Statements of Case

Introduction

A **statement of case** is a formal set of documents prepared by the parties to set out their respective cases **concisely and precisely**, which must be submitted to the court and served on the opposing side. This chapter examines the **purpose, structure and content** of statements of case, the **statement of truth** that verifies them, the **professional obligations** a solicitor owes when drafting them, the **timeline** for filing under the Civil Procedure Rules 1998 ('CPR'), the court's power to **strike out**, and the procedures for **requests for further information** (CPR Part 18) and **amendments** (CPR Part 17).

Assessment focus

For the SQE1 FLK1 assessment you must be able to identify the **components** of a statement of case (claim form, particulars of claim, defence and, where appropriate, a reply), and apply the **key CPR time limits** — in particular the **14-day** period for filing a defence, the **28-day** period where an acknowledgement of service is filed, and the parties' freedom to **agree an extension of up to 28 days** under CPR r 15.5. Questions are single best answer questions (SBAQs) set in **realistic client-based scenarios**; you will be expected to **apply** the rules — for example, to advise whether a defendant is in time, whether a default judgment is available, or whether an amendment requires the court's permission. This is a closed-book assessment, so the precise rule numbers and periods must be recalled from memory.

Study tips

1) Memorise the **components**: claim form + particulars of claim, defence, and (if needed) reply to defence. 2) Remember the **golden rule of evidence**: a statement of case sets out the **factual basis** of the claim but does **not itself serve as evidence** at trial (CPR r 32.2(1)). 3) Lock in the **time limits**: defence **14 days** after service of particulars, or **28 days** if an acknowledgement of service is filed; agreed extension of **up to 28 days** (CPR r 15.5); anything beyond requires a court application. 4) Note the **page limit**: statements of case should be concise — if over **25 pages** (excluding schedules), an appropriate short summary must be included at the start (CPR PD 16, para 1.3). 5) Every statement of case (and every amendment) must be **verified by a statement of truth** (CPR PD 22, para 2.1; r 22.1(1), (2)). 6) Master the **strike-out** grounds (CPR r 3.4(2)) and the **amendment** rules: free amendment before service; after service, **consent of all parties or court permission** (CPR r 17.1).