the statement of truth
  7. Your job

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