Fig 6a: Specimen statement of claim (QBD). IN THE HIGH COURT OF JUSTICE 1984-D-No 3284 QUEEN'S BENCH DIVISION (Writ issued 13th June 1984) BETWEEN CHARLES DIMWIT Plaintiff AND NORTHDOWN COACHES PLC Defendants STATEMENT OF CLAIM. 1. On 4th February 1984 at about 8.00 am the Plaintiff was standing at a bus stop situated in the High Street, Pethurst in the County of Sussex when an omnibus owned by the defendants and driven by their servant or agent in the course of his employment stopped at the said bus stop. 2. The Plaintiff attempted to board the said omnibus as a prospective passenger for reward, but while he was doing so the conductor thereof, acting in the course of his employment as servant or agent of the Defendants, sounded the bell as a signal for the driver to move the said omnibus forward. The said omnibus moved forward suddenly and the Plaintiff fell to the ground. 3. The matters complained of were caused by the negligence of the Defendants their servants or agents. PARTICULARS. The conductor of the said omnibus was negligent in that he (1) sounded the bell as aforesaid without first ensuring that all persons on or in the act of boarding the said omnibus, and in particular the Plaintiff, were in a safe position; (2) failed to give any or any proper warning to the Plaintiff that the said omnibus was about to move. The driver of the said omnibus was negligent in that he (1) drove away from the said bus stop without ensuring adequately or at all that it was safe to do so, and in particular that no passengers were still boarding the said omnibus. (2) drove off too fast and with a sudden jerk. 4. By reason of the said negligence of the said driver and conductor the Plaintiff suffered pain and injury, loss and damage. The Plaintiff's date of birth is 26th February 1949. PARTICULARS OF INJURY Simple fracture of left wrist Simple fracture of left femur. PARTICULARS OF SPECIAL DAMAGE Net los of wages for 6 weeks from 4th February 1984 less statutory sick pay received B936.20 Breakage of chinaware carried by the Plaintiff at the time of the accident. Cost of replacement B 75.00. 5. In respect of damages awarded to him the Plaintiff is entitled to interest pursuant to section 35A of the Supreme Court Act 1981 for such periods and at such rates as to the Court shall seem just. AND the Plaintiff claims (1) Damages (2) Under paragraph 5 hereof interest pursuant to the said statute for such periods and at such rates as to the Court shall seem just. John Doe SERVED on 11th July 1984 by Messrs Ross and Cromarty of 27 Lundy Street London WC2, the Plaintiff's Solicitors.
IN THE HIGH COURT OF JUSTICE 1984-D-No 3284 QUEEN'S BENCH DIVISION BETWEEN CHARLES DIMWIT Plaintiff -AND- NORTHDOWN COACHES PLC Defendants DEFENCE. 1. It is admitted that on the date and at the place mentioned in paragraphs 1 and 2 of Statement of Claim the Plaintiff while attempting to board an omibus owned by the Defendants and driven by their servants fell to the ground. Save as aforesaid paragraphs 1 and 2 of the Statement of Claim are denied. In particular it is denied that the said conductor rang the bell while the plaintiff was attempting to board. 2. It is denied that the Defendants or any of their servants or agents were guilty of the alleged or any negligence or that the matters complained of were caused alleged in the Statement of Claim. 3. Further or alternatively the said matters were caused wholly or in part by the Plaintiff's negligence. PARTICULARS The plaintiff was negligent in that he (1) boarded or attempted to board the said omnibus while it was in motion; (2) failed to hold on to the handrail or take any other sufficient steps to avoid falling into the road. 4. No admission is made as to the alleged or any pain or injury, loss or damge or as to any entitlement to interest. 5. Save as is hereinbefore expressly admitted each and every allegation in the Statement of Claim is denied as if the same were here set out and traversed seriatim. RICHARD ROE SERVED on 24th July 1984 by Messrs Giles, Shona and Co of 30 Percy Street Northdown, Solicitors for the Defendant.
IN THE HIGH COURT OF JUSTICE 1981-G-No 321 CHANCERY DIVISION GROUP A (Writ issued 24th September 1981) BETWEEN BERNARD GREEN Plaintiff -AND- SLAPTON DISTRICT COUNCIL Defendant STATEMENT OF CLAIM. 1. The plaintiff is and at all material times was a promoter of professional wrestling contests. 2. By an agreement in writing dated 3rd August 1981 and in consideration of the sum of B450 per evening the Defendant to allow the Plaintiff to use the premises known as Slapton Town Hall between the hours 7 pm and 11 pm on saturday 5th September 1981 and thereafter between the same hours as aforesaid on the first Saturday of each month for the purpose of publicly presenting a series of 12 programmes of professional wrestling contests. 3. After the Plaintiff had presented the first of the said programmes in pursuance of the said agreement the Defendant by letter dated 21st September 1981 wrongfully purported to terminate the said agreement. 4. In furtherance of the said letter the Defendant has wrongfully excluded the Plaintiff from the said premises whereby the Plaintiff has suffered loss and damage. PARTICULARS. The Plaintiff was compelled to cancel the second programme in the said series and estimates his loss on that programme to be B1,150. 5. The Defendant threatens and intends unless restrained from so doing to continue to exclude the Plaintiff from the said premises whereby the Plaintiff apprehends the cancellation of further programmes with losses as aforesaid. AND the Plaintiff claims: (1) An injunction to restrain the Defendant by its officers, servants, agents or otherwise howsoever from doing the following acts or any of them, that is to say: (i) Preventing the Plaintiff from occupying and using the said premises in accordance with the said agreement. (ii) Taking any steps calculated whether directly or indirectly to impede Plaintiff in occupying and using the said premises in accordance with the said agreement. (2) Damages. (3) Interest at such rate and for such period as the Court shall think just. (4) Costs. (5) Further or other relief. SERVED etc JOHN DOE.
IN THE HIGH COURT OF JUSTICE 1981-G-No 321 CHANCERY DIVISION GROUP A BETWEEN BERNARD GREEN Plaintiff -AND- SLAPTON DISTRICT COUNCIL Defendant DEFENCE AND COUNTERCLAIM. DEFENCE 1. The Defendant admits paragraphs 1 and 2 of the Statement of Claim. 2. The Defendant admits that it terminated the said agreement by the said letter and subsequently excluded the Plaintiff from the said premises as alleged in paragraphs 3 and 4 of the Statement of Claim but denies for the reasons given hereafter that it thereby acted unlawfully or in breach of contract. 3. By clause 6 of the said agreement the Defendant was entitled to terminate the same in the event of any breach by the Plaintiff of any of the conditions thereof. 4. By clause 4 of the said agreement it was a condition of the said agreement that the Plaintiff would not present any spectacle of a lewd or offensive nature. 5. The said condition was broken by the Plaintiff in that on 5th September 1981 in the course of the first programme in the said premises one John Read, a contestant engaged by the Plaintiff, repeatedly made obscene gestures directed at the spectators attending the said programme by raising 2 fingers in a provocative manner and thereby provoked a violent disturbance among the said spectators. 6. By reason of the matters aforesaid the said agreement was lawfully and effectively terminated by the Defendant by its said letter of 21st September 1981. 7. No admission is made as to the alleged or any loss or damage. 8. In the premises the Plaintiff is not entitled to the relief claimed or any relief. COUNTERCLAIM 9. The Defendant repeats paragraphs 1 to 6 of the Defence. 10. By clause 5 of the said agreement the Plaintiff agreed to pay for any damage to the said premises and to any fittings and furniture which might occur during the hours of use thereof by the Plaintiff. In the course of the programme referred to in paragraph 5 hereof 2 chairs and 1 table of a total value of B53.50 and forming part of the furniture of the said premises were broken beyond repair. 11. By its said letter of 21st September 1981 the Defendant claimed the said sum of B53.50 from the Plaintiff but the Plaintiff has failed to pay the same. AND the Defendant counterclaims B53.50. RICHARD ROE Served etc.
IN THE AMSBURY COUNTY COURT Case No 84/45678 BETWEEN BELLADONNAS (a firm) Plaintiffs -AND- IAN PHILLIPS Defendant PARTICULARS OF CLAIM. The Plaintiffs' claim is for the sum of B900 being the balance of the price of goods sold and delivered to the Defendant and for interest thereon from the date of delivery pursuant to section 69 of the County Courts Act 1984. PARTICULARS. Goods delivered: 9 May 1984 1 Granville Stereo Cassette Deck B432.75 1 Granville Stereo Amplifier B557.75 ------- B990.50 Less sum paid on account 90.50 ------- B900.00 ------- AND the Plaintiffs claim (1) B900. (2) Interest pursuant to the said statute at the rate of 12 per centum per annum equivalent to a sum of B36.88 for the period from 9 May 1984 to issue herein. (3) Interest as above from the date of issue herein at the rate of B0.29 daily until judgment or sooner payment. DATED 11th September 1984 Pencharz and Reese, Plaintiffs' Solicitors of 21 Baron Road, Flint, where they will accept service of proceedings on behalf of the Plaintiffs. TO the Registrar of the Amsbury County Court and to the Defendant.
IN THE AMSBURY COUNTY COURT Case No 84/45678 BETWEEN BELLADONNAS (a firm) Plaintiffs -AND- IAN PHILLIPS Defendant DEFENCE AND COUNTERCLAIM. DEFENCE 1. The agreement referred to in the Particulars of Claim is admitted. 2. The Plaintiffs sold the said goods in the course of business. In the premises it was an implied condition of the said agreement that the said goods would be of merchantable quality. 3. In breach of the said condition the goods delivered by the Plaintiffs were not of merchantable quality in that the said amplifier was incorrectly wired, the lead coloured brown being connected to the earth terminal. 4. On 10th May 1984 and in consequence of the said breach the said amplifier exploded when the Defendant first attempted to use it. 5. By reason of the matters aforesaid the said amplifier was worthless and useless to the Defendant and the Defendant sets up the said breach in extinction or diminution of the price claimed herein. 6. Further or alternatively the Defendant will rely upon his counterclaim herein by way of set off in extinction or diminution of the Plaintiffs' claim. 7. In the premises the Plaintiffs are not entitled to the relief claimed or any relief. COUNTERCLAIM. 8. The Defendant repeats paragraphs 1 to 4 hereof inclusive. 9. As a consequence of the said explosion the Defendant suffered loss and damage. PARTICULARS. Cost of said amplifier damaged beyond repair B557.75 Value of carpet damaged beyond repair B200.00 Cost of fitting new carpet B39.90 B797.65 10. In respect of damages awarded to him the Defendant is entitled to interest pursuant to section 69 of the County Courts Act 1984 for such periods and at such rates as to the Court shall seem just. AND the Defendant counterclaims (1) Damages. (2) Under paragraph 10 hereof interst pursuant to the said statute for such periods and at such rates as to the Court shall seem just. DATED 29th September 1984 Richard Fleet and Reardon, Defendant's Solicitors of Tournament Buildings, Kelsey High Street, Amsbury, who will accept service of all proceedings in behalf of the Defendant at such address. TO the Register of the Court and to the Plaintiffs.
