The next stage is to prepare the claim form. The general claim form for civil proceedings is N1. The claim form would set out “(a) …the names and addresses of the respective parties, (b) give a concise statement of the nature of the claim, (c) state the remedy sought and (d) contain a statement of value where the claim is for money”.
To fulfil criteria (d), it must be stated whether the award of damages for pain, suffering and loss of amenity would be higher or lower than £1,000. In the case instant, the injuries sustained by the client suggest that the damages would be higher than £1,000. For instance, for her left leg alone, she could receive a minimum of £25,000.
Particulars of claim would also need to be prepared. “Particulars of claim is the term used to describe the formal written statement setting out the nature of the claimant’s case together with the nature of the relief or remedy sought from the defendant”. The contents of the particulars of claim for the case instant would contain, firstly, particulars of negligence. For instance, ‘the defendant was negligent in not stopping at a red light which he should have done according to the law’. Following this, it must be indicated that the client is claiming for general damages, i.e. pain and suffering and loss of amenity. For this reason, particulars of injury need to be set out. In relation to the client’s case these would be;
- two broken ribs
- loss of three front teeth
- broken nose
- affected eyesight
- both legs broken, left leg suffered a compound fracture
- any mental suffering
A medical report would need to be attached to the particulars of claim which deals with the above injuries. The client’s date of birth needs to be given also. The reason being is that the age may affect the quantity of some of the damages she would receive. If the client wishes to claim for special damages, then these could either be attached to the particulars of claim or briefed in a separate document. The special damages need to have a specific amount. For instance, if the client wishes to claim for hospital treatment or prescriptions, the exact amount of expenditure needs to be given. The particulars of claim would generally be served with the claim for. If not however, it must be served no later than fourteen days following service of the claim form. A statement of truth must accompany the claim form and the particulars of claim. If the client, for a reason, does not make a statement, one could be made on her behalf.
Because the facts of the case suggest there being a potential witness, details of the witness must be obtained in order to prepare a witness statement. Generally, a witness statement should include;
- The party for whom the statement would act. In the case instant it would be the ‘claimant’
- The initials and surname of the witness
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It must be stated whether the statement is the witnesses 1st,2nd,3rd etc
- Any exhibits referred to, i.e. letters, must be identified by their initials and number and must be exhibited
- The date on which the statement was made
- The witnesses details, i.e. full name, address, employment status etc
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The witness statement must end with a ‘statement of truth. According to Practice Direction 32, para. 20.2, the statement of truth must read “I believe that the facts stated in this witness statement are true”
It must be noted that the witness statement, if possible, should be in the witnesses own words and expressed in the ‘first person’. Furthermore, legal arguments should not be ‘put into the mouth of the witness’.
After the above documents have been obtained and completed, proceedings can be started by sending the claim form (M1) into court. Proceedings are commenced when the court seals the claim form with the court seal, i.e. issues the claim form.
0118182
Q2(b)
Legal Practice I
LA266
The facts of the case instant illustrate that Susan ‘drove off without putting on her seat belt’ and that she was using her mobile phone whilst driving. The other driver (the defendant) could argue that the use of a mobile phone whilst driving, could amount to contributory negligence. The fact that she was not wearing a seat belt could have impact on the amount of damages she would receive at the conclusion of the case. For instance, the defendant could argue that some of her injuries could have been prevented or minimised if she was wearing a seat belt. If a medical expert witness verifies this then the quantum of damages Susan would receive could be less than the quantum she would have received if she were wearing a seat belt.
The defendant needs to file his defence at court. He has either fourteen days to do so after service of particulars of claim or twenty-eight days after he acknowledges service.
Article; CLS Information Leaflet Number 17 – Personal Injury, Complaining and Claiming Compensation. Publisher; The Legal Services Commission. Source;
Sime.S ‘A practical approach to civil procedure’, chapter 7, page 68, Oxford.
Note; this is a general figure issued by
Other general figures which relate to some of the client’s injuries are;
(i) moderate arm injury £9,000 - £75,000 Severe arm injury with permanent disability £18,000 - £150,00 (it is unclear from the facts of the case instant which of the above would actually apply to the client)
(ii) Nose injury up to £15,000
(iii) Teeth injuries up to £15,000
Sime.S ‘A practical approach to civil procedure’, chapter 7, page 71, Oxford.
Alex Lawrie Factors Ltd v. Morgan, Morgan and Turner, The Times, August 18, 1999
Civil Procedure Rules, rule 15.2