One of the first steps to starting court proceedings is filing a statement of claim. A statement of claim is a pleading, which is a document that contains a summary of the facts outlining your case. If you do not draft your statement of claim correctly, the court or other party may require you to re-draft or amend it. This can cause delays to your hearing, add costs to your legal proceedings, and potentially, cause your claim to be dismissed altogether. This article will explain a statement of claim and some key steps you should take when filing one.
What is a Statement of Claim?
A statement of claim is the first time the court will hear from you about your case. That is, it is the foundation document that establishes your claim and who the parties to the claim are. When you submit this to the court, you also serve a copy on the other party, or the defendant, of the claim. This alerts them of the issues you raise and outlines your legal case that they will need to respond to.
The statement of claim will contain both pleadings and particulars. The pleadings outline the facts and assertions made against the other party. The particulars give more specificity to these assertions. You should not confuse particulars, which specify your points, with evidence, such as extracts or conversations you had. A statement of claim should not include any supporting evidence of the facts. It should merely outline what has occurred and what you are claiming.
In addition, your statement of claim should also set out:
- what you are seeking from the other party; and
- the cause of action you are relying on to seek this.
For example, you made an agreement with someone to loan them money, and they did not pay you back. Here, you would likely seek monetary compensation, or damages, for the amount owed under the contract. The cause of action may be a breach of your loan agreement.
Importantly, you should draft your statement of claim in a clear and concise way. Your claims and the facts you rely on should be unambiguous and make a reasonable argument. If you do not meet these requirements, you may be asked to rewrite your statement of claim, causing delays to your case. Furthermore, not amending it within the given time frame will require you to apply to the court to approve the amendment. This can be costly. Having an unclear statement of claim may also lead to your claim being “struck out”, or dismissed by the court.
What Will My Lawyers Be Doing?
Because drafting a statement of claim can be a complex process, you may want to consider seeking legal advice or a lawyer to assist you.
Your lawyer can help you draft your statement of claim by:
- considering all possible causes of action;
- examining potential weaknesses in your case; and
- requesting from you any relevant documents or additional information.
By doing so, you will be able to make a stronger claim whilst preparing accordingly for any arguments the other party is likely to raise against you.
Once finalised, you must file the claim with the relevant court and serve it on the other side. Filing normally occurs via an online portal. Serving the documents on the other party may include personal service if they are an individual, or by post to the registered office if they are a company.
Continue reading this article below the formWhat Do I Need To Do?
If you want to prepare a statement of claim to file proceedings, there are a few things that your lawyer may need you to do. This includes:
- Providing relevant documents for review: If you have not already provided all the relevant documents, you must do so. It is also helpful to develop a timeline of events to date if your dispute has a long history.
- Clarifying certain matters: To ensure everyone is on the same page, you may need to provide additional information or clarify details in specific documents to your lawyer.
- Reviewing your claim: You should review the finalised statement of claim to ensure that it is factually accurate and your lawyer has effectively communicated what you are seeking.
- Asking questions: If you do not understand something, it is also crucial you ask your lawyer to minimise confusion.
You should be aware that once a statement of claim is filed, there can be cost implications to withdraw the proceedings. You should ensure you have taken legal advice about the strengths and weaknesses of your claim and know the risks involved in commencing legal proceedings before filing a statement of claim.
This guide provides key information on how to manage a business dispute as quickly and cost-effectively as possible.
Key Takeaways
A statement of claim outlines the foundational information of your case, including:
- your claim;
- parties to the claim;
- pleadings and particulars;
- what you are seeking from the other party; and
- the cause of action you are relying on.
As a key initial step in the court process, it is crucial you draft your statement of claim clearly and succinctly. Failure to do so may cause delays to your case, as well as additional costs and the risk of your claim being struck out. To ensure your claim is accepted, consider seeking legal advice and being active in the drafting process.
If you would like assistance regarding statements of claim, contact our experienced litigation lawyers as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
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