What Are Particulars of Claim and What Should Be Included?

Stepping into the world of legal disputes can be overwhelming, especially with critical documents like the particulars of claim. As specialist litigation solicitors these are a critical document we’re used to seeing and to dealing with.

‘Particulars of Claim’ are a crucial document at the beginning of a civil (commercial or property) dispute and can shape the position of the Claimant in any dispute very significantly. If you’re feeling overwhelmed by the details, don’t worry—our expert commercial, property and/or construction litigation teams are here to help. 

We’ve outlined all the relevant information in this article, and our team of experts can guide you if you’re in the middle of a dispute, ensuring your documents are clear, comprehensive, and ready for court. 

Reach out to Helix Law today and we will be happy to assist you in handling your dispute.

What Are the Particulars of Claim?

Particulars of Claim are an important component in legal proceedings, especially in commercial and property disputes. Particulars of claim are the document that lays out the details of the Claimant’s claim against the Defendant, specifying the factual and legal basis of the claim. It serves as a foundation for the litigation process, ensuring that the Defendant clearly understands the case against them and can prepare a Defence accordingly.

To ensure fairness and to allow the Defendant to prepare their Defence adequately, the Claimant must clearly state all the relevant facts that support each cause of action. This includes outlining the events that led to the dispute and providing enough information for the Defendant to understand and respond to the claim effectively.

The Particulars of Claim should also specify the exact remedies the Claimant is pursuing, whether it’s financial compensation, an injunction, or other forms of legal relief. 

It is a common misconception that a judge or the court generally will actively work out what your position is, or what a dispute involves. In reality a Defendant ‘only’ needs to meet the case that is presented against them in the Particulars of Claim. If something is missed, the Defendant doesn’t need to consider that aspect- so for example if a claim is only pursued as a breach of contract and not negligence, only the factors that amount to that cause of action will need to be defended by the Defendant. The court will not interfere with this. It is up to a claimant to fully articulate their fullest and best case within the Particulars of Claim. In doing so a Claimant gives themselves the best possible prospects of success.

As a Defendant if you have received a Particulars of Claim it is critically important that you understand and defend the claim thoroughly and robustly.

What Should You Include in the Particulars of Claim?

These are such important documents that its rare that a litigant in person would draft these themselves. We are often instructed later, when a Claimant has tried to do this and we then need to circle back to seek to amend the claim. Whilst that can be possible usually there are cost implications and it can be necessary to pay the Defendants costs ‘of and caused by’ the amendment, which can be significant. It is far better tactically to ensure you are presented on the front foot from the very outset. When preparing Particulars of Claim, it’s essential to craft a clear, detailed, and legally sound document to ensure it effectively communicates the basis of your case. Here’s what you need to include to construct a robust claim:

• Court Name and Case Number: Include within the title the name of the court where the claim is being filed and the unique number the claim has been allocated if it has already been issued. 
• Identity of Parties: Start with the full, unabbreviated names and addresses of all parties involved—this includes both the Claimant (you) and the Defendant (the party you are suing).
• Background of the Dispute: Provide a clear and concise narrative of the events that led to the dispute, setting the stage for the legal arguments to follow.
• Legal Grounds: Specify the legal foundation of your claim, whether it’s a breach of contract, negligence, or another cause of action. Clearly state the laws or legal principles that support your case.
• Material Facts: Detail the material factual circumstances that support each cause of action. 
• Remedies Sought: Clearly outline the remedies you are seeking, such as damages, an injunction, or specific performance. Note that the court may decide on a different remedy if it sees fit.
• Loss and Damage: Describe the loss and damage you have suffered as a result of the Defendant’s actions. 
• Interest and Calculations: If your claim includes financial losses, specify how the interest on these amounts is calculated as part of your claim.
• Pre-Action Protocol Compliance: Mention whether all relevant pre-action protocols have been followed
• Attachments: If your dispute involves a contract, attach copies of any relevant contracts. If the agreements were oral or implied by conduct, detail the exact words spoken or actions taken that led to the agreement.
• Valid Statement of Truth: The Particulars of Claim should be signed by either the Claimant or the Claimant’s legal representative with a valid statement of truth. 