IN THE CAMROSE COUNTY COURT Case No BETWEEN JOHN EDWARD SMITH Plaintiff -AND- SUNLESS TRAVEL LIMITED Defendant PARTICULARS OF CLAIM. 1. At all material times the Defendants were a travel company organising and providing holiday accommodation and facilities which so far as material were described in their brochure entitled 'Holidays 1984'. 2. In or about December 1983 the Defendants by the said brochure made the following representations to the Plaintiff concerning the Hotel Scruffi, Antipasto, Italy: (1) All bedrooms included a spacious bathroom and afforded a view of the sea. (2) The said hotel was surrounded by its own gardens containing 3 tennis courts and a large swimming pool. (3) The said hotel had direct access to a beach reserved for the sole use of the residents of the said hotel. (4) The said hotel was a luxury hotel providing first class service and facilities. 3. In or about December 1983 the Plaintiff, relying on the said representations, entered into a contract whereby the Defendants agreed for the price of B980 to provide and make all arrangements for a holiday for the Plaintiff, his wife and 2 children such arrangements to include the provision of 2 bedrooms at the said hotel for 2 weeks commencing 6th May 1984. The said contract was made partly orally and partly by the completion of reservation forms to which th Plaintiff will refer at the trial for their full terms and effect. 4. The said representations were false in that (1) The said two bedrooms did not afford a view fo the sea and did not include a bathroom or any adequate washing or toilet facilities. (2) The grounds of the said hotel included no gardens, no or no adequate tennis courts and no swimming pool exceeding 8 yards in length. (3) The said hotel did not have access direct or otherwise to private beach or any beach. (4) The said hotel possessed no lounge or similar public room and by reason of this and the aforementioned defects was not a luxury hotel. 5. Further or alternatively the Defendants expressly or impliedly warranted that the said hotel would possess the features and character and would provide the facilities and services described in the said brochure and are in breach of the warranty so given: (1) By reason of the matters alleged in paragraph 4 hereof. (2) By the failure of the part of the said hotel to provide waiter service at meal times and to provide any meal after 6.30 pm. (3) By the failure on the part of the hotel to keep in working order such toilet and washing facilities as were available to the Plaintiff and his family and to clean the swimming pool. 6. By reason of the matters aforesaid the Plaintiff, his wife and children (aged 10 and 12) have suffered discomfort, disappointment and distress and the Plaintiff has suffered loss. PARTICULARS OF LOSS. Expenses incurred for meals taken after 6.30 pm and for admission to nearest public beach: B155. 7. In respect of damages awarded to him the Plaintiff is entitled to interest pursuant to section 69 of the County Courts Act 1984 for such periods and at such rates as to the Court shall seem just. AND the Plaintiff claims (1) damages limited to B5,000 (2) Under paragraph 7 hereof interest pursuant to the said statute for such periods and at such rates to the Court shall seem just. DATED etc.
IN THE BEDFORD COUNTY COURT Case No BETWEEN ROLAND HIGGS Plaintiff -AND- POLYZEST LIMITED Defendants PARTICULARS OF CLAIM. 1. The Plaintiff is and at all material times was the owner of a hairdressing salon situated at 34 High Street, Bedford. The Defendants are and at all material times were in business as heating engineers. 2. On 29th March 1984 the Plaintiff and the Defendants entered into a contract partly in writing and partly orally whereby the Defendants agreed for reward to repair and service an 'Epsom' gas-fired boiler supplying hot water to the said salon. At the time of making the said contract the Defendants knew or ought reasonably to have known that the proper function of the said boiler was essential to the Plaintiff's business conducted at the said salon. 3. In the premises, there were implied terms of the said contract that the Defendant in performing the said repair service (hereinafter called 'the work') would carry out the work with reasonable care and skill and that any materials supplied by the Defendants would be reasonably fit for the purpose for which they were supplied. 4. In breach of the said terms the Defendants, while attempting to perform the work on 2nd April 1984 replaced the existing pipes of the said boiler with pipes which, as they knew or ought to have known, were too narrow for the proper and safe functioning thereof. 5. On 3rd April 1984 and in consequence of the said breach the said boiler exploded causing one Rene Highlight, an employee of the Plaintiff, to suffer severe scalding in the face and scalp. 6. Further or alternatively the abovementioned explosion was caused by the negligence of the Defendants their servants or agents. The Defendants their servants or agents were negligent in that they knew or ought to have known that the pipes were too narrow as stated in paragraph 4 hereof. 7. By reason of the matters aforesaid the Plaintiff has suffered loss and damage. PARTICULARS Cost of repairs to the said boiler following the said explosion B184 Estimated loss of profit resulting from closure of the said salon for four working days during execution of the said repairs B440 Compensation paid by the Plaintiff to the said Rene Highlight in discharge of liability which the Plaintiff incurred under the Emplyoers Liability (Defective Equipment) Act 1969 or otherwise by reason of the abovementioned injury suffered by her. B1,350. 8. In respect of damages awarded to him the Plaintiff is entitled to interest pursuant to section 69 of the County Courts Act 1984 for such periods and at such rates as to the Court shall seem just. AND the Plaintiffs claims (1) Damages not exceeding B3,000. (2) Under paragraph 8 hereof interest pursuant to the said statute for such periods and at such rates as to the Court shall seem just. DATED etc.
Fig 7: Specimen further and better particulars. IN THE ASTRID COUNTY COURT Case No 84/33930 BETWEEN GEOFFREY MICHAEL HAMILTON Plaintiff AND DEREK DEACOCK Defendant. FURTHER AND BETTER PARTICULARS OF THE PARTICULARS OF CLAIM delivered pursuant to request dated 28th September 1984. Under paragraph 2 On the alleged implied warranty, state the facts relied upon as giving rise to such implication. The Defendant sold the said car in the course of his business as a seller of secondhand cars. The warranty was accordingly implied by the Sale of Goods Act 1979. Under paragraph 3 (1) Of the alleged express warranty, state whether the same was oral or in writing. If oral, state when and by whom and to whom the same is alleged to have been made, and if in writing identify the document or documents. The warranty was made orally by the Defendant to the Plaintiff on 27th March 1984. (2) Of the allegation that the engine was more than five years' old state the facts relied upon. The Defendant is not entitled to the particulars requested and the Plaintiff objects to furnishing the same. DATED etc RICHARD ROE.
Fig 8: Writ indorsed with statement of claim (liquidated demand). COURT FEES ONLY _______________. Writ indorsed IN THE HIGH COURT OF JUSTICE 1984-D-No.324 with Statement Queen's Bench Division of Claim (Liquidated Demand) (0.6, r 1) ( ) Between DUNN TRADERS LIMITED Plaintiffs (court seal in red ink showing date of issue) AND ALAN JAMES CHEESEMAN Defendant (1) Insert name To the Defendant (1) Alan James Cheeseman (2) Insert address of (2) 17 Smith Street, London W.C.1. This Writ of Summons has been issued against you by the above-named Plaintiff in respect of the claim set out on the back. Within 14 days after the service of the Writ on you, counting the day of service, you must either satisfy the claim or return to the Court Office mentioned below the accompanying Acknowledgment of Service stating therein whether you intend to contest these proceedings. If you fail to satisfy the claim or to return the Acknowledgment within the time stated, or if you return the Acknowledgment without stating therein an intention to contest the proceedings the Plaintiff may proceed with the action and judgment may be entered against you forthwith without further notice. (3) Complete Issued from the (3) (Central Office) ( ) and delete of the High Court this 4th day of as necessary. October 1984. ___________________________________________ NOTE:- This Writ may not be served later than 12 calendar months beginning with that date unless renewed by order of the Court. ___________________________________________ IMPORTANT Directions for Acknowledgment of Service are given with the accompanying form.
Fig 8 continued. Statement of Claim The Plaintiffs claim is for the sum of B5,520.46 being the price of goods sold and delivered by the Plaintiffs to the Defendant and for interest thereon from the date of delivery pursuant to section 35A of the Supreme Court Act 1981. PARTICULARS _____________ 1984 February 26 To goods comprising shop fittings and to units sold and delivered to the Defendant March 26 full particulars of which have been given to the Defendant and exceed 3 folios. AND the Plaintiffs claim: (1) B5,520.46 (2) Interest pursuant to the said statute at the rate of 12 percentum per annum equivalent to a sum of B347.52 for the period from March 26 1984 to issue herein. (3) Interest as above from the date of issue herein at the rate of B1.81 daily until judgment or sooner payment. (Signed). ________________________________________________________________ If within the time for returning the Acknowledgment of Service, the Defendant pay the amount claimed and B105 for costs and, if the Plaintiffs obtain an order for substituted service, the additional sum of B25 further proceedings will be stayed. The money must be paid to the Plaintiffs, their Solicitors or Agents. (1) If this Writ was (1) (2) (The cause) issued out of a District Registry, this indorsement as to place where the cause of action arose should be completed. ____________________________ (2) Delete as necessary (3) Insert name of place. (4) This Writ was issued by Messsrs. Baron Flint Co. (4) For phraseology of this< of 7A Culbertson Street, indorsement where < London E.C.4. the Plaintiff sues in person, see Supreme Court < Solicitors for the said Plaintiffs Practice, vol. 2, para 3. whose (2) registered office is situated at 26 Doubleton High Street, Doubleton, Hertfordshire. ____________________________________________________________________ OYEZ The Solicitors Law Stationery Society plc. Oyez House, 237 Long Lane, London SE1 4PU High Court A2A.
Fig 9: Writ of summons (unliquidated demand). COURT FEES ONLY. Writ of IN THE HIGH COURT OF JUSTICE 1984.-A.-No. 595 Summons (Unliquidated Demand) Queen's Bench Division (O.6, r 1) (Wessex District Registry) Between BUD ABBOT Plaintiff (court seal in red ink showing date of issue) AND LOU COSTELLO Defendant. (1) Insert name.< to the Defendant (1) Lou Costello (2) Insert address.< of (2) Formby Hall, Keaton, Wessex. This Writ of Summons has been issued against you by the above-named Plaintiff in respect of the claim set out on the back. Within 14 days after the service of this Writ on you, counting the day of service, you must either satisfy the claim or return to the Court Office mentioned below the accompanying Acknowledgment of Service stating therein whether you intend to contest these proceedings. If you fail to satisfy the claim or to return the Acknowledgment within the time stated, or if you return the Acknowledgment without stating therein an intention to contest the proceedings the Plaintiff may proceed with the action and judgment may be enterred against you forthwith without further notice. (3) Complete Issued from the (3) (Wessex District Registry) and delete of the High Court this 10th day of October 1984 as necessary. __________________________________________________ NOTE:- This Writ may not be served later than 12 calendar months beginning with that date unless renewed by order of the Court. ____________________________________________________ IMPORTANT Directions for Acknowledgment of Service are given with the accompanying form.
Fig 9 Continued# The plaintiff's claim is for damages for personal injuries and consequential loss caused by the negligence of the Defendant in the driving of a motor car, registration number ABC 123, at High Street, Keaton, Wessex, on 1st April 1984, and for interest on damages pursuant to section 35A of the Supreme Court Act 1981 for such periods and at such rates as to the Court shall seem just. I accept service hereof on behalf of the Defendant the 18th day of October 1984. D. Corder 21 Lamb's Candrik Street London WC1. (1) If this writ was issued out of a District Registry, this indorsement as to place where the action arose should be completed. (2) Delete as necessary. (3) Insert name of place. (4) For phraseology of this indorsement where the Plaintiff sues in person, see Supreme Court Practice, vol. 2, para 3. (1) (2) [The cause] [One of the causes] of action in respect of which the Plaintiff claims relief in this action arose wholly or in part at (3) Keaton in the district of the District Registry named overleaf. (4) This writ was issued by Messrs. Ross Cromarty Giles Buildings, [Agent for Shona Lane, Keaton, Wessex of Solicitors for the said Plaintiff whose address (2) [is] [are] 29 Holloway Road, Robey, Wessex.
