{"id":29661,"date":"2023-11-29T23:01:32","date_gmt":"2023-11-29T23:01:32","guid":{"rendered":"https:\/\/legalblog.ie\/?p=29661"},"modified":"2024-05-06T16:11:41","modified_gmt":"2024-05-06T16:11:41","slug":"pleadings-overview","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/pleadings-overview\/","title":{"rendered":"Statement of Claim"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/pleadings-overview\/#General\" title=\"General\">General<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/pleadings-overview\/#Requirement_for_Pleadings\" title=\"Requirement for Pleadings\">Requirement for Pleadings<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/pleadings-overview\/#Claim\" title=\"Claim\">Claim<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/pleadings-overview\/#Statement_of_Claim_Procedure\" title=\"Statement of Claim Procedure\">Statement of Claim Procedure<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/pleadings-overview\/#Statement_of_Claim_Contents\" title=\"Statement of Claim Contents\">Statement of Claim Contents<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/pleadings-overview\/#Some_Specific_Requirements\" title=\"Some Specific Requirements\">Some Specific Requirements<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/pleadings-overview\/#Notice_for_Particulars\" title=\"Notice for Particulars\">Notice for Particulars<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/pleadings-overview\/#Failure_to_Provide\" title=\"Failure to Provide\">Failure to Provide<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"General\"><\/span>General<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Pleadings are a feature of most civil claims. Pleadings are statements of facts. which set out a party&#8217;s case.\u00a0 In the High Court, \u00a0the claimant&#8217;s case will be set out in detail in his Statement of Claim.\u00a0 The defendant\u2019s defence will be set out in his Defence.\u00a0 Pleadings may also be embodied in the defendant&#8217;s counterclaim and the claimant&#8217;s response, as well as certain other documents.<\/p>\n<p>See the separate chapter on Circuit Court practice, in relation to pleadings at Circuit Court level.\u00a0 At District Court level, the requirements for pleadings is significantly less. The Civil Summon \u00a0sets out a basic statement of the nature of the claim. The general rules of pleading do not apply. There is no requirement to plead a defence. A general Notice of Intention to Defend puts all matters in issue. The amended District Court Rules increase the role of pleadings.<\/p>\n<p>Pleadings should set out the claim and defence in clear terms.\u00a0 The purpose of pleadings is to define with clarity, the matters in dispute (issue) between the parties.\u00a0 They give notice of the contested matters, with respect to which evidence must be given at trial.\u00a0 They enable the trial process to concentrate on the matters which are actually disputed.<\/p>\n<p>The format of pleadings is set out in the Court Rules. They \u00a0must be divided into paragraphs and numbers. Details of the action and the party&#8217;s solicitor must be included.\u00a0 Where counsel has drafted pleadings, which will typically occur in the higher courts, his name will generally appear and he may sign them. Otherwise, the party\u2019s solicitor may sign them.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Requirement_for_Pleadings\"><\/span>Requirement for Pleadings<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>See the sections on the High Court and the Circuit Court, \u00a0in relation of the time limits in which pleadings are to be delivered.\u00a0 Parties frequently agree extensions to the time for delivery.\u00a0 If the pleadings are not delivered on time, an application may be made for an appropriate order including, for example, a judgment in default of defence, unless pleadings are delivered within a set time limit.<\/p>\n<p>In certain types of claim, the court rules particular details to be given in respect of particular claims. \u00a0In the case of civil cases, including claims for debt, breach of contract, torts or breach of trust, details of the wrong, injuries and loss suffered together with particulars of damage, must be set out in the claim or counterclaim.\u00a0 If contributory negligence is alleged, it must be particularised, in the same manner as the claimant\u2019s claim.<\/p>\n<p>It is not enough to simply claim a breach of contract or negligence.\u00a0 The basis upon which the duty of care existed and was breached, should be set out. Allegations of fraud, breach of trust, misrepresentation and undue influence must be particularised. For example, the particulars of the nature of the fraud and how it occurred, should be set out. The seriousness of the allegations justify that particulars of the allegation should be made. If the requisite information exceeds a certain length, reference may be made to particulars already given or to be given.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Claim\"><\/span>Claim<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Pleadings must contain a statement in summary form of the material facts, on which the party relies in his claim or defence.\u00a0 It must not set out evidence by which the matters are to be proved. The facts which constitute the basis upon which the law grants a remedy, should be set out.