Seminar 4 Particulars of Claim

IN THE COURT OF …………..
BETWEEN Claim No:

MR BERNARD ELLIS
Claimant
and
Put-em-up Quick and Cheap Ltd
Defendant
______________________
PARTICULARS OF CLAIM
_______________________
1. The Claimant is Mr Bernard Ellis of 15, Swallow Road, Radford Nottingham. The
Defendant is “Put-em-up Quick and Cheaper LTd” who carried on work at claimant’s
property in course of their business. (No need to put the, since the names of the
parties are mentioned above)
2. The claimant is the owner of the house 15, Swallow Road, Radford Nottingham. The
defendant is a building company
3. The parties entered into a contract. (Mention the date )
4. The contract included an express term of demolishing and rebuilding the wall at the
claimant’s property.
5. The contract included an implied term that the wall and the material used should be
of satisfactory/good quality. In building contracts, there is an implied term to use
proper care and skill.
6. In performance of contract, on 14 July 2021 the defendant started the work, that
was completed in two days.
7. The Claimant paid £500 via cheque on 15 July 2021for the work carried on at the
property.
8. Two weeks after the work, the wall fell/collapsed on a stormy day. The collapse was
caused by the defendant’s breach of implied term set out at para 5. surveyor
employed by the claimant reported that the foundation of the wall was inadequate,
the material used were substandard and the workmanship was poor.
9. There is a breach of implied term set out above. As a result of this, claimant suffered
loss and damage of cost of rev=building the wall.
10. Interest is claimed under s.69 of county courts act 1984
PARTICULARS OF LOSS
11. Damage to the wall

Prayer:
And the Claimant Claim:
1) Damages====the money needed to get the wall rebuilt from a reputable

contractor
2) Refund of £500====he is not asking for refund of debt, he wants damages
suffered during the contract
Prayer:
FARIHA AFZAL
STATEMENT OF TRUTH
I believe that the facts stated in these particulars of claim are true. I understand that
proceedings for contempt of court may be brought against anyone who makes, or causes to
be made, a false statement in a document verified by a statement of truth without an
honest belief in its truth.
Signature of the Claimant
Dated 29 September 2021
The Claimant’s solicitors, to whom documents should be sent are:
Solicitor’s address
Notes:
 When did he entered the contract?
 Could he enter the contract before he bought the house i.e., 27 June 2021?
 Ask for the contract date to those instructing you (solicitor)
 In this case it won’t actually mater when the contract was formed since there
is not a dispute relating to whether there is a contract or not.
 Ask the terms and conditions of the contract to see whether there is an
expressed or implied term
 The work should be of satisfactory quality (Consumer Rights Act 2015)
 Do not mention where the implied terms come from, but you have to say
what they are
 Also consider terms implied by customs and practice.
 Implied term to use proper care and skill
 Use material that are of good quality
 Implied to use foundation that are fit for their purpose
 Chitty on contracts===book(bible of contract)
 Parties
 You should have an agreement----offer, acceptance, consideration
 Terms
 In a contract case, you can’t talk about breach before you have talked about
terms.
 Performance
 Breach in what way by reference back to the terms
 Causation===what happened because of breach
 Loss
 REMEDY
 Purposes of damages in contract is to put you in a place that you would have
been should the contract has been fulfilled.
 He needs someone to build his wall
 The value of the claim is how much does he need to sort this mess out.
 He doesn’t know about the value yet
 You would have to calculate the damages yourself if claimant doesn’t say
anything. How much a builder would charge him to rebuild the wall? Get
quotes from builder saying this is how much we charge to remedy the
situation. Know the true value of the claim
 If the client paid more that won’t be your problem
 It’s damages claim not det claim
 As a general rule for personal injury claim, you don’t need address
 But here since the address is where the work is carried on so you will have to
put the address
 You do not name the claimant and defendant in the main draft body. Just put
them in the headings.
 In some cases, it would be important to put what the defendant advice to
claimant which led to forming contract. This would be when he was claiming
that he was given bad advice, but this is not the case here.
 Confirm all the dates such as contract formation, work started, work ended,
payment, breach occurred
 1% or less of civil cases go to the court. They are usually resolved outside of
the court.
 Don’t need to put surveyors report because Generally in PI case you are
required to attach an evidence but in contract you usually don’t have to.
====you will see surveyor report in the sample

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IN THE COURT OF …………..

BETWEEN Claim No:

Put-em-up Quick and Cheap Ltd

11. Damage to the wall

1) Damages====the money needed to get the wall rebuilt from a reputable

Signature of the Claimant

Dated 29 September 2021

The Claimant’s solicitors, to whom documents should be sent are:

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