Fig 10: Acknowledgment of service of writ of summons. Directions for Acknowledgement of Service Acknowledgment of Service of Writ of Summons (Queen's Bench) (O. 12, r. 3). 1. The accompanying form of ACKNOWLEDGMENT OF SERVICE should be detached and completed by a Solicitor acting on behalf of the Defendant or by the Defendant if acting in person. After completion it must be delivered or sent by post to the District Registrar (*)# (*) Insert address 2. A Defendant who states in his Acknowledgment of Service that he intends to contest the proceedings MUST ALSO SERVE A DEFENCE on the Solicitor for the Plaintiff (or on the Plaintiff if acting in person). If a Statement of Claim is indorsed on the Writ (i.e. the words "Statement of Claim" appear at the top of the back of the first page), the Defence must be served within 14 days after the time for acknowledging service of the Writ, unless in the meantime a summons for judgment is served on the Defendant. If a Statement of Claim is not indorsed on the Writ, the Defence need not be served until 14 days after a Statement of Claim has been served on the Defendant. If the Defendant fails to serve his defence within the appropriate time, the Plaintiff may enter judgment against him without further notice. 3. A STAY OF EXECUTION against the Defendant's goods may be applied for where the Defendant is unable to pay the money for which any judgment is entered. If a Defendant to an action for a debt or liquidated demand (i.e. a fixed sum) who does not intend to contest the proceedings states, in answer to Question 3 in the Acknowledgment of Service, that he intends to apply for a stay, execution will be stayed for 14 days after his Acknowledgment, but he must, within that time, ISSUE A SUMMONS for a stay of execution, supported by an affidavit of his means. The affidavit should state any offer which the Defendant desires to make for payment of the money by instalments or otherwise. 4. IF THE WRIT IS ISSUED OUT OF A DISTRICT REGISTRY but the Defendant does not reside or carry on business within the district of the registry and the writ is not indorsed with a statement that the Plaintiff's cause of action arose in that district, the Defendant may, in answer to Question 4 in the Acknowledgment of Service, apply for the transfer of the action to some other District Registry or to the Royal Courts of Justice. See over for Notes for Guidance.
Fig 10 Continued Notes for Guidance. 1. Each Defendant (if there are more than one) is required to complete an Acknowledgment of Service and return it to the appropriate Court Office. *[2. For the purpose of calculating the period of 14 days for acknowledging service, a writ served on the Defendant personally is treated as having been served on the day it was delivered to him and a writ served by post or by insertion through the Defendant's letter box is treated as having been served on the seventh day after the date of posting or insertion.]# * Not applicable if the Defendant is a Company served at its Registered Office. 3. Where the Defendant is sued in a name different from his own, the form must be completed by him with the addition in paragraph 1 of the words "sued as (the name stated on the Writ of Summons)". 4. Where the Defendant is a FIRM and a Solicitor is not instructed, the form must be completed by a PARTNER by name, with the addition in paragraph 1 of the description "partner in the firm of (.......................)" after his name. 5. Where the Defendant is sued as an individual TRADING IN A NAME OTHER THAN HIS OWN, the form must be completed by him with the addition in paragraph 1 of the description "trading as (......................)" after his name. 6. Where the Defendant is a LIMITED COMPANY the form must be completed by a Solicitor or by someone authorised to act on behalf of the Company, but the Company can take no further step in the proceedings without a Solicitor acting on its behalf. 7. Where the Defendant is a MINOR or a MENTAL Patient, the form must be completed by a Solicitor acting for a guardian ad litem. 8. A Defendant acting in person may obtain help in completing the form either at the Central Office of the Royal Courts of Justice or at any District Registry of the High Court or at any Citizens' Advice Bureau. 9. A Defendant who is NOT a Limited Corporation may be entitled to Legal Aid. Information about the Legal Aid Scheme may be obtained from any Citizens' Advice Bureau and from most firms of Solicitors. 10. These notes deal only with the more usual cases. In case of difficulty a Defendant in person should refer to paragraphs 8 and 9 above.
Fig 10 continued. Acknowledgment IN THE HIGH COURT OF JUSTICE 19 .- .-No. of Service of Writ of Summons Queen's Bench Division (Queen's Bench) [ District Registry]. The adjacent Between heading should be completed by Plaintiff the Plaintiff and Defendant. If you intend to instruct a Solicitor to act for you, give him this form IMMEDIATELY. Please complete in black ink. IMPORTANT. Read the accompanying directions and notes for guidance carefully before completing this form. In any information required is omitted or given wrongly, THIS FORM MAY HAVE TO BE RETURNED. Delay may result in judgment being entered against a Defendant whereby he or his solicitor may have to pay the costs of applying to set it aside. __________________________________________ See notes 1,3, 1 State the full name of the Defendant by 4 and 5 whom or on whose behalf the service of writ is being acknowledged. __________________________________________ 2 State whether the Defendant intends to contest the proceedings (tick appropriate box __ yes __ no. __________________________________________ See Direction 3 3 If the claim against the Defendant is for a debt or liquidated demand, AND he does not intend to contest the proceedings, state if the Defendant intends to apply for a stay of execution against any judgment entered by the Plaintiff (Tick box) __ yes. _______________________________________ See Direction 4 4 If the Writ of Summons was issued out of a District Registry and (a) the Defendant's residence, place of business or registered office (if a limited company) is NOT within the district of that District Registry AND (b) there is no indorsement on the Writ that the Plaintiff's cause of action arose wholly or in part within that district, state if the Defendant applies for the transfer of the action (tick box) __ yes. If YES, state - __ to the Royal Courts of Justice, London (tick appropriate Box) OR __ to the State which District Registry Registry. __________________________________________ Service of the Writ is acknowledged accordingly. Where words appear between (Signed) square brackets, delete if [Solicitor] [Agent for ] inapplicable. Insert Address for service (See notes overleaf) "Defendant in Person" if appropriate.< __________________________________________ Please complete overleaf.
Fig 10 continued. Indorsement by Plaintiff's solicitor (or by Plaintiff if suing in person) of his name, address and reference, if any, in the box below. Notes as to Address for Service. Solicitor. Where the Defendant is represented by a Solicitor, state the Solicitor's place of business in England or Wales. If the Solicitor is the Agent of another Solicitor, state the name and the place of business of the Solicitor for whom he is acting. Defendant in person. Where the Defendant is acting in person, he must give his residence OR, if he does not reside in England or Wales, he must give an address in England or Wales where communications for him should be sent. In the case of a limited company, "residence" means its registered or principal office. Indorsement by Defendant's solicitor (or by Defendant if suing in person) of his name, address and reference, if any, in the box below.
Fig 11: Affidavit of service of writ on individual by post. IN THE HIGH COURT OF JUSTICE 19 .- .-No. Affidavit of Division Service of Writ on Individual by Post# (O. 10, rr 1 (3) (b) 1 (6)). Between Plaintiff AND Defendant (1) State name, I, (1) address and description of deponent. Make oath and say as follows: (2) Give name. 1. That I did serve the above-named defendant (2) with a true copy of the Writ of Summons in this action by posting the same on day, the day of 19 , by ordinary post First Class Mail in an envelope duly pre-paid and properly (3) State addressed to the said defendant at (3). address in full. 2. The said copy Writ was duly sealed with the seal of the Court office out of which it was issued and was accompanied by a prescribed form of Acknowledgment of Service. 3. The said letter or envelope has not been returned by the Post Office through the Dead Letter Service. (4) In the case 4. [That in my opinion] [(4) In the of posting by opinion of the Plaintiff] (5) the said the Plaintiff's Writ of Summons so posted to the defendant Solicitor or any will have come to his knowledge within employee in his seven days after the said date of posting firm.< thereof. (5) Delete whichever is inapplicable. Sworn at this day of 19 Before me, A Commissioner for Oaths/Solicitor This affidavit is filed on behalf of the Plaintiff.
Fig 12: Default judgment in action for unliquidated damages. IN THE HIGH COURT OF JUSTICE 19 .- .-No. Default Queen's Bench Division judgment in action for unliquidated damages (O. 13, r 2; O. 19, r 3; O. 42, r 1.). Between Plaintiff AND Defendant The day of 19 (1) "notice of No(1) intention to defend having been given" or "defence having by the Defendant herein, been served". IT IS THIS DAY ADJUDGED that the Defendant do pay the Plaintiff damages to be assessed. __________________________________________ The amount found due to the Plaintiff under this judgment having been certified (2) "Official at B as appears by the (2) Referee's filed the day of 19 . certificate" or "Master's certificate" or as may be. IT IS ADJUDGED that the Defendant do pay the Plaintiff B , and costs to be taxed. __________________________________________ The above costs have been taxed and allowed at B as appears by a taxing officer's certificate dated the day of 19 . Plaintiffs Solicitor#
Fig 13: Summons under Ord 14 for whole claim. IN THE HIGH COURT OF JUSTICE 19 .- .-No. Summons Queen's Bench Division under Order 14 for Whole Claim Master Master in Chambers Between Plaintiff AND Defendant. Let all parties concerned attend the Master in Chambers, in Room No. , Central Office, Royal Courts of Justice, Strand, London, on day, the day of 19 , at o'clock in the noon on the hearing of an application on the part of the Plaintiff for final judgment in this action (1) The against (1) Defendant (or if against one or some of several Defendants insert names). (2) Or as the for the amount claimed in the statement case may be, of claim with interest, if any (2) setting out the nature of the claim. and costs. Take notice that a party intending to oppose this application or to apply for a stay of execution should be sent to the opposite party or his solicitor, to reach him not less than three days before the date above-mentioned, a copy of any affidavit intended to be used. Dated the day of 19 This summons was taken out by of Solicitor for the Plaintiff [Agent for ] of Solicitor for the Plaintiff To M Solicitor or Agent for the Defendant.
Fig 14: Affidavit on application under Ord 14. IN THE HIGH COURT OF JUSTICE 19 .- .-No. Affidavit on Application Queen's Bench Division under Order 14, Rule 2, by or on behalf o Plaintiff. Between Plaintiff AND Defendant. I, of (1) the (1) "above-named make oath and say as follows: - Plaintiff", or as may be. 1. The Defendant (2) Is or are. (2) , and (3) at the (3) Was or were. commencement of this action, (4) Me or the justly and truly indebted to (4) above-named Plaintiff or as the case may be. in the sum of B for the . The particulars of the said claim appear by the indorsement on the Writ of Summons in this action. 2. It is within my own knowledge that the said debt was incurred and is still due and owing as aforesaid. or (5) State [2. I am informed by (5) source of information. (6) State grounds and/or I verily believe (6) of belief. that the said debt was incurred and is still due and owing as aforesaid]. 3. I verily believe that there is no defence to this action. (7) Delete if [4. I am duly authorised by the Plaintiff sworn by to make this affidavit. (7)] Plaintiff. Sworn at the day of 19 Before me, A Commissioner for Oaths This affidavit is filed on behalf of the Plaintiff.
Fig 15: Order under Ord 14 (trial as short cause). Order under Order 14 No. 2a (Trial as Short Cause). IN THE HIGH COURT OF JUSTICE 19 .- .-No. Queen's Bench Division Master Master in chambers Between Plaintiff AND Defendant. Upon hearing and upon reading the affidavit of filed herein, IT IS ORDERED that - The Defendant may defend the action. The Defendant's affidavit shall stand as his pleading, bu he may within four days serve on the Plaintiff's Solicitor particulars in writing of any further defence or counterclaim not disclosed in his said affidavit and may rely thereon at the trial. The Plaintiff and Defendant do respectively, within days serve upon each other a list [and file an affidavit verifying such list] stating what documents are or have been in their possession, custody or power relating to any matter in question in this action and there shall be inspection thereof within two days thereafter. The action shall be tried in London without a jury and be set down within days in the Short Cause List, the estimated length of the trial being hours. The costs of and occasioned by this application shall be costs in the cause. Dated the day of 19 .