\u00a0 The facts found the claim or so called \u201ccause of action\u201d.\u00a0 Each necessary element of the claim, must be set out in a pleaded facts. Where separate claims are made, each should be separately pleaded.\u00a0 The same principle applies to defences which are based on separate contentions.<\/p>\n<p>If documents are relevant to the claim, the effect of the document may be set out briefly in the pleading, without setting out the entire document. Matters alleged, but not denied in a defence, will be taken as admitted.\u00a0 The denial should not be blanket, but must deal with each alleged fact.\u00a0 Each alleged fact should either be admitted or denied. This general principle is reflected in other rules which require, that particular type of claims or denials (in particular serious claims such as fraud) \u00a0must be specified in greater detail.<\/p>\n<p>When the procedure is by summary summons or special summons, no statement of claim or other pleading shall be delivered except by order of the Court. This order may be made in any case in which the delivery of such statement of claim or other pleading appears to be requisite.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Statement_of_Claim_Procedure\"><\/span>Statement of Claim Procedure<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The statement of claim is required in plenary proceedings. The plaintiff may, subject to the terms of any order of the Court made in the proceedings, deliver a statement of claim with the plenary summons or notice in lieu thereof, or at any time within eight weeks from the service thereof. This was formerly three weeks.<\/p>\n<p>Where the defendant enters an appearance to a plenary summons and, at the time of entering such appearance or within eight days thereafter, gives notice in writing to the plaintiff or his solicitor, that he requires a statement of claim to be delivered, the plaintiff, if he has not already done so, shall, subject to the terms of any order of the Court made in the proceedings, deliver a statement of claim within eight weeks from the receipt of such notice.<\/p>\n<p>If consent is refused, the party concerned may make the application to court for a consent, which should explain the reason for the delay. Such application will be readily allowed in the absence of good reason to the contrary, and accordingly parties will usually grant consents to short\u00a0 and reasonable extensions of time.<\/p>\n<p>Subject to rules as to filing a statement of claim when there is no appearance, no statement of claim need be delivered when the defendant fails to appear or fails to serve the above notice\u00a0 Where the plaintiff delivers a statement of claim without being required to do so, or the defendant unnecessarily requires such statement, the Court may make such order as to the costs occasioned thereby as shall be just, if it appears that the delivery of a statement of claim was improper or unnecessary.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Statement_of_Claim_Contents\"><\/span>Statement of Claim Contents<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The statement of claim sets out the claimant&#8217;s claim in detail in accordance with the principles of pleading. The claim must be within the scope of the endorsement of claim on the plenary summons.<\/p>\n<p>The claimant may alter or modify his claim or extent it without amendment, but may not make a new claim under disguise. Where jurisdiction is claimed under the Judgments Regulation, certain statements are required in the claim which certify the basis of the court&#8217;s jurisdiction under it.<\/p>\n<p>The statements of claim must set out the relief claimed.mWhere the plaintiff seeks relief in respect of several distinct claims or causes of complaint founded upon separate and distinct grounds, they shall be stated, as far as may be, separately and distinctly. The same shall apply where the defendant relies upon several distinct grounds of defence, set-off, or counterclaim, founded upon separate and distinct facts.<\/p>\n<p>There may be a claim for damages.\u00a0 It should distinguish between special and general damages.\u00a0 General damages are those which the law will presume to be the natural and proper condiments of the acts pleaded.\u00a0 They arises automatically and is therefore necessary to be proved.\u00a0 Accordingly it may be claimed in general terms.<\/p>\n<p>Special damages are not presumed to arise. They are those which arise in the particular l circumstances of the case.\u00a0 They should be expressly claimed and particularised in the pleadings in the proceedings.<\/p>\n<p>The Statement of claim must specify the relief claimed either alone or in the alternative.\u00a0 This may include damages, injunctions, declarations, appointments for receiver, specific performance, account stated etc. in accordance with the appropriate remedies available in respect of that cause of action at law or in equity.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Some_Specific_Requirements\"><\/span>Some Specific Requirements<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In every case in which the claim\u00a0 is a stated or settled account, the same shall be alleged with particulars, but in every case in which a statement of account is relied on by way of evidence or admission of any other cause of action which is pleaded the same shall not be alleged in the pleadings.