In professional negligence, the particulars of claim must outline the claimant’s case in sufficient detail for the defendant to formulate a defence.
In this article, Professional Negligence Particulars Of Claim, we consider the process and mechanism involved.
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What is professional negligence?
In general, professional negligence occurs when a professional fails to fulfil his or her duties to the required standard. A claim may be founded on any of the following:
- Breach of an express or implied contractual term
- Breach of the duty of care owed in negligence, a tort
- Breach of fiduciary duty
- Breach of a legal obligation
Depending on the circumstances, these claims may be initiated by the professional’s client, but third parties may also be able to sue the professional.
Professional negligence is a component of negligence under English tort law. This is a common law legal system, which is a branch of the law that imposes civil liability for obligation breaches.
Professional negligence occurs when someone causes loss to another person as a direct result of their own neglect or recklessness, or when a substandard service results in loss or damage.
What should be included in the particulars of claim?
The following must be included in the particulars of claim according to the Civil Procedure Rules (CPR):
- A concise summary of the claimant’s case and the supporting evidence
- If the claimant is pursuing interest, a statement to that effect along with the basis (and, if applicable, the rate) for the claimed interest
- If the claimant is seeking aggravated, exemplary, or provisional damages, a statement to that effect and the justification for pursuing them
- A declaration of truth
What is the purpose of a particulars of claim?
The particulars of claim comprise a particulars of claim form or a distinct, stand-alone document. The particulars of claim is an essential document for the claimant in a lawsuit, as it describes the nature of the dispute and informs the defendant of the case they must defend.
The particulars of claim serve as the basis for all other court documents. It specifies what is pertinent to how the defendant must respond in their defence.
There are two primary principles associated with particulars of claim:
- The claimant must state all the facts necessary for the purpose of formulating a complete cause of action against the defendant, and
- The claimant must give the defendant sufficient information about the facts alleged to enable them to understand the case that must be defended.
If a plaintiff wishes to file a legal claim, it must be a legally recognised claim. It must also be written so that the defendant (and the court) can comprehend it.
If these conditions are not met due to the ambiguity of the claim, defendants are unable to adequately prepare their defence. As a result, opposing parties will incur unnecessary costs in preparing to defend or respond to allegations, and the court will lack confidence in the case it must determine.
In these instances, the particulars of claim are deemed “embarrassing” because the opposing party cannot adequately respond to the allegations. They lack the necessary “particularity”. If the opposing party employs the word “embarrassing” in their opening statement, it is possible that a motion to dismiss will be filed.
Responding to particulars of claim
A defence is the formal response to the particulars of claim. Similarly, the rules stipulate what essential information a defence must include. Specifically, a defendant must indicate which of the allegations in the particulars of claim are denied, which they cannot confess or deny, and which require the claimant to prove.
When a defendant denies an allegation, he or she must state the reasons for doing so, including any version of events that differs from that provided by the claimant in the particulars of claim.
Failure to comply with the regulations regarding particulars of claim
The court may impose sanctions on the claimant if the particulars of claim do not comply with the rules regarding their content or timing of service. This could include an order to amend the claim particulars to comply with the rules, as well as penalties for costs.
It could even involve the claim being dismissed entirely. This could be done at the request of the defendant or on the court’s own accord.
Under the rules, the court has the authority to strike out the entirety or a portion of a plaintiff’s or defendant’s statement of claim if it contains no reasonable grounds for pursuing or defending a claim. The court may conclude that the particulars of claim do not disclose a reasonable ground, for instance, if the facts fail to identify the subject matter of the claim, if the facts are incoherent and make no sense, or if the facts are coherent but, even if true, do not disclose any legally recognisable claim against the defendant.
The court may also grant summary judgement against the claimant if they have no realistic chance of succeeding with their claim.
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We have a proven track record of dealing with professional negligence. We will guide you through the process and ensure all checks are carried out swiftly and efficiently. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
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Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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