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IMPORTANT:
This guide contains important information and help explain the requirements of the Civil Procedure Rules. These notes are for general guidance only and should not be relied upon without specific advice.
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Overriding Objective
Pre-action behaviour
Part 36 Offers to Settle
Claimant’s Offer & Defendant's Offer
Costs Consequences
ADR (alternative dispute resolution)
Mediation
Allocation of Cases
Statement of Case and of Truth
Summary Judgment
Disclosure
Privileged Documents
Case Management Conference
Expert Evidence
Costs
Summary Assessment of Costs
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Statement of Case and Statements of Truth
The details of the claim and defence are set out in Statements of Case. These must include a concise account of all the relevant facts. Parties are not permitted simply to deny everything without setting out their own version of events. Statements of case (which expression includes both the claim and the defence and other documents such as witness statements) must include a statement of truth (“I believe that the facts stated are true”). The statement of truth can be signed by you or a senior person in your company. We can sign statements of truth where you have authorised us to do so. If we do sign on your behalf, we will be confirming your belief that the facts stated are true. It is essential to establish the facts and surprising how easy it is to be misinformed. If you do not have an honest belief in the truth of the facts stated, proceedings may be brought against you for contempt of Court, the penalties of which are imprisonment or a fine. Alternatively, the claim or defence could be struck out and costs orders made against you. If statements of case have to be amended the party causing the amendment will have to pay their opponent’s costs of the change and in some circumstances may be prevented from making any amendment.
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