What Would Make the Particulars of Claim Inadequate?

We often find multiple issues with Particulars of Claim drafted by others. The content can be deemed inadequate if they fail to provide sufficient detail to allow the Defendant to understand and respond to the claim effectively. Some common pitfalls include:

• When the Particulars of Claim are too vague or general. In this case it may not provide enough information for the Defendant to fully understand the allegations against them. 
• Failure to include crucial facts that support the legal claims.
• Incorrect application or interpretation of the relevant laws.
• Poor organisation or a disjointed presentation of information can make it difficult for the court and the Defendant to follow the logic and sequence of the claim
• Non-compliance with specific legal standards or format can render the document procedurally inadequate, impacting the claim’s progress in court.

An inadequate Particulars of Claim can lead to delays, additional costs, or even dismissal of the case, underscoring the importance of accuracy and completeness.

How to Respond to the Particulars of Claim

Responding effectively to the Particulars of Claim is crucial for Defendants in legal proceedings. Here’s how you can navigate this process:

• Seek Legal Advice: It’s important to consult a specialist litigation solicitor early on. They can help you understand the claim and advise on the best course of action based on the specifics of your case. Our team at Helix Law can help you and provide you with the best course of action. 
• Acknowledgement of Service: Start by formally acknowledging that you have received the Claim. This is a procedural step that confirms your awareness of the claim against you and will allow you further time to file a Defence. 
• Draft a Defence: Prepare a detailed Defence by addressing each allegation stated in the Particulars of Claim. Clearly state whether you admit, deny, or require proof for each claim made against you. Similar to the Particulars of Claim, this is a critical document.
• Consider a Counterclaim: If there are grounds for a counterclaim against the Claimant, this is the time to raise it. A counterclaim can be an effective strategy to not only defend but also to assert your own claims against the claimant. This benefit needs to be balanced against the risk of additional costs being incurred, and adding in complexity into the dispute.
• Structure Your Defence: Organise your Defence logically. Include your personal information, such as your date of birth and address, and outline the facts and grounds of your case, possibly presenting alternative versions of events.
• Address Specific Allegations: Give reasons for denying specific allegations and include any defences related to limitation periods, contributory negligence, illegality, or failure to mitigate loss.
• Timely and Precise Responses: Ensure that your responses are both timely and precise to maintain your legal rights and position in the ongoing proceedings.

Frequently Asked Questions

What Is the Difference Between Statement of Case and Particulars of Claim?

Particulars of Claim form part of the Claimant’s overall statement of case. That is a slightly broader term including other documents outlining the claims in a legal dispute such as the Claim Form and Reply to Defence. The Defence will usually amount to the Defendants statement of case. Particulars of Claim specifically detail the factual and legal basis of the Claimant’s case, making it a subset of the statement of case.

Final Thoughts

Understanding and correctly utilising the Particulars of Claim in commercial and property disputes is pivotal. Issuing court proceedings is an important step. Being seen to have a detailed and methodical, clear and consistent approach, is fundamentally important before the court. This illustrates that your position is carefully considered and thought out. The burden is on the Claimant to prove their claim on the balance of probability, meaning over 50%. In the minds eye of a judge a clear well reasoned legal argument supported by factual evidence is immediately more persuasive that a chaotic poorly drafted or amateurish Particulars of Claim. Before this document is drafted careful analysis is needed into the best claims and how to use and present the evidence for maximum impact. When drafted the Particulars need to lay the groundwork for the issues to be resolved successfully in your favour in court. 

For further assistance or advice on drafting effective particulars of claim or responding to them, consider reaching out to expert specialist litigation solicitors. The commercial, property and construction litigation teams at Helix Law deal with these documents and litigation across the country in disputes ranging from tens of thousands to tens of millions in dispute. Our teams will be happy to provide further guidance and support, ensuring your claims or defences are appropriately presented and handled giving you maximum prospects of success.