Martin taggart

Writing a Strong Particulars of Claim for Small Claims Court

1. What Are the Particulars of Claim?

The particulars of claim are a written statement outlining the details of your case in small claims court. It explains:

  • The reason for your claim.
  • The amount you are seeking.
  • Supporting facts and evidence.

The particulars of claim are a crucial part of your court filing and must be clear, concise, and supported by evidence.

2. When Do You Need the Particulars of Claim?

You must include the particulars of claim when filing your claim form (e.g., Form N1 in England and Wales). In some cases, you may attach it to the claim form or submit it separately within 14 days after filing your claim.

3. Key Components of the Particulars of Claim

Your particulars of claim should include:

1. Claimant and Defendant Information

  • Your full name, address, and contact information (Claimant).
  • The full name, address, and contact information of the person or business you’re suing (Defendant).

2. Statement of Facts

  • A clear explanation of why you are making the claim.
  • Key dates and events leading to the dispute.
  • Specify the law or contract that supports your claim.

4. Claim Amount

  • State the total amount you are seeking, including any interest and costs.

5. Interest (Optional)

  • If applicable, include a request for interest on the amount owed.
  • For example: “Interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per annum.”

6. Signature and Date

  • Sign and date the document.

4. Example: Particulars of Claim

Particulars of Claim Example

IN THE COUNTY COURT
Claim Number: [Insert Claim Number]
Between:
[Your Full Name] (Claimant)
And
[Defendant’s Full Name] (Defendant)

1. Introduction

  1. The Claimant is [Your Name], residing at [Your Address].
  2. The Defendant is [Defendant’s Name], residing at [Defendant’s Address].

2. Background Facts

  1. On [date], the Claimant and Defendant entered into an agreement for [describe the agreement, e.g., the supply of services, loan of money].
  2. The Defendant agreed to [summarize the Defendant’s obligations under the agreement].
  3. The Claimant fulfilled their obligations by [state what you did, e.g., providing the services, loaning the money].

3. Breach of Agreement

  1. The Defendant breached the agreement by [state how the Defendant failed to meet their obligations, e.g., failing to pay an invoice, not returning borrowed money].
  2. Despite repeated requests for payment on [list dates of any reminders or communications], the Defendant has failed to pay the outstanding amount.

4. Claim Amount

  1. The Claimant seeks:
    • The principal sum of £[amount owed].
    • Interest on the principal sum at the rate of 8% per annum pursuant to Section 69 of the County Courts Act 1984, from [start date] to [end date], totaling £[interest amount].
    • Court fees of £[filing fee].

5. Total Amount Claimed

  1. The total amount claimed is £[total amount].

Statement of Truth:
“I believe that the facts stated in these particulars of claim are true.”

Signed: ___________________________
Date: _____________________________

5. Tips for Writing Effective Particulars of Claim

  • Be Clear and Concise: Avoid unnecessary details or emotional language. Focus on facts.
  • Stick to Chronology: Present events in a logical order.
  • Include Evidence: Reference key documents but do not attach them (evidence will be submitted later).
  • Double-Check Legal Terms: Ensure you are using accurate terminology and citing relevant laws.
  • Review Before Submitting: Ensure accuracy in amounts, dates, and facts.

6. Frequently Asked Questions (FAQs)

1. Can I amend my particulars of claim?
Yes, you can amend your particulars with the court’s permission. Additional fees may apply.

2. How long should the particulars of claim be?
Aim for brevity. Keep it to 1–2 pages unless the case is complex.

3. Do I need to include evidence in the particulars of claim?
No, you reference the evidence but will provide it later during the court proceedings.

4. What happens if the defendant disputes the claim?
The court will set a hearing date where both parties present their arguments and evidence.

5. Can I submit the particulars of claim online?
Yes, for cases filed through portals like Money Claim Online (MCOL), you can submit particulars digitally.

6. What if the defendant doesn’t respond?
You can request a default judgment if the defendant fails to respond within the required timeframe.

Conclusion

The particulars of claim are an essential part of filing a case in small claims court. A well-drafted statement that clearly outlines your case increases your chances of success. Follow the example and tips provided to ensure your claim is clear, concise, and compliant with court rules. For further assistance, consult a legal advisor or visit the UK Government website.

Trisha Lee