Fig. 16: Request for default summons. IN THE COUNTY COURT CASE No. _________________________________________________________ THIS SECTION TO BE COMPLETED BY THE COURT. Summons in form: N.1 Fixed Amount__ N.2 Unliquidated__. Service by: Plaintiff's solicitors__ Post__. Date issued______. ________________________________________________________ Statement of Parties Please use block capitals. 1. PLAINTIFF'S names in full, and residence or place of business. 2. If suing in a representative capacity, state in what capacity. 3. If a minor required to sue by a next friend, state that fact, and names in full, residence or place of business, and occupation of next friend. 4. If an assignee, state that fact, and name, address and occupation of assignor. 5. If co-partners suing in the name of their firm, add "(A Firm)". 6. If a company registered under the Companies Act, 1948, state the address of the registered office and describe it as such. ________________________________________________________ Plaintiff's solicitors name and address for service. Solicitors reference. ____________________ ________________________________________________________ 7. DEFENDANT'S surname, and (where known) his or hers initials or forenames in full; Defendant's residence or place of business (if a proprietor of the business). 8. Whether male or female. 9. Whether a minor (where known). 10. Occupation (where known). 11. If sued in a representative capacity, state in what capacity. 12. If co-partners are sued in the name of their firm, add "(A Firm)" or if a person carrying on business in a name other than his own name is sued in such name, add "(A trading name)". 13. If a company registered under the Companies Act, 1948, is sued the address given must be the registered office of the company, and must be so described. ________________________________________________________ WHAT THE CLAIM IS FOR AMOUNT CLAIMED.............. ISUUE FEE................... SOLICITOR'S COSTS........... TOTAL....................... (Strike out if inappropriate: I apply for this action, if defended, to be referred to arbitration). NOTES. 1. Two copies of the Plaintiff's particulars of claim are required before a summons can be issued, and if there are two or more Defendants to be served, an additional copy for each additional Defendant. 2. Any claim for B500 or less which is defended will be referred to arbitration automatically, but the reference may be rescinded on application. 3. When a defended claim is arbitrated the right of appeal against the arbitrator's award is very limited. 4. If the Defendant's address is outside the district of the court you must complete Section A overleaf. ______________________________________________________ SECTION A. This section must be completed by the Plaintiff to show that the court has jurisdiction under Order 4, rule 2 of the County Court rules, 1981. NOTES: - (i) Where the claim is for the amount of any instalment or instalments due and unpaid under a hire-purchase agreement Question 3 must be answered. (ii) Where the claim is founded on a contract for the sale or hire of goods Question 2 must be answered and if the answer is "No" Question 3 must be answered. (iii) Where the claim is founded on contract but neither of the foregoing descriptions applies such of Questions 1, 4 and 5 as are applicable should be answered, or, if none of these is applicable Question 6 must be answered. (iv) Where the claim is not founded on contract, Question 6 only is applicable and must be answered. _______________________________________________________ 1. Was the contract made in the district of the court and if so, where?................................. (If the address given is within the district of the court no further questions need to be answered). _______________________________________________________ 2. Was the purchase price or rental payable in one sum? _______________________________________________________ 3. Did the defendant reside or carry on business in the district of the court at the time when the contract was made and, if so, where?........................ _______________________________________________________ 4. Where, and how, was the order for goods (or ) given by the Defendant to the Plaintiff (or assignor)?......................................... _______________________________________________________ 5. Where was payment to be made by the Defendant under the contract?................................ _______________________________________________________ 6. What are the facts upon which the Plaintiff relies as showing that the cause of action arose wholly, or in part, in the district of the court? _______________________________________________________ Signed.........................Plaintiff Dated........ NOTE: - If the action is wrongly issued in this court because this section has been wrongly answered the court may transfer the action or order to be struck out, and may order the Plaintiff to pay the Defendant's costs.
Fig. 17: Default summons (fixed amount). CASE No. IN THE COUNTY COURT ____________________________ PLAINTIFF SEAL _____________________________DEFENDANT. TO THE DEFENDANT B p THE PLAINTIFF CLAIMS (see particulars attached) Court fee Solicitor's costs TOTAL. This summons was issued on. JUDGMENT MAY BE OBTAINED AGAINST YOU and enforced without further notice UNLESS within 14 days after the service of this summons you: Pay the total amount of the claim and costs into court or Send to the Court an admission, defence or counterclaim using the attached form. Address all communication to the Chief Clerk AND QUOTE THE ABOVE CASE NUMBER. THE COURT OFFICE AT is open from 10 am to 4 pm Monday to Friday. IMPORTANT - FOR INSTRUCTIONS TURN OVER. GENERAL INFORMATION. (a) If you intend to defend this claim and the court issuing this summons is not your local county court, you may write to the Registrar of the issuing court requesting that the action be transferred to your local county court. You should note, however, that if the action is transferred and you subsequently lose the case costs against you may be increased. (b) You can obtain help in completing the attached form at any county court office or citizens' advice bureau. (c) If you dispute the claim, you may be entitled to legal aid. Information about the Legal Aid Scheme may be obtained from any county court office, citizens' advice bureau, legal advice centre and from most firms of solicitors. (d) If this summons results in a judgment being entered against you, then if B10 or more remains outstanding one month after the date of judgment, your name and address will be entered in the Register of the County Court Judgments. Registration may affect your ability to obtain credit although you may apply to the court for the registration to be cancelled when the judgment has been fully satisfied. INSTRUCTIONS - WITHIN 14 DAYS AFTER THE DATE OF SERVICE, YOU MUST: 1. IF YOU ADMIT OWING ALL THE CLAIM EITHER, pay that amount into court together with the costs shown overleaf OR complete and return to the court the attached form of admission stating your proposals for paying the claim. If your offer of payment is accepted you will be sent an order from the court explaining how payments should be made. If your offer of payment is not accepted, you will be sent a notice telling you when the court will decide how payment must be made. You may if you wish attend that hearing. 2. IF YOU DISPUTE ALL OR PART OF THE CLAIM, complete and return to the court the attached form of defence stating clearly how much of the claim you dispute and your reasons for doing so. If you dispute only part of the claim you should also complete the admission part of the form stating how much you owe and either send that amount with the form or state how you propose to pay. If you have paid the amount of the claim since the date of issue of the summons, complete and return to the court the attached form of defence stating the date of payment and pay the costs into court. If you enter a defence you may have to attend court. The court will send you notice of hearing. 3. IF YOU HAVE A CLAIM AGAINST THE PLAINTIFF, complete and return to the court the attached form of counterclaim giving details of your claim. If your counterclaim exceeds the claim you may have to pay a fee. The court will notify you of this. Unless the plaintiff admits your countercalim you will have to attend court to prove it. 4. UNLESS payment of the claim and costs in full is made into court within 14 days after the date of service of this summons you may be liable for additional costs. METHOD OF PAYMENT. By calling the Court Office Payment may be made in cash or by BANKER'S DRAFT, GIRO DRAFT or by CHEQUE SUPPORTED BY A CHEQUE CARD SUBJECT TO THE CURRENT CONDITIONS FOR ITS USE. Drafts and cheques must be made payable to HM paymaster general and crossed. PAYMENT OTHERWISE THAN AT THE COURT OFFICE COUNTER DURING OFFICE OPENING HOURS IS AT THE PAYER'S OWN RISK. Remittance to the court by post must be by POSTAL ORDER, BANKER'S DRAFT or GIRO DRAFT only, made payable to HM PAYMASTER GENERAL and crossed. Cheques, giro cheques and stamps are not accepted. Payment cannot be received by bank or giro credit transfer. This form should be enclosed and postage must be prepaid. A stamped addresed envelope must be enclosed to enable this form, with a receipt, to be returned to you. CASE No. I certify that the summons of which this is a true copy was served by me on (date). Service was effected (a) By posting it to the defendant on , at the address stated on the summons. (b) By leaving it at (posting it to) the address stated on the summons (to the registered office of the Company). (c) At the address stated in the summons (or at ) by delivering it to the defendant personally (or to apparently not less than 16 years old, who promised to give it to the defendant on the same day or on ). (d) By inserting it, enclosed in an envelope addressed to the defendant, in the letter box at the address stated on the summons for the reasons at (1). Bailiff/Officer of the Court. (1) I have reason to believe the summons will reach the defendant in sufficient time, because: Bailiff. Or I certify that this summons has not been served for the following reasons: Bailiff/Officer of the Court.
Fig. 18: Default summons (unliquidated). CASE No. IN THE COUNTY COURT ____________________________ PLAINTIFF SEAL ____________________________ DEFENDANT. TO THE DEFENDANT B p THE PLAINTIFF CLAIMS (see particulars attached) Court fee Solicitor's costs TOTAL. This summons was issued on. JUDGMENT MAY BE OBTAINED AGAINST YOU and enforced without further notice UNLESS within 14 days after the service of this summons, you send to the Court an admission, defence or counterclaim using the attached form. Address all communications to the Chief Clerk AND QUOTE THE ABOVE CASE NUMBER. THE COURT OFFICE AT is open from 10 am to 4 pm Monday to Friday. IMPORTANT - FOR INSTRUCTIONS TURN OVER. GENERAL INFORMATION. (a) If you agree you are liable for some or all of the claim read instructions 1 and 2. (b) If you dispute liability for all or part of the claim read instructions 1 and 2. (c) Whether you admit or dispute the claim you may make a claim against the plaintiff. See instruction 3. (d) You can obtain help in completing the attached form at any county court office or citizens' advice bureau. (e) If you dispute the claim, you may be entitled to legal aid. Information about the Legal Aid Scheme may be obtained from any county court office, citizens' advice bureau, Legal Advice Centre and from most firms of solicitors. (f) Application forms for issue of a witness summons may be obtained at the court office. (g) If you intend to defend this claim and the court issuing this summons is not your local county court you may write to the registrar of the issuing court requesting that the action be transferred to your local county court. You should note, however, that if the action is transferred and you subsequently lose the case the costs against you may be increased. (h) If this summons results in a judgment being entered aginst you, then if B10 or more remains outstanding one month after the date of judgment, your name and address will be entered in the register of County Court Judgments. Registration may affect your ability to obtain credit although you may apply to the court for the registration to be cancelled when the judgment has been fully satisfied. INSTRUCTIONS - WITHIN 14 DAYS AFTER THE DATE OF SERVICE, YOU MUST: 1. IF YOU ADMIT THE CLAIM OR ANY PART OF IT, pay the amount admitted into the court. If the plaintiff accepts the amount paid you will not be liable for any subsequent costs. If you require more time to pay complete the attached form of admission. If the plaintiff does not accept the amount you admit or your proposal for payment you will be given notice to attend court. 2. IF YOU DISPUTE THE CLAIM OR ANY PART OF IT, return to the court the attached form of defence stating clearly how much you dispute and your reasons for doing so. If you enter a defence you may have to attend court. The court will send you a notice of hearing. 3. IF YOU HAVE A CLAIM AGAINST THE PLAINTIFF, complete and return to the court the attached form of counterclaim giving details of your claim. If your counterclaim exceeds the claim, you may have to pay a fee. The court will notify you of this. Unless the plaintiff admits your counterclaim you will have to attend to court to prove it. METHOD OF PAYMENT. By calling the Court Office Payment may be made in cash or by BANKER'S DRAFT, GIRO DRAFT or by CHEQUE SUPPORTED BY A CHEQUE CARD SUBJECT TO THE CURRENT CONDITIONS FOR ITS USE. Drafts and cheques must be made payable to HM paymaster general and crossed. PAYMENT OTHERWISE THAN AT THE COURT OFFICE COUNTER DURING OFFICE OPENING HOURS IS AT THE PAYER'S OWN RISK. Remittance to the court by post must be by POSTAL ORDER, BANKER'S DRAFT or GIRO DRAFT only, made payable to HM PAYMASTER GENERAL and crossed. Cheques, giro cheques and stamps are not accepted. Payment cannot be received by bank or giro credit transfer. This form should be enclosed and postage must be prepaid. A stamped addresed envelope must be enclosed to enable this form, with a receipt, to be returned to you. CASE No. I certify that the summons of which this is a true copy was served by me on (date)# Service was effected (a) By posting it to the defendant on , at the address stated on the summons. (b) By leaving it at (posting it to) the address stated on the summons (to the registered office of the Company). (c) At the address stated in the summons (or at ) by delivering it to the defendant personally (or to apparently not less than 16 years old, who promised to give it to the defendant on the same day or on ). (d) By inserting it, enclosed in an envelope addressed to the defendant, in the letter box at the address stated on the summons for the reasons at (1). Bailiff/Officer of the Court. (1) I have reason to believe the summons will reach the defendant in sufficient time, because: Bailiff. Or I certify that this summons has not been served for the following reasons: Bailiff/Officer of the Court.
