The particulars of claim must state concisely the case of the claimant and set out the facts on which they rely. The material facts must be set out in sufficient detail by giving particulars of the allegations to establish a cause of action.
It is important to distinguish between what must be contained in the claim form and what must be contained within the particulars of claim.
The particulars must include:
- The relevant details of, and background to, the parties involved
- The essential ingredients of the cause of action which, if proved, would give the claimant a right to the remedy claimed
- The remedies sought
- A statement that the claimant has suffered loss and damage and particulars of the loss and damage suffered.
- A claim for interest, whether under the terms of a contract, statutory provision or on some other basis.
Certain specific causes of action have particular requirements for the details which must be included in the particulars of claim, for example fraud, misrepresentation and claims based on oral contracts.
Part 16 of the Civil Procedure Rules 1998 (“CPR”) and the supporting practice direction set out the requirements and formalities for statements of case, including the particulars of claim. Non-compliant statements of case must be amended or are at risk of strike out or other sanctions.
The particulars of claim must be contained within the claim form or served separately with the claim form or within 14 days after service of the claim form, subject to the provisions of Rule 7.5 of the CPR. Particulars of claim which are not contained in the claim form must be verified by a statement of truth.