<\/p>\n<p>Where a plaintiff intends or proposes to offer expert evidence on any matter at the trial, the statement of claim shall disclose that intention or proposal and state succinctly the field of expertise concerned and the matters on which expert evidence is intended or proposed to be offered.This rule shall not apply to personal injuries actions.<\/p>\n<p>The statement of claim of a plaintiff which is a body, organisation or association in a data protection Act action shall) include a statement to that effect, and) confirm that the plaintiff satisfies each relevant requirement of Article 80 of the Data Protection Regulation.The statement of claim of a plaintiff which is a body, organisation or association to which section 120(2) of the Data Protection Act 2018 applies shall confirm that each paragraph of section 120(2) of the Data Protection Act 2018 applies to that plaintiff.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Notice_for_Particulars\"><\/span>Notice for Particulars<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>If a party\u2019s claim \/ case is unclear from the proceedings, the other party may give Notice for Particulars.\u00a0 The Notice for Particulars requests further and better particulars of the claim or defence.\u00a0 If they are not given voluntarily, a motion may be made to compel a reply. The further particulars should not seek evidence.<\/p>\n<p>The court may grant an order compelling further particulars, where there is a doubt as to the scope of the case against the applicant.\u00a0 Where the case made is clear and the particulars are not really necessary, full particularisation of the claim will not be required.\u00a0 The position would be otherwise if a party may be unfairly disadvantaged or taken by surprise, at trial by matters that are unclear from the pleadings.<\/p>\n<p>Particulars may be sought for further pleading or for the purpose of the trial.\u00a0 They will not be granted for the purpose of the trial, unless they are necessary or desirable for the purpose of a fair hearing.<\/p>\n<p>A party is not entitled to know the evidence against him or the identity of the witnesses to be called.\u00a0 However, there may circumstances where the identity of witnesses may be required in order to enable the opponent to\u00a0 make his case fairly.\u00a0 Generally, the matters on which \u00a0witnesses are called, are entirely that for the party concerned.\u00a0 If the allegations made are true, then \u00a0he cannot complain to be taken by surprise by the particular witnesses called.<\/p>\n<p>Particulars may be sought at any time before the trial.\u00a0 However, the application must be made with reasonable expedition and may be denied on the ground of undue delay. The particulars \u00a0\u00a0must fall within the scope of the pleadings raised.\u00a0 They cannot vary it.\u00a0 They must clarify it.<\/p>\n<p>Particulars are not generally required to be updated.\u00a0 Where however, new matters arise which could take the opponent by surprise such as to cause unfair prejudice, further particulars should be given or the opposing party should be notified.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Failure_to_Provide\"><\/span>Failure to Provide<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>If a party to proceedings does not provide particulars, his pleadings may be struck out, as an ultimate sanction.\u00a0 An application must be made on motion to the court that the proceedings be struck out.\u00a0 If the application is granted, it may be determinative of the claim.. The court is likely grant further time or impose conditions on foot of such an application and provide a sanction if \u00a0the order is not complied within a specified time.<\/p>\n<p>See the section\u00a0 on High Court procedure in relation to High Court pleadings.\u00a0 The pleadings are comprised with plenary summons (which sets out brief particulars of claim only), the statement claim, defence and reply.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-29661\" data-postid=\"29661\" class=\"themify_builder_content themify_builder_content-29661 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>General Pleadings are a feature of most civil claims. Pleadings are statements of facts. which set out a party&#8217;s case.\u00a0 In the High Court, \u00a0the claimant&#8217;s case will be set out in detail in his Statement of Claim.\u00a0 The defendant\u2019s defence will be set out in his Defence.\u00a0 Pleadings may also be embodied in the [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[425],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29661"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=29661"}],"version-history":[{"count":10,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29661\/revisions"}],"predecessor-version":[{"id":36166,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/29661\/revisions\/36166"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=29661"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=29661"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=29661"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}