Fig 19a: Plaint note (default summons). IN THE COUNTY COURT BETWEEN...........................PLAINTIFF AND CASE No.| DEFENDANT | ISSUE FEE | DATE OF | | | |POSTAL |JUDGMENT| | | |SERVICE | | | | | | | | | | | | | | | | | | | | | | To the Plaintiff. The above action(s) was/were issued today and you will be entitled to judgment 14 days after the date of service of the summons, unless within that time the defendant pays into court the total amount of the claim and costs or delivers at the court office a defence, an admission with an offer of payment or a counterclaim. If payment is made you will be notified. If a defence, or counterclaim is delivered you will be sent a copy. If the defendant does not reply to the summons or if he delivers an admission without an offer of payment you must apply for judgment to be entered (1). If you do not, the action will be struck out twelve months after the date of service. The summons must be served within twelve months from today. You may apply for this period to be extended provided your application is made before the summons expires(2). Always bring this plaint note with you when you come to the court office for any purpose concerned with these proceedings. If judgment is entered then, unless otherwise directed the defendant will be ordered to make payments into the court. The court will send the money to you. If you receive any money from the defendant you must notify the court. (1) Order 9 Rule 10. (2) Order 7 Rule 20. DATED Address all communications to the Chief Clerk AND QUOTE THE ABOVE CASE NUMBER(S). THE COURT OFFICE AT is open from 10 a.m. to 4 p.m. Monday to Friday. WARRANT No | AGAINST DEFENDANT | ISSUE FEE | | | | | | | | | | | | | | | | No. Of | AGAINST | ISSUE | DATE, TIME AND | OTHER PROCESS | DEFENDANT | FEE | PLACE OF HEARING| | | | | | | | | | | | | | | | | | | | |.
Fig 19b: Notice of service of default summons. IN THE COUNTY COURT BETWEEN............................PLAINTIFF CASE No. AND................................DEFENDANT. To the Plaintiff. TAKE NOTICE that the defendant was served with the summons on . DATED.
Fig 19c: Notice of non-service (general). IN THE COUNTY COURT BETWEEN...................................PLAINTIFF CASE No. AND.......................................DEFENDANT. To the Plaintiff. TAKE NOTICE that the summons/application/order in this action has not been served, for the following reason: (If you have reaon to believe that the defendant is still at the address stated in The Request for The Summons, you may request bailiff service at that address on payment of the appropriate fee) (1). (The summons/application/order has been returned to the Home Court) (1). (1) Delete if inapplicable. DATED.
Fig 20: Request for entry of judgment in default action. IN THE COUNTY COURT CASE No. Between Plaintiff AND Defendant. To the Court I request you to enter judgment by default against Defendant(s). [(1) Delete as appropriate]. (1) [Payable forthwith]. (1) [Payable on the ]. (1) [Payable by instalments of B per commencing on . B Amount of claim as stated in summons. B Court fees entered on summons. Solicitor's charge (if any) entered on summons. Solicitor's charge (if any) on entering judgment. Interest (if any): Period ........ Rate ......% ___________ SUB-TOTAL. Deduct amount (if any) paid into court by Defendant. Deduct amount (if any) paid to Plaintiff direct since issue. Balance payable by Defendant and for which judgment is to be entered Dated Plaintiff (or Plaintiff's Solicitor). TAKE NOTICE. This form must not be used for: - (a) a claim for money secured by a mortgage or (b) a claim for unliquidated damages (use form N.234). _____________________________________ N.14. Request for entry of judgment in default action 0.9, r. 6 (1).
Fig 21: Request for interlocutory judgment for damages to be assessed. IN THE COUNTY COURT CASE No. Between Plaintiff AND Defendant. [The Defendant(s) having failed to comply with the conditions contained in the order in this action made on ] (1). (1) Delete as necessary. I request you to enter judgment [by default] (1) against (2). (2) Insert name(s) of defendant(s) against whom judgment to be entered. for damages to be assessed and costs. [I request you to fix a date for the assessment of the damages] (1). Dated Plaintiff's solicitor. Address all communication to the Chief Clerk AND QUOTE THE ABOVE CASE NUMBER. THE COURT OFFICE AT is open from 10 am to 4 pm Monday to Friday. _________________________________ N.234. Request for interlocutory judgment for damages to be assessed. (0.9, r. 6 (1) and (2); 0.22, r. 5 (1) and (2)).
Fig 22: Interlocutory judgment for plaintiff (damages to be assessed). IN THE COUNTY COURT BETWEEN PLAINTIFF AND Seal DEFENDANT CASE No. IT IS ADJUDGED that the plaintiff do recover against the defendant damages to be assessed and costs. [AND TAKE NOTICE you should attend this court at on at o'clock when the damages will be assessed] (1). [(1) Delete as necessary]. DATED Address all communications to the Chief Clerk AND QUOTE THE ABOVE CASE NUMBER. THE COURT OFFICE AT is open from 10 am to 4 pm Monday to Friday. N.17 Interlocutory judgment for plaintiff [damages to be assessed] Order 9 Rule 6 (2) Order 17 Rule 7 (2) Order 22 Rule 5 (2) MCR 40430/2/8309623 350 4/82 TL.
Fig 23: Form of admission, defence and counterclaim. IN THE COUNTY COURT Case No. ........................... v ............................ ADMISSION. Read the instructions on the back of the summons carefully before completing this form. Immediately after you have filed in this form send it by post or take it to the Court Office as stated on the summons. PLEASE USE BLACK INK. 1. Do you admit the plaintiff's claim in full YES/NO. 2. Do you admit part of the plaintiff's claim YES/NO. If so, how much do you admit? B ........... (Put your reasons for disputing the balance overleaf). 3. If you wish the court to consider whether to make an instalment order answer the following question: - PAY AND MEANS. (a) What is your occupation? ....................... (b) What is the name and address of your employer? (c) What is your pay before deductions? B ........... per week/month (d) What overtime, bonuses, fees, allowances, or commissions do you receive? B ........... per week/month (e) What is your usual take home pay? B ........... per week/month (f) Do you receive (i) a pension? B ........... per week/month (ii) any state benefits? B ........... per week/month (iii) any other income? B ........... per week/month (g) What contributions, if any, are made by any member of your household? LIABILITES. (a) What persons, if any, are financially dependent on you? Please give details including the ages of any dependent children. (b) What rent or mortgage instalments are you liable to pay? B ........... per week/month What amount do you actually pay? B ........... per week/month (c) What rates are you liable to pay? B ........... per week/month What amount do you actually pay? B ........... per week/month (d) Do you have to pay under any Court Order? Please give details including name of court and case number, the amount still owing and the instalments you are paying. (e) What other regular payments do you have to make? (f) Have you any other liabilities which you would like the Court to take into account? Please give details. ____________________________________________________________ WHAT OFFER OF PAYMENT DO YOU MAKE? Payment in full on the day of 19 OR by instalments of B ......... per month. Address to which notices ....... SIGN HERE .............. about this case should ....... be sent to you ....... DATE .................... N9 Form of Admission, Defence and Counterclaim to accompany form N1, 2, 3 and 4 Order 3 Rule 3 (2) (c). IN THE COUNTY COURT CASE No. ........................... v ........................... DEFENCE. 1. Do you dispute the plaintiff's claim or any part of it? YES/NO 2. If so, how much do you dispute and what are your reasons? COUNTERCLAIM 1. Do you wish to make a claim against the plaintiff? YES/NO 2. If so, for how much? B .......... 3. What is the nature of the claim? TO BE COMPLETED WHERE THE SUM CLAIMED OR AMOUNT INVOLVED EXCEEDS B 500. If you dispute the plaintiff's claim or wish to make a claim against him do you want the proceedings referred to arbitration? YES/NO. ____________________________________________________________ NOTES: 1. Any claim for B 500 or less which is defended will be referred to arbitration automatically, but the reference may be rescinded on application. 2. When a defended claim is arbitrated the right of appeal against the arbitrator's award is very limited. 3. If your claim against the plaintiff is bigger than his claim against you, you may have to pay a fee before it can be dealt with. You can find out whether a fee is payable by enquiring at any county court office. Address to which notices ........ SIGN HERE ............. about this case should ........ be sent to you ........ DATE .................. N9 Form of Admission, Defence and Counterclaim to accompany forms N1, 2, 3 and 4 Order 3 rule 3 (2) (c).
Fig 24: Notice to parties of day fixed for pre-trial review or for giving directions. IN THE COUNTY COURT BETWEEN ............................. PLAINTIFF CASE No. AND ................................. DEFENDANT. To the Plaintiff and Defendant TAKE NOTICE that you are required to attend at on at o'clock when the Registrar will give directions for the determination of this case. DATED IMPORTANT: FOR INSTRUCTIONS TURN OVER. Address all communications to the Chief Clerk AND QOUTE THE ABOVE CASE NUMBER. THE COURT OFFICE AT is open from 10 am to 4 pm Monday to Friday. N.233- Notice to parties of day fixed for pre-trial review or for giving directions. Order 9, Rules 3 (4) and 5; Order 13, Rule 3; Order 17 Rule 10. ____________________________________________________________ The hearing will be informal and in private: its purpose is to: (a) make sure that all the parties and the court understand what the case is about. (b) see if there is any possibility of settling the dispute, and if not, decide how it is going to be heard and how long the hearing will last; (c) decide what documents or other evidence is needed from both sides. It is important that you come to the hearing but do not bring any witnesses with you. If you cannot attend you should write to the court and to the other party (or his solicitor if he has one) as soon as possible explaining why you are unable to come. If you do neither you may find the case has been disposed of in your absence. If there is any particular order you wish the court to make you must, if possible, apply for it at this hearing and give at least two days warning to the court and every other party. If you apply at a later date you may have to pay the costs of that application unless you can satisfy the court that it was necessary.
