Rule 16.4 Contents of the particulars of claimF1

England and Wales

(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 the grounds for claiming them;

(d)

if the claimant is seeking provisional damages, a statement to that effect and the 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 they must—

(a)

state whether they are 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).

Annotations

F1: Rules 16.4-16.7 substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 12(4)