| Defence: common law private nuisance This is an example defence which could be used as a starting point when drafting a defence to a claim for damages in common law private nuisance. It also responds to a claim for an injunction sought to restrain a continuing nuisance. Note that it must be adapted to the specific facts and circumstances and is to be read in conjunction with the integrated drafting notes and Practice note, Common law nuisance. |
| N208: Claim form (Part 8) Click here to access the Word version of this form. Click here to access the pdf version of this form. |
| Particulars of claim: contractual debt claim This is an example particulars of claim which could be used as a starting point when drafting a contractual debt claim. It includes an optional claim for specific performance, in addition to the claim for the contractual debt. Note that it must be adapted to the specific facts and circumstances of the claim and should be read in conjunction with the integrated drafting notes and Practice note, Drafting statements of case. |
| PF56: Request for further information (Pt 18 PD 1.6(2)) Click here to access the HMCTS Word version of this form. |
| N208C: Notes for defendant Part 8 Click here to access a pdf version of this form. |
| N1(CC): Claim form Part 7 Click here to access the Word version of this form. Click here to access the pdf version of this form. |
| N211A: Notes for claimant Part 20 Click here to access a pdf version of this form. |
| N1A: Notes for claimant on completing a claim form Click here to access a pdf version of this form. |
| Particulars of claim: misrepresentation This is an example particulars of claim which could be used as a starting point when drafting a claim for misrepresentation under the Misrepresentation Act 1967 or for deceit (or both) in the context of a contract. It also includes a claim for breach of contract based on the misrepresentation. Note that it must be adapted to the specific facts and circumstances of the claim and is to be read in conjunction with the integrated drafting notes and Practice note, Drafting statements of case. |
| Letter before claim: negligence or breach of duty This is an example letter before claim, to be used as a starting point by the solicitors of a prospective claimant that has a claim for negligence or breach of duty (or both) which is disputed by the prospective defendant, where none of the specific pre-action protocols or other formal pre-action procedure applies. |
| LTA 1954: Details of claim to be included in a landlord's claim form for an unopposed lease renewal This is an example of the details of claim, which can be used as a starting point when drafting a claim made by a landlord for an unopposed lease renewal under the Landlord and Tenant Act 1954 (LTA 1954). If practicable, the details should be set out in the claim form under the heading "Details of claim". However, if there is insufficient space in the claim form, you may need to draft the details of claim as a separate particulars of claim which should be served on the defendant tenant with the claim form (or within a specified period). For an example of the details of claim which can be used when a tenant brings a claim for an unopposed lease renewal, see Standard document, LTA 1954: Details of claim to be included in a tenant's claim form for an unopposed lease renewal. The Part 8 procedure (as amended by Civil Procedure Rule (CPR) 56) must be used for an unopposed lease renewal claim (CPR 56.3(3)). The claim must be made using Claim Form N208. The claim must include all the information set out in CPR 56 and the wording of this standard document should be adapted to the specific facts and circumstances of the claim. |
| Application for extension of time (filing/service of the defence): application notice This document is only available in MS Word format. Click here to view it. For more information see Practice notes, Time Limits and Variation of time limits. |
| Particulars of claim: negligence or breach of duty This is an example particulars of claim which could be used as a starting point when drafting a claim for negligence or breach of duty (or both). It also includes an optional claim for an injunction to restrain continuing negligence, in addition to the claim for damages. Note that it must be adapted to the specific facts and circumstances of the claim and is to be read in conjunction with the integrated drafting notes and Practice note, Drafting statements of case. |
| N11: Defence form Click here to access the Word version of this form. Click here to access a pdf version of this form. |
| Defence: negligent misstatement This is an example that can be used as a starting point when drafting a defence to a claim for negligent misstatement. It must be adapted to the specific facts and circumstances of the claim and is to be read in conjunction with the integrated drafting notes and Practice note, Drafting statements of case. |
| Letter before claim: misrepresentation This is an example letter before claim, to be used as a starting point by the solicitors of a prospective claimant that has a claim for misrepresentation in the context of a contract which is disputed by the prospective defendant, where none of the specific pre-action protocols or other formal pre-action procedure applies. |