Fig 25: Plaint note (fixed date summons/ originating application). IN THE COUNTY COURT BETWEEN..................................PLAINTIFF AND CASE No | DEFENDANT | ISSUE FEE | DATE OF JUDGMENT | | | | | | | | | | | | | | | | |. To the Plaintiff. The above Action(s)/Matter(s) was/were issued today and you must attend at ________________________________________________________ (HEARING) on at o'clock when the proceedings will be heard. _____________________________________________________ or ________________________________________________________ (PRE-TRIAL REVIEW) on at o'clock when the Registrar will give directions for the determination of this action. If you intend to ask the Registrar to give any particular direction, you must give notice of your intention to him and the defendant. ________________________________________________________ Address all communications to the Chief Clerk AND QUOTE THE ABOVE CASE NUMBER(S). THE COURT OFFICE AT is open from 10 a.m. to 4 p.m. Monday to Friday. SEE NOTES OVERLEAF. WARRANT No | AGAINST DEFENDANT | ISSUE FEE | | | | | | | | | | | | | | | | | | |. No OF | AGAINST | ISSUE | DATE, TIME AND PLACE | OTHER PROCESS | DEFENDANT | FEE | OF HEARING | | | | | | | | | | | | | | | | | | | | | | | | |. Always bring this plaint note with you when you come to the court office for any purpose concerned with these proceedings. On the day of hearing bring all books and papers necessary to prove your claim. If judgment is entered then, unless otherwise directed, the defendant will be ordered to make payments into court. The court will send the money to you. If you receive any money from the defendant you must notify the court.
Fig 26: Third party notice. IN THE COUNTY COURT CASE NO. BETWEEN PLAINTIFF SEAL AND DEFENDANT AND THIRD PARTY. TO (THE THIRD PARTY). TAKE NOTICE that this action has been brought by the plaintiff against the defendant and that the defendant claims against you (a) that he is entitled to contribution from you, to the extent of . or (b) that he is entitled to be indemnified by you against liability to respect of . or (c) that he is entitled to the following relief or remedy relating to or connected with the original subject matter of the action, namely . or (d) that the following question or issue relating to or connected with the subject matter of the action should properly be determined as between the plaintiff and the defendant and the third party, namely . The grounds of the defendant's claim are . If you dispute the plaintiff's claim against the defendant or the defendant's claim against you, you must within 14 days after the service of this notice upon you take or send to the court two copies of your defence. AND TAKE NOTICE that you should attend at on at o'clock when directions will be given for the further conduct of these proceedings. If you fail to attend you may be deemed to admit (1) the plaintiff's claim against the defendant and (2) the defendant's claim against you, and (3) your liability to (contribute to the extent claimed) or (indemnify the defendant) or (4) the defendant's right to the relief or remedy claimed in paragraph (c) above and (5) the validity of any judgment in the action, And you will be bound by the judgment in the action. DATED. Address all communications to the Chief Clerk AND QUOTE THE ABOVE CASE NUMBER. THE COURT OFFICE AT is open from 10 a.m. to 4 p.m. Monday to Friday.
Fig 27: Money lodgment (general). |COURT FUNDS FEES ONLY. __________________________ CFO Form 2 (S.C.Funds Rule 18(vi) or 20). LODGMENTS OF MONEY (GENERAL). In the High Court of Justice- Division District registry. REQUEST FOR LODGMENT# LEDGER CREDIT...................................... (IN BLOCK LETTERS) .................................19..... No........ The Accountant-General is hereby requested to receive for lodgment to the above-mentioned ledger credit the sum of B________ which amount is paid in (complete one of the following statements in accordance with circumstances, deleting the others). (A) On behalf of (state name of party)................. in satisfaction of claim of (state name of party) .............................. subject to R.S.C. Order 22 Rule 1. The hearing has/has not* begun. * Delete as required. (B) On behalf of (state name of party)......... against claim of (state name of party)...................... WITH DEFENCE SETTING UP TENDER subject to R.S.C. Order 22 Rule 1. (C) UNDER ORDER dated...................... (If the Order or copy thereof cannot be produced, state reasons for failure to produce it.)............. ................................................. (Paragraph (C) does NOT apply in the Chancery Division). (D) Under the following circumstances (state the circumstances (not being any circumstances falling within paragraphs (a), (B) or (C) above) under which the money is to be lodged)................... .................................................... Name of the solicitor on the other side:............... ........................................................ Signature......................... Address........................... .................................. Solicitor for the................. Dated.................19.......... ________________________________________________________ FOR COURT FUNDS OFFICE ONLY. | DATE STAMP. (1) Lodgment of above-mentioned | cash is approved. | Signed...................... | ________________________________________________________ (2) Cash credited to Accountant-General's account....... Effective date of lodgment.......................... Signed..............................................
Fig 28: Notice of payment into court. Notice of payment into Court. IN THE HIGH COURT OF JUSTICE. Division 19 .- .-No Between Plaintiff AND Defendant. Take notice that- The Defendant (If by a particular Defendant insert name.)______________________ ha___ paid B_____________ into Court. The said B___________ is in satisfaction of [the cause of action] [all the causes of action] in respect of which the Plaintiff claim [and after taking into account and satisfying the above-named Defendants cause of action for ____________________________________________________ in respect of which he counterclaim]. or The said B______________ is in satisfaction of the following causes of action in respect of which the Plaintiff claim___, namely, ____________________________ [and after taking into account and satisfying the above-named Defendants cause of action for _____________ _______________________ in respect of which he counterclaim]. or Of the said B_______________ , B______________ is in satisfaction of the Plaintiff's cause[s] of action for ______________________________________________________ [and after taking into account and satisfying the above-named Defendants cause of action for ____________ ___________________________________ in respect of which he counterclaim] and B_______________ is in satisfaction of the Plaintiff's cause[s] of action for ________________________________________________________ [and after taking into account and satisfying the above-named Defendants cause of action for ____________ ____________________________________ in respect of which he counterclaim ]. Dated the ____ day of _________________________ 19___. To [ ] of The Plaintiffs Solicitor or Agent# [and to [ ] Solicitor for the Defendant (2) [ ] [ ]] [Agent for of ] Solicitor for the Defendant. (2) If there are co-Defendants a copy of the notice must also be served upon their Solicitors. ________________________________________________________ Received the above sum of into Court in this action, B[ ]. Dated the ____________ day of __________________19___.
Fig 29: Summons for directions pursuant to Ord 25. IN THE HIGH COURT OF JUSTICE 19 .- .-No. Division [Group ] Master Master in Chambers. Between Plaintiff AND Defendant. Let all parties attend the Master in Chambers in Room No. Royal Courts of Justice, Strand, London WC2A 2LL, on day, the day of 19 , at o'clock in the noon on the hearing of an application for directions in this action: 1. This action be consolidated with action(s) 19 , , No. , and 19 , , No. . 2. The action be transferred for trial to an Official Referee, and that the costs of this application be costs in the cause. 3. The action be transferred to County Court [under section 45 of the County Courts Act 1959] [under section 50] [by consent under section 67], and that the costs of the action, including this application be in the discretion of the County Court. 4. The Plaintiff have leave to amend the writ by and that service of the writ and the Defendant's acknowledgment of service do stand and that the costs incurred and thrown away by the amendment be the Defendant's in any event. 5. [The Plaintiff have leave to amend the Statement of Claim] [The Defendant have leave to amend the Defence (and counterclaim)] [The Plaintiff have leave to amend the Reply (and Defence to Counterclaim)] as shown in the document initialled by the Master, and to re-serve the the amended pleading within days and that the opposite party have leave to serve an amended consequential pleading, if so advised within days thereafter and that the costs of and occasioned and thrown away by the amendments be the Defendant's [the Plaintiff's] in any event. 6. [The Plaintiff serve on the Defendant] [The Defendant serve on the Plaintiff] within days the Further and Better Particulars of his pleading specified in the document initialled by the Master. 7. The Plaintiff within days serve on the Defendant and the Defendant within days serve on the Plaintiff a list of documents (and file an affidavit verifying such list) (limited to the documents relating to the special damages claimed] (1). [(1) Or as may be.] 8. There be inspection of the documents within days of the service of the lists (and filing of the affidavits).
Fig 29 continued. 9. The [Plaintiff] [Defendant] retain and preserve pending the trial of the action [and upon days notice give inspection of] the subject matter of the action (2) [(2) or describe the property in question] to the Defendant (Plaintiff) and to his legal advisers (and experts). 10. (3). [(3) Set out fully and precisely any other directions intended to be applied for (e.g. adducing expert evidence, etc.). 1. The Plaintiff and Defendant do mutually disclose experts' reports within 28 days; 2. Such reports be agreed if possible; 3. Unless such reports are agreed, the parties be at liberty to call expert witnesses, limited to those witnesses the substance of whose evidence has been so disclosed and to 2 witnesses for each party. 11. Trial. Place: - Mode:- Listing Category: - A or B or C. [Estimated length: - to be set down within days [and to be listed with and tried immediately after (before) action 19 , , No. ].] 12. The costs of this application be costs in the cause. Dated the days 19 . This Summons was issued by To Messrs of of Solicitors for the Dendant(s) Solicitors for the Plaintiff(s).
Fig 30: Notice under summons for directions. IN THE HIGH COURT OF JUSTICE 1985-.-No. QUEEN'S BENCH DIVISION BETWEEN Plaintiff -AND- Defendant. TAKE NOTICE that the above-named defendant intends to apply at the hearing of the summons for directions herein for an order that the parties have leave without disclosing expert's reports to call expert witnesses limited to 2 for each party. DATED the day of 1985 TO Solicitors for.
Fig 31: Certificate of readiness for trial. Certificate of IN THE HIGH COURT OF JUSTICE 1984.- B.-No.610 Readiness for Trial Queen's Bench Division (out of London) (O 34, r. 5) Blanktown District Registry Between NAPOLEON BUZZARD Plaintiff AND (1) JOSEPHINE ROOK (2) CURL-UP AND DYE HAIRDRESSERS LIMITED Defendants. (1) Place where To the District Registrar of the High Court set down at (1) Blanktown. We, Messrs. Green White of High Street, Blanktown (2) Or (if the Solicitors for the Plaintiff (2) certify action is< as follows:- proceeding only the Counterclaim or only between< 1. The Order for Directions has been complied with the Defendant [except that (3) and a Third Party) the Defendant (3) State and give reasons for any omissions In particular (delete or amplify as necessary). 2. (Medical reports) (a) Medical Reports have been agreed. (b) Medical Reports have been submitted for agreement but agreement has been refused. (c) The Plaintiff (2) has not submitted his medical reports for agreement (4) Reasons should because (4) be given. (d) It is expected that one medical witness(es) will be called. 3. (Experts' Reports) (a) Experts' reports have been agreed. (b) Experts' reports have been submitted for agreement but agreement has been refused.
Fig 31 Continued. (c) The Plaintiff (2) has not submitted his expert's report for agreement because (4) (d) It is expected that no expert witnesses will be called. 4. Plans and photographs have been agreed/ have not been agreed because (4) (5) Add any 5. The present estimated length of trial information is 1 1/2 hours/days (6). affecting the assessment of the substance, etc. of the case. 6. At least 7 days' notice of intention to lodge this certificate has been given to all other parties. 7. Particulars of the parties' solicitors, agents and counsel appear below. 8. The Plaintiff (2) is ready for trial and wishes the action to be brought on for trial. (Signed) (Date) 11th January 1984. Particulars of Solicitors and Counsel FOR THE PLAINTIFF FOR THE DEFENDANT (Solicitor) Messrs. Gordon Blue Co. Green White (address) High Street, Dale Street, Blanktown Blanktown (telephone no.) 099 87 6543 099 87 3456 (reference no.) RHN/AEH FB/Omnia/71035. (Agent) (address) (telephone no.) (reference no.). (Counsel (if Mr. Richard Ellison Miss Dianne Brady known)) (address) Equity Chambers, St. Mary's House, Chillingworth Dedham Street Chillingworth (telephone no.) 099 88 7654 099 88 4567.
