Thread: How to Defend a claim when there are no particulars of claim P.O.C due to McColl ?

need a bit of help on this one if the claim is mccoll (say) and there are

NO PARTICULARS OF CLAIM
THEN WHAT HAPPENS

ASSUMING we are trying to defend it ?

please help !



the link is here PART 16 - STATEMENTS OF CASE

Contents of the particulars of claim
16.4
(1)Particulars of claim must include –

(a)a concise statement of the facts on which the claimant relies;

(b)if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);

(c)if the claimant is seeking aggravated damages (GL) or exemplary damages (GL) , a statement to that effect and his grounds for claiming them;

(d)if the claimant is seeking provisional damages, a statement to that effect and his grounds for claiming them; and

(e)such other matters as may be set out in a practice direction.


(2)If the claimant is seeking interest he must –
(a)state whether he is doing so –

(i)under the terms of a contract;

(ii)under an enactment and if so which; or

(iii)on some other basis and if so what that basis is; and

(b)if the claim is for a specified amount of money, state –

(i)the percentage rate at which interest is claimed;

(ii)the date from which it is claimed;

(iii)the date to which it is calculated, which must not be later than the date on which the claim form is issued;

(iv)the total amount of interest claimed to the date of calculation; and

(v)the daily rate at which interest accrues after that date.

(Part 22 requires particulars of claim to be verified by a statement of truth)

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???

This is a strange one. How can the make a claim with any POC. I would have thought that the Judge would instruct them to file and serve the POC before proceeding.

If there is no POC how can you be expected to claim.. sounds really weird

Particulars of claim can be served separately and they may arrive at a later date, however I don't know if this is possibly through MCOL. If particulars are served separately they must arrive within 14 days.

Do/did you have a financial arrangement with the claimant and is the amount of claim specified?