| Letter before claim: actual and repudiatory breach of contract This is an example letter before claim, to be used as a starting point by the solicitors of a prospective claimaint that has a claim for actual and/or repudiatory breach of contract which is disputed by the prospective defendant, where none of the specific pre-action protocols or other formal pre-action procedures apply. |
| Particulars of claim for an opposed lease renewal under the Landlord and Tenant Act 1954 This is an example particulars of claim which could be used as a starting point when drafting a claim to terminate a business lease without renewal under the Landlord and Tenant Act 1954 (LTA 1954). Note that it must be adapted to the specific facts and circumstances of the claim and is to be read in conjunction with the accompanying integrated drafting notes and PLC Dispute Resolution, Practice note, Drafting statements of case. The requirements for the claim are set out in Civil Procedure Rule (CPR) 56. The Part 7 procedure and a Part 7 claim form must be used (see, Court form N1) (CPR 56.3(4). |
| Defence: misrepresentation This is an example defence which could be used as a starting point when drafting a defence to a misrepresentation claim, including claims under the Misrepresentation Act or for deceit in the context of a contract or for breach of contract. Note that it must be adapted to the specific facts and circumstances of the claim and is to be read in conjunction with the integrated drafting notes and Practice note, Drafting statements of case. |
| Letter before claim: judicial review A letter before claim to be used by a claimant before issuing a claim for judicial review. |
| Particulars of claim: actual and repudiatory breach of contract This is an example particulars of claim that can be used as a starting point when drafting a claim for actual or repudiatory breach of contract (or both). It includes an optional claim for a declaration, in addition to the claim for damages. Note that it must be adapted to the specific facts and circumstances of the claim and should be read in conjunction with the accompanying integrated drafting notes and Practice note, Drafting statements of case. |
| N208A: Notes for claimant on completing a Part 8 claim form Click here to access a pdf version of this form. |
| Defence: restitution (mistake or failure of consideration) This is an example defence which could be used as a starting point when drafting a defence to a restitutionary claim for money had and received on the basis of a mistake or total failure of consideration. It also includes a defence to an alternative claim for a quantum meruit and to a claim for compound interest. Note that it must be adapted to the specific facts and circumstances of the claim and is to be read in conjunction with the integrated drafting notes and Practice note, Drafting statements of case. |
| Defence: negligence or breach of duty This is an example defence which could be used as a starting point when drafting a defence to a claim for negligence or breach of duty (or both). It also responds to a claim for an injunction sought for continuing or threatened negligence. Note that it must be adapted to the specific facts and circumstances of the claim and is to be read in conjunction with the integrated drafting notes and Practice note, Drafting statements of case. |
| N1C: Notes for defendant on replying to the claim form Click here to access a pdf version of this form. |
| Compound interest calculator This spreadsheet is designed to help you calculate compound interest on a claim and is viewable in Excel. |
| Letter before claim: common law private nuisance This example letter before claim is for use as a starting point by the solicitors of a prospective claimant who has a claim in common law private nuisance that is disputed by the prospective defendant, where none of the specific pre-action protocols or other formal pre-action procedure applies. The letter requests the prospective defendant to abate a continuing nuisance and seeks damages for the nuisance. The letter before claim must be adapted to the specific facts and circumstances. It should be read in conjunction with its integrated drafting notes and Practice note, Common law nuisance. |
| PF58: Order for clarification or further information (rule 18.1) Click here to access the HMCTS Word version of this form. |
| Letter before claim: restitution (mistake or failure of consideration) This is an example letter before claim, to be used as a starting point by the solicitors of a prospective claimant that has a restitutionary claim for money had and received on the basis of a mistake or total failure of consideration or, alternatively, a claim for quantum meruit, which is disputed by the prospective defendant, where none of the specific pre-action protocols or other formal pre-action procedure applies. |
| Particulars of claim: negligent misstatement This is an example particulars of claim that can be used as a starting point when drafting a claim for negligent misstatement. It must be adapted to the specific facts and circumstances of the claim and is to be read in conjunction with the integrated drafting notes and Practice note, Drafting statements of case. |
| N211(CC): Claim form (Part 20) Click here to access the Word version of this form. Click here to access the pdf version of this form. |
| ADM3: Collision statement of case Click here to access the Word version of this form. Click here to access the pdf version of this form. |