Fig 32: Specimen brief to counsel. IN THE HIGH COURT OF JUSTICE 1981-B-610 QUEEN'S BENCH DIVISION BLANKTOWN DISTRICT REGISTRY BETWEEN NAPOLEON BUZZARD Plaintiff -AND- (1) JOSEPHINE ROOK (2) CURL-UP AND DYE (HAIRDRESSERS LTD) Defendants. BRIEF FOR THE PLAINTIFF. Counsel will find herewith copies of the following documents: (1) Proof of Evidence of Napoleon Buzzard (2) Bundle containing: (a) Writ (b) Pleadings (c) Legal Aid documents (3) Civil Aid Certificate (4) Statement of Dennis McCloud (5) Police Accident Report Book (including plans) (6) Notice under the Civil Evidence Act 1968 s 2 (7) Agreed Bundle of Medical Reports (8) Agreed Bundle of Correspondence (9) Bundle of Counsel's Opinions (10) Calculation of Special Damages. The Facts. 1. The Solicitors instructing Counsel act for Napoleon Buzzard, the Plaintiff in these proceedings. Counsel will be familiar with this case having advised the Plaintiff throughout and settled his pleadings. 2. The Plaintiff prosecutes these proceedings with the benefit of a Civil Aid Certificate (see document 3). 3. The Plaintiff's Proof of Evidence gives the story. Counsel will find it easier to follow the story if he refers to the plan on page 8 of the Police Accident Report Book (document 5). By virtue of the automatic directions this plan is receivable in evidence at the trial. Several copies have been prepared. 4. The accident occured on 7 March 1981 at the junction of Mill Lane with Church Lane. Mill Lane is a narrow road along which traffic travels in both directions. It is joined from the east by Church Lane which is a one-way road. Vehicles turning out of Church Lane must either turn left into Heath Road (as Mill Lane now becomes). As the road changes its name from Mill Lane into Heath Road the road itself now becomes one-way. 5. Vehicles coming along Church Lane and intending to turn (left) into Mill Lane often take the corner at excessive speeds. Sometimes they take the bend at such a speed as to cross the centre white line of Mill Lane. This fact is common ground between the Plaintiff and the Defendants (see letter dated 31 August 1981, page 12 in agreed bundle of correspondence [document no 8]).
Fig 32 continued. The Plaintiff was riding his bicycle northwards along Mill Lane with Church Lane on his right. He was going fishing. He was carrying his fishing rods across his back and the basket was balanced on the handlebars in front of him. As he was approaching the junction with Church Lane (he of course would have right of way) he was aware that a van began to overtake him. It subsequently transpired that this van was driven by the First Defendant and owned by the Second Defendants. As it was next to the Plaintiff the van swerved inwards knocking the Plaintiff off his bicycle and causing injuries. The Issues - Plantiff and First Defendant. 7. The First Defendant subsequently maintained (Counsel is referred to the agreed correspondence - see in particular letter 6 dated 14 April 1981) that she was forced to pull in as a 'red car' had come from Church Lane into Mill Lane on the wrong side of the road causing the First Defendant to pull in tight. She maintained that she pulled in tight in order to avoid a collision with this red car, but in pulling in she knocked the Plaintiff off his bicycle. Initially it was suggested by the Defendants' insurance company that the Plaintiff should proceed against the driver of this red car. Unfortunately the driver of this red car did not stop. He was not, of course, involved in a collision himself and may not have realised what had happened. In any event he has proved to be untraceable. No doubt the driver of the red car would have been joined in these proceedings had he been traced, but Instructing Solicitors have throughout taken the view that this is principally a matter of concern to the Defendants and that the Plaintiff can still succeed in his action against the First Defendant. 8. Although the First Defendant was prosecuted for driving without due care and attention, she was acquitted. This acquittal has not doubt influenced the insurance company in their decision to contest these civil proceedings. Instructing Solicitors did not act for the Plaintiff at the time of the criminal proceedings and thus, unfortunately, do not have a transcript of those proceedings. Although a conviction against the First Defendant would have been helpfull to the Plaintiff, it is submitted that the civil action can still succeed without it having regard to the differing standards of proof and the different issues that will arise. 9. Instructing Solicitors took the view - with which the Counsel agreed and settled pleadings accordingly - that the First Defendant should not have been overtaking the Plaintiff at that time as it was clearly unsafe to do so. There are six particulars of negligence pleaded in the Plaintiff's Statement of Claim - but this is the first and paramount allegation of negligence. 10. In her Defence the First Defendant denies negligence and seeks to blame both the unidentified driver of the red car and the Plaintiff. The allegation against the Plaintiff is that he was unable to properly steer his bicycle as it was over-loaded. Although this will be denied, Instructing Solicitors have advised the Plaintiff that he should be prepared - at least for negotiating purposes, and probably at the trial itself - for some reduction to be made for contributory negligence in this respect. The First Defendant has asked Instructing Solicitors (see the letter dated 26 February 1982, page 38 in the agreed bundle of correspondence) to produce at the trial the bicycle and all the fishing gear being carried at the time. These will be brought to the court as items of real evidence. Instructing Solicitors have already inspected these items. The bicycle is a full size racing cycle with 27" wheels. The fishing basket measures 24" x 18" x 18". The Plaintiff is only 5' 2" tall and clearly would be in some difficulty in controlling this bicycle with such a large obstacle immediately in front of him. It is submitted, however, that this is not the issue. The issue is whether the Plaintiff's inability to exercise control over his bicycle in any way contributed to the accident. At the time of the collision, he was riding in a proper manner and was not wobbling. The plaintiff's general unsteadiness would not appear to have contributed to the accident. The First Defendant makes no allegation that the Plaintiff was riding in anything other than a proper manner (see page 4 of Police Accident Report Book - document no 5). Nevertheless, because of his general unsteadiness it is at least possible that the Plaintiff's reaction to an emergency took longer than it would otherwise have done. Accordingly, Instructing Solicitors have informed the Plaintiff that to settle this case he must be prepared to concede something for contributory negligence and have suggested a reduction of 10 per cent should his claim be successful in other respects. Counsel has expressed agreement with this view (Opinion dated 19 November 1981 in bundle 9).
Fig 32 continued. The Issues - Plaintiff and Second Defendants 11. The Second Defendants were joined in these proceedings as the Plaintiff is alleging (on Counsel's advice - with which Instructing Solicitors wholeheartedly agree) that at the relevant time the First Defendant was driving the vehicle in the course of her employment with the Second Defendants. Thus on well established common-law principles the Second Defendant should be vicariously liable for all torts committed by the First Defendant in the course of that employment. The Second Defendants have, hovwever, somewhat surprisingly taken the view that the First Defendant was not acting in the course of her employment, but was 'on a frolic of her own' at the relevant time. Counsel has fully considered the question fo vicarious liability and his Opinion dated 19 November 1981 (in bundle 9) summarises the relevant authorities. 12. On the day of the accident the First Defendant was an eighteen-year-old apprentice hairdresser employed by the Second Defendants. On that day, which was a Saturday, she was sent to collect a supply of shampoo from a cash and carry store. This she had done, but instead of returning direct to the hairdressers, had taken a detour of approximately half a mile in order to go home for lunch. Thus, at the time of the accident, she was actually travelling in the opposite direction from her place of employment. 13. Instructing Solicitors have taken the view that although the First Defendant did not normally go home for lunch in her employer's vehicle, in the special circumstances in which she found herself on the day in question, it was not unreasonalbe to do so and that the modest detour taken would not be sufficient to take her outside the scope of her employment and 'on a frolic of her own'. 14. The First Defendant was making only a modest detour similar, in the view of Instructing Solicitors, to that made in Harvey v O'Dell [1958] 2 QB 78 which did not take the employee out of the scope of his employment. The Second Defendants, however, seem to be basing their case on Hilton v Thomas Burton (Rhodes) Ltd [1961] 1 WLR 705 where the employees were held to be outside the scope of their employment in using the firm's lorry at lunchtime. The difference between the cases is a matter of degree. In Harvey a storeman merely used a vehicle to go home for lunch, and in Hilton the building workers having left a public house after lunchtime closing, went on to a transport cafe in the opposite direction from their place of work. It seems clear to Instructing Solicitors that the facts of the instant case are nearer to Harvey than to Hilton. 15. If the Plaintiff's claim against the First Defendant fails, the claim against the Second Defendants will fail also. Even if the claim in negligence against the First Defendant succeeds, to succeed against the Second Defendants the Plaintiff will have to prove that the First Defendant was acting in the course of her employment. This is largely a matter of legal argument for Counsel. Counsel will appreciate that the establishment of vicarious liability is crucial only to the Plaintiff's claim for property damage and the due proportion of his costs relating thereto. In respect of the personal injury award and the main costs of the action, the appropriate notice has been given in accordance with the Motor Insurers' Bureau (Compensation of Victims of Uninsured Drivers) Agreement. (Notice has also been given in accordance with the Road Traffic Act 1972, s 149).
Fig 32 continued. The Evidence. 16. Instructing Solicitors have done everything requested by Counsel in his Advice on Evidence (included in bundle 9). The principal evidence will be that of the Plaintiff himself. In addition, document no 4 is a short statement from Dennis McCloud who witnessed the accident whilst on holiday from Canada. He has now returned to Canada and a notice under the Civil Evidence Act 1968 (document 6) has been served on the Defending Solicitors giving notice of intention to put this statement in evidence without calling the maker on the grounds that the maker is beyond the seas. This statement may be useful even though Mr McCloud seems to place the blame on the driver of the unidentified red car. The usefulness of the statement is in the fact that he expressly states that 'the cyclist was proceeding in a proper manner'. The statement was prepared by Canadian solicitors instructed and paid with the authority of the legal aid office. As Counsel predicted, Instructing Solicitors' application for authority to pay Mr McCloud's travelling and other expenses to attend the trial was unsuccessful. 17. There were no further witnesses to the accident. However, it seems from the negotiations that haven taken place that there is not a substantial dispute on the facts. In the Defence both defendants admit that there was a collision. Counsel will have to cross-examine the First Defendant in particuaular on her decision to overtake the Plaintiff's bicycle. Having regard to her address and the fact that she has lived in the area all her life, she will undoubtedly be aware of the junction in question as an accident black spot. As noted above, this fact is admitted. She was only eighteen years of age and even though she had a full driving licence it is clear that her experience of driving could not have been very great. In contrast to the Plaintiff she is not likely to make a good witness. Quantum. 18. Instructing Solicitors now deal with the Plaintiff's injuries. The medical evidence has been agreed. Instructing Solicitors confirm that, in accordance with Counsel's request in the Advice on Evidence, Mr Martin, the consultant orthopaedic surgeon involved, will attend court to give evidence to help with the elucidation of some of the medical problems involved in this case. 19. At the date of the accident the Plaintiff was aged 48: his date of birth is 6th February 1933. In the accident he sustained an extremely serious injury to his right knee. The knee joint was disrupted; there was gross damage to the ligaments of the knee controlling the knee joint. He spent three months in plaster. Six months after the accident Mr Martin carried out an operation which he hoped could help to repair the damage to the knee. The Plaintiff was an in-patient for three weeks; he was in plaster from hip to ankle for six weeks. He returned to hospital for physiotherapy. Unfortunately the operation was not successful; the knee did not get better; it remained painful and not stable. 20. A second attempt to repair the damage was made in 1983, two years after the accident. Again the Plaintiff was in plaster from hip to toe for six weeks. Unfortunately, yet again the operation was not a success; the knee remains painful and not stable. Mr. Martin, who is a leading orthopaedic surgeon specialising in knee injuries, has stated that he can do no more for him. 21. The medical matters are fully discussed in the agreed medical reports. The Defendants' consultant, Mr Swift, agrees with everything in Mr Martins report, the only comment of difference being the vague suggestion that the Plaintiff in some way not assisted his recovery by gaining ten pounds in weight. Having regard to the Plaintiff's immobility and his previously active life, it is hardly surprising that he has put on weight and this point is clearly not going to be pursued.
