Scope of this Practice Note This Practice Note provides a set of worked examples for pleading: • the particulars of claim • defence; and • a reply based on a hypothetical simple contractual debt claim scenario to which the Late Payment of Commercial Debts (Interest) Act 1998 applies. For guidance on debt claims, see the following Practice Notes: • Debt claims • Discharging a contractual debt • Starting a contractual debt claim—a practical guide and Checklists and Flowchart: • Starting a contractual debt claim—checklist • Responding to a contractual debt claim—checklist • Starting proceedings under the Pre-Action Protocol for Debt Claims—flowchart The worked examples below are not designed to be used as Precedents. They do not include all possible claims or defences that might be available in the hypothetical scenario and are not intended to be ‘the perfect pleading’. Rather, they are intended to be read in conjunction with the generic statement of case Precedents linked to below and provide practical examples of how a hypothetical scenario might look when pleaded in

PI & Clinical Negligence analysis: An insurer who withheld key evidence of a Facebook link between a claimant driver and its insured until after service of witness evidence has succeeded in an appeal against the lower court’s refusal to allow it to rely on the evidence. The insurer had deliberately chosen not to allege any link in its initial pleadings and had failed to disclose its evidence in spite of directions requiring disclosure, until after the respondent driver had committed to an account in his witness statement. The trial judge had refused the insurer’s application to amend its claim and rely upon the Facebook evidence, holding that there was insufficient time to meet the new case before the trial date. The claim in deceit and conspiracy was then struck out for want of evidence of dishonesty. The High Court reversed this decision. Although the initial claim was not adequately pleaded and the insurer had deliberately breached its disclosure obligations, it was appropriate to grant relief from sanctions. Written by David Juckes, barrister at Hailsham Chambers.

This Practice Note should be read in conjunction with Practice Note: Starting a professional negligence claim—a practical guide. This Practice Note provides a set of worked examples for pleading: • particulars of claim • defendant request for further information • defence and counterclaim • reply and defence to counterclaim based on a hypothetical claim scenario arising out of the purchase by Mr and Mrs Client of a property called Whiteacre, and the role of their solicitors on the purchase (Solicitors) with regard to the right to access and use off-street parking adjoining Whiteacre and subsequent events. See Practice Note: Starting a professional negligence claim—a practical guide—Professional negligence hypothetical claim scenario. These worked examples are not designed to be used as Precedents. They do not include all possible claims or defences that might be available in the hypothetical scenario and are not intended to be ‘the perfect pleading’. Rather, they are intended to be read in conjunction with the generic statement of case Precedents linked to below and provide practical examples of how a

Corporate Crime analysis: Can self-defence be invoked as a defence to a charge of dangerous or careless driving? Aneurin Brewer, barrister, of 9 Bedford Row, considers the Court of Appeal’s answer in R v Riddell and says that although this case is of limited factual application it is useful in providing clarity on the distinction to be drawn in law between the defence of self-defence and the defence of duress of circumstances, including the requisite thresholds.

As seen in the Practice Notes: What is set-off and when is it available? and Types of set-off there are different recognised 'types' of set-off, arising in different ways. With the exception of independent (legal) set-off (see Practice Note: Independent set-off and transaction set-off) a set-off may be asserted and acted upon, such as Y withholding money it recognises it owes to X on the basis Y is off-setting monies X owes to Y, without the need for court proceedings to have been initiated. By contrast, independent set-off requires the commencement of court proceedings and effectively operates at the time of judgment. In reality, when it comes to court proceedings, however, both independent or equitable set-off (also commonly known as transaction set-off) are often pleaded with the defence. In this sense the term 'cross-claim' is often used: • X sues Y • Y asserts a defence of independent set-off or equitable set-off • the existence of Y's cross-claim is either a complete defence to X's claim or will reduce the amount of X's judgment against Y on that

Pleadings, or statements of case, are formal court documents setting out a party's case. They include the claim form, particulars of claim, defence, Part 20 claim, reply to defence and further information under Part 18 of the CPR.

This Practice Note seeks to draw together the key concepts and practical considerations that need to be considered by the family practitioner when drafting or reviewing pleadings in financial remedy proceedings. It considers key terminology more frequently encountered in civil litigation, the role of pleadings, the application of the Civil Procedure Rules 1998 (CPR), amendment of pleadings, requests for information (also known as further and better particulars) and examples of situations in which pleadings may be required. Pleadings will typically (but not exclusively) be needed where there is an issue as to the ownership of a relevant asset involving a person other than a party to the marriage or civil partnership. See Practice Notes: Special considerations for third-party interests and Joinder of third parties in financial proceedings. What is meant by pleadings? A pleading is a court document setting out the factual and legal basis of a party’s case without setting out the evidence in support of it. See Role of pleadings. Unlike proceedings governed by the CPR, financial remedy proceedings are not regulated by pleadings

The legal basis for the orders sought by the pursuer in their initial writ or summons, or by the defender in their defences.

It is common to come across the phrases 'with quantities', 'without quantities' and 'approximate quantities' in relation to construction contracts. These terms relate to the way that the works have been priced. For example, the JCT Standard Building Contract is published in With Quantities, Without Quantities and Approximate Quantities versions. Which description is correct (and therefore which form of contract is appropriate if using the JCT Standard Building Contract) will depend on whether or not there is an accurate bill of quantities available at the outset. Where the contract is described as being 'with quantities' it means that the employer provides the contractor with a detailed bill of quantities, ie a list which defines the quantity and quality of the work required

QLTA background Landlords are required to provide estimates of the cost of works of repair, maintenance or renewal on a building and to consult leaseholders before entering into an agreement of more than 12 months which costs more than £100 for an individual leaseholder in any accounting period (qualifying long-term agreements). The consultation is often colloquially referred to as 's 20 consultation' derived from s 20–20ZA of the Landlord and Tenant Act 1985 (LTA 1985). While dispensation from the requirement

The Housing and Regeneration Act 2008 (HRA 2008) overhauled the funding and regulation of social housing in England. The Homes and Communities Agency (now Homes England) was established as the new English investment agency for housing and regeneration, combining the existing functions of English Partnerships (itself consisting of the Commission for New Towns and the Urban Regeneration Agency) and the funding activities of the Housing Corporation. Funding became the HE's responsibility under HRA 2008, Pt 1. All registered providers of social housing are regulated and funded by the government through the HE. In 2012 the categories of bodies eligible for

We are not aware of a specific definition of an ‘illegal marriage’ and for the purposes of this response we have assumed that you are referring to a sham marriage. Sham marriages A sham marriage is defined within the Immigration Act 2014 (IA 2014) as: • either, or both, of the parties to the marriage (or civil partnership) are not a British citizen or national of another European Economic Area state or Switzerland • there is ‘no genuine relationship between’ those parties, and • either, or both, of the proposed parties enter(s) into the