| N208(CC): Claim form (Part 8) Click here to access the Word version of this form. Click here to access the pdf version of this form. |
| Defence: actual and repudiatory breach of contract This is an example defence which could be used as a starting point when drafting a defence to a claim for actual or repudiatory breach of contract. Note that it must be adapted to the specific facts and circumstances of the claim and is to be read in conjunction with the accompanying drafting notes and Practice note, Drafting statements of case. |
| N1: Claim form Part 7 Click here to access the Word version of this form. Click here to access a pdf version of this form. |
| Application to restrict access to court documents (CPR 5.4C): case study This is an example of an application under CPR 5.4C to restrict access to statements of case and other documents on the court file. The materials comprise an application notice accompanied by drafting notes, together with a draft order. PLC Dispute Resolution would like to thank Master Fontaine for her assistance with these illustrative documents. |
| Order for extension of time (for filing/service of the defence) An example draft order to apply for an extension of time for filing and service of the defence. For further information, see Practice notes, Time Limits and Variation of time limits. |
| Letter before claim in respect of a disputed debt An example of a letter before claim in respect of a disputed debt, with integrated drafting notes. |
| Letter before claim: negligent misstatement This is an example letter before claim, to be used as a starting point by a prospective claimant (or its solicitors) who has a claim for negligent misstatement that is disputed by the prospective defendant. This form of letter assumes that none of the specific pre-action protocols or other formal pre-action procedure apply. |
| Riot Damages Act Claim Form Click here to access the Word version of this form. Click here to access the pdf version of this form. |
| Particulars of claim: restitution (mistake or failure of consideration) This is an example particulars of claim which could be used as a starting point when drafting a restitutionary claim for money had and received on the basis of a mistake or total failure of consideration. It also includes an alternative claim for a quantum meruit and a claim for compound interest. Note that it must be adapted to the specific facts and circumstances of the claim and is to be read in conjunction with the integrated drafting notes and Practice note, Drafting statements of case. |
| LTA 1954: Details of claim to be included in a tenant's claim form for an unopposed lease renewal This is an example of the details of claim that can be used as a starting point when drafting a claim made by a tenant for an unopposed lease renewal under the Landlord and Tenant Act 1954 (LTA 1954). If practicable, the details should be set out in the claim form under the heading "Details of claim". However, if there is insufficient space in the claim form, you may need to draft the details of claim as a separate particulars of claim which should be served on the defendant landlord with the claim form (or within a specified period). For an example of the details of claim that can be used when a landlord brings a claim for an unopposed lease renewal, see Standard document, LTA 1954: Details of claim to be included in a landlord's claim form for an unopposed lease renewal. The Part 8 procedure (as amended by Civil Procedure Rule (CPR) 56) must be used for an unopposed lease renewal claim (CPR 56.3(3)). The claim should be made using Claim Form N208. The claim must include all the required information set out in CPR 56 and the wording of this standard document should be adapted to the specific facts and circumstances of the claim. |
| Particulars of claim: common law private nuisance This is an example particulars of claim which could be used as a starting point when drafting a claim in common law private nuisance. The remedies sought are injunctive relief, to restrain a continuing nuisance, and also damages. Information to assist making a claim under Rylands v Fletcher is also included. Note that the particulars of claim must be adapted to the specific facts and circumstances and is to be read in conjunction with the integrated drafting notes and Practice note, Common law nuisance. |
| N9D: Defence/counterclaim (unspecified amount and non-money claims) Click here to access the Word version of this form. Click here to access a pdf version of this form. |
| Defence: contractual debt claim This is an example defence which could be used as a starting point when drafting a defence to a contractual debt claim. It also includes an optional defence to a claim for specific performance. Note that it must be adapted to the specific facts and circumstances of the claim and is to be read in conjunction with the accompanying drafting notes and Practice note, Drafting statements of case. |
| PF57: Application for clarification or further information (Part 18 and Part 18 PD para 5) Click here to access the pdf version of this form. |
| N9B: Defence/counterclaim (specified amount) Click here to access the Word version of this form. Click here to access the pdf version of this form. |
| N211: Claim form (Part 20) Click here to access the Word version of this form. Click here to access the pdf version of this form. |