Fig 32 continued. 22. The Plaintiff remains then with a very serious injury. An artherodesis will be required in 15 to 20 years' time. The only hope for the Plaintiff is that instead the operation to perform an artho-plasty may in the interim be sufficiently developed. As Counsel knows, the former operation simply freezes the joint, leaving the patient with a stiff leg, whereas, if the artho-plasty can be successfully developed for a knee joint it would restore that joint to working order. Such an operation is now common in the case of hips but still unknown in the case of knees. Mr Martin can help the court with these matters, but having regard to the unhappy history in this case it seems to Instructing Solicitors that the matter must proceed on the basis of the known medical knowledge under which it seems more than likely that an artherodesis will in due course have to be performed in this case. 23. Counsel has previously advised that the Plaintiff should expect to receive - if his claim is completely successful - something in the region of B 18,000 for general damages for pain and suffering and loss of amenities. In Farmer v United Yeast [1981] 12 CL 51; Kemp 10-377, Bristow J awarded B 17,000 to a 23 year old man who had suffered a knee injury and had had an artherodesis two years after the accident. That case was tried in 1981 and, using the inflation table at paragraph A-101 of Kemp Kemp to update that figure to-day a multiplier of 1.24 should be applied to give B 21,700. Of course the injured person in that case was much younger than the Plaintiff in the instant case and that must be considered. In Kelly v Harrods Limited (Kemp 10-377/1) the Court of Appeal declined to interfere with an award of B 17,500 to a 34 year old man who had suffered injuries similar to the Plaintiff in the instant case. The judgment is dated 18 April 1983. To update that he inflation table gives a multiplier of 1.05 therby giving B 18,375. 24. The effect the injuries have had upon the Plaintiff's recreational and social life are dealt with fully in his proof of evidence. He was a keen sportsman. He used to jog daily and was a regular competitor in marathon and half-marathon road races. This is now impossible because of the permanent injury to his leg. His other hobby, fishing, is largely unaffected. Despite the very serious injuries and the unsuccessful attempt to remedy them, Counsel will note from the proof of evidence and the agreed medical reports that the Plaintiff has remained remarkably cheerful and has made the best of his misfortune. 25. In August 1983 the Plaintiff was told that he was now fit to return to light work and he did so. Until he retired from the army at the age of 45 the Plaintiff had served in the Royal Corps of Signals and had risen to the rank of sergeant. On retirement from the regular army he obtaied a job in a workshop as a repairs engineer for an office equipment firm. This job is secure and there is no claim for loss of future earnings. 26. Although there is no claim for loss of future earnings, Instructing Solicitors submit - and Counsel has agreed - that the Plaintiff should receive damages for loss of earning capacity following the principles laid down in Smith v Manchester Corporation [1974] 17 KIR 1. In that case the plaintiff's employers undertook that her employment would continue. Nevertheless, because of the possibility that she would be at risk in the labour market if she ever did lose her job she was awarded the sum of B 1,000 for the fact that she had lost some earning capacity. It is, of course, now standard practice for such an award to be made on appropriate facts. In Miller v Forest of Dean District Counsel [1982] 4 CL 58 the sum of B 2,000 was given, the judge there describing that figure as 'almost conventional'. It has, however, alternatively been argued that an appropriate way to value a claim is to base it on one year's gross salary. In Bond v Blue Circle Industries Ltd [1984] Halsbury D 610g the plaintiff was given B 7,500 'for future disadvantage in the labour market, based on one year's salary'. In Coupland v Arabian Gulf Petroleum Co [1984] Halsbury D 392f the plaintiff was given B 10,000 for loss of future earning capacity. However, most other cases reported in the last two years award a sum of between 1,500 and B 3,000 under this head of damage. As Lord Justice Browne said in Moeiker v Reyrolle [1977] 1 WLR 132, all the court can do is make the best assessment that it can of a figure. On the facts of the instant case a high figure seems appropriate. The Plaintiff's present gross annual salary is B 6,000.
Fig 32 continued. 27. Instructing Solicitors leave argument on general damages entirely to Counsel's discretion, and in particular leave it to Counsel to decide whether to quote the inflation table referred to in paragrahp 23 above given that this may impress some judges but not others. Counsel will strive for the highest realistic figure possible. Unfortunately there have been no sensible discussions with the Defending Solicitors on quantum and Instructing Solicitors cannot give any indication as to what their attitude is likely to be. 28. Although it was not possible to agree general damages or liability with the solicitors for the Defendants, it has been possible to agree special damages without prejudice to the remaining issues. These have been calculated down to the date of trial and the calculation is included herewith (document no 10) for Counsel's information. Counsel will observe that, including expenses, net loss of earnings, etc, this claim totals B 3,108 net. 29. The Plaintiff did apply for an interim payment. Unfortunately, the application came on before a rather timid Deputy Registrar and was unsuccessful. 30. There has been no payment into court in this case. Instructing Solicitors will, however, be extremely surprised if no last-minute negotiations take place and the Plaintiff has been warned to expect a 'doorstep offer'. Interest and costs. 31. As there has been no payment into court the Plaintiff is not at risk on that score. 32. Counsel is reminded that at the trial, should the Plaintiff's claim prove successful, interest should be awarded in accordance with the principles laid down in Pickett v British Rail Engineering Ltd [1980] AC 136 and Wright v British Railway Board [1983] 2 AC 773. Instructing Solicitors will make the necessary calculation at the trial. 33. All interlocutory orders have included 'costs in the cause' and therefore no separate application need be made regarding these. The Plaintiff's costs will have to be subjected to a legal aid taxation in any event and of course if his claim succeeds he will require an order for party-and-party taxation against both Defendants. Should the claim fail then it may be possible to restrict or limit the Plaintiff's liability for the Defendants' costs. The omnia Refutanda Insurance plc are in reality instructing the Defendants' solicitors and the fact that the Plaintiff has a legal aid certificate indicates that he is of limited means. 34. A fixed date and time for the trial has been obtained. The case will come on promptly at 10.30 am on Monday, 23 July 1984. Instructing Solicitors will be at court with the Plaintiff by 9.30 am for a final conference. Mr Martin will, at his own request, be served with a subpoena and will also be available at court in good time. Counsel is briefed to appear for the Plaintiff at the trial of the action.
Fig 33 a: Specimen bill of costs.
IN THE FULCHESTER COUNTY COURT Case No 84/06543
BETWEEN CHARLES FARLEY a minor< Plaintiff
suing by his father and next friend
FREDERICK FARLEY
-AND-
PATRICK MALONE
trading as PADDY's PET SHOP Defendant.
BILL OF COSTS
of the Plaintiff to be taxed on the commun fund basis and
paid by the Defendant in accordance with RSC Ord 62
Appendix 2 for the period up to remission to Fulchester
County Court and upon County Court Scale 3 thereafter
pursuant to the order dated 12th July 1984.
VAT Reg No 123-1234-12
Value
Taxed Added Profit
Off Tax Disbursements Costs.
__________________________________________________________
PART 1 - HIGH COURT
(July to December 1983)
22nd July 1983.
1. Preparing, issuing, filing and service of writ of summons
Paid fee
Service of writ acknowledged
4th August 1983.
2. Instructions to Counsel to advise on liability and to
settle Statement of Claim
Paid Counsel (Mr P. Quigley) (i) to advise
(ii) to settle.
3. Prepare and serve Statement of Claim
Defence served
21st October 1983.
4. Prepare, issue, file and serve summons for Order for
Interim Payment and affidavit in support.
5. Paid oath
18th November 1983.
6. Attending hearing of summons when Order made for interim
payment of B 600
Engaged 10.30 to 11.15
December 1983
Defendant makes payment into court of B 1,000.
___________________________________________________________
TO SUMMARY.
The drawing of a bill of costs for taxation has traditionally
been regarded as a specialist task. Nevertheless every solicitor
should understand the principles involved and be able to draw a
bill even if he chooses not to do so. Solicitors often employ
an outside agency to draw all their bills (the fees or commission
payable being part of the office overheads). As a matter of
office economics it may well be more sensible for a solicitor to
employ an outside agency, as his time can be spent more profitably
on other work. Larger firms of solicitors often employ a full-time
costs draftsmand on the staff to avoid having to send the work
out.
A county court bill of costs drawn on a common fund basis for
taxation is illustrated in fig 33a. Note that the bill itself
makes it clear what the action was all about. The case was begun
in the High Court but transferred to the county court at the
directions stage. The bill is in two parts because the judge has
awarded part of the costs on the High Court scale and part on
county court scale (and see p 312). Since the plaintiff is a
minor the unsuccessful defendant was ordered to pay the costs
on common fund basis rather than on party and party basis. Bills
also have to be split into two parts on other occasions, eg, where
a legal aid certificate is granted after a case has begun or
where there is a change in the rate of VAT.
Despite recent amendments made in both High Court and county
court to simplify the scales of costs, bills still appear quite
formidable documents to the beginner. For the sake of clarity
we suggest numbering each item in the bill but this is not a
universal practice. On the right hand side of the main column
we include the number each item bears in the relevant High Court
or county court scale. In practice this is often put in the far
left-hand side of the column so that the items appear to be
numbered erratically. On delivering the bill for taxation the
summary should be provisionally cast, ie, in pencil. The figures
will be inked in at, or after, the taxation.
Fig 33 a continued.
Value
Taxed Added Profit
Off Tax Disbursements Costs.
___________________________________________________________
7. Preparing Consent Order for transfer of action from the
High Court to the Fulchester County Court; obtaining
Defendant's endorsement thereon; lodging consent order and
attending to transfer to Fulchester County Court.
BLOCK ALLOWANCE.
8. Part instructions for hearing
The Plaintiff claimed damages against the Defendant for
personal injuries.
The Plaintiff (aged 7) sustained injuries in December 1982
when he was struck on the head by a metal fish tank hood
which fell from a shelf in the Defendant's shop.
The Plaintiff was rendered unconscious and suffered a
laceration above his right eyebrow. He was detained in
hospital for 72 hours and was left with a 6 cm scar above
the right eyebrow. He was off school for one month and
suffered enuresis for six months.
There was no claim for special damages. The Defendant alleged
that the Plaintiff had caused the accident himself by
misbehaving in the shop. It was necessary to obtain a proof
of evidence from the Plaintiff's 10 year old sister who was
the only witness to the accident and who confirmed the
Plaintiff's story.
The Defendant's shop was visited on two occasions to view the
locus in quo and the items which caused the injury and to
obtain photograhps thereof.
Other customers of the Defendant were traced and interviewed
to investigate the possibility that the fish tank hