The Particulars of Claim set out the factual and legal basis upon which a claimant says they are entitled to a remedy. They are not simply an introduction to the case. They define the allegations that the Defendant is required to answer.
Clarity is essential.
The parties, chronology and basis of the claim should be sufficiently clear for the Defendant and Court to understand the case being advanced.
Evidence and pleadings are different.
Particulars of Claim should not become a witness statement. Detailed evidence will normally come later. The pleading identifies the case; the evidence proves it.
Get the parties right.
Naming the wrong Defendant can create serious difficulty. Check corporate identities, individuals, insurers and any relevant contractual or statutory relationships carefully.
Amendments can become complicated.
If important allegations or parties have been omitted, correcting the position later may require an amendment and sometimes the Court’s permission. Care at the outset can avoid unnecessary applications and costs.
