“… where an issue has clearly not been pleaded and was not relied on at the start of the trial, I consider that the onus lies as much on counsel for the party seeking to rely on it as on their opponent to raise the matter with the judge and seek permission to amend. For the reasons given by Dyson LJ in Al-Medenni v Mars, a party is entitled to rely on the pleaded case as defining the ambit of the issues to be decided at trial.”
Mr Justice Fancourt in Jacobs v Chalcot Crescent (Management) Company Ltd [2024] EWHC 259 (Ch)
This webinar takes a close look at the rules relating to drafting statements of case. It looks at recent cases relating to pleadings and identifies where parties have gone wrong.
- What should be on the claim form?
- What must the particulars of claim contain?
- Problem areas in drafting the particulars
- What must the claimant plead?
- What should the defence contain?
- When do you need to file a reply or a defence to counterclaim?
- Part 18 requests – what can, and what can’t, they contain?
- Amending statements of case
- Statements of case at trial
- Avoiding the pitfalls of pleading
Barrister
Kings Chambers, Leeds, Manchester and Birmingham and 4-5 Gray's Inn Square, London
Gordon was called to the Bar in 1991 having originally qualified and practised as a solicitor. He practices from Kings Chambers, Leeds, Manchester and Birmingham and 4-5 Gray's Inn Square, London. He works in the area of personal injury litigation and in the law relating to civil procedure, limitation and costs. He has a particular interest in issues relating to damages, evidence, costs and procedure.
Gordon is a former executive committee member of APIL and has lectured widely for APIL and CPIL on personal injury and procedure topics. Gordon is the author of Personal Injury Practice Notes (Cavendish); The APIL Guide to Fatal Accidents (now in its 4th edition); the 14th edition of Munkman and Exall on Damages for Personal Injury Death and Periodical Payments the New Law. He also wrote the section on limitation for the APIL loose-leaf and contributes two chapters to Munkman on Employer’s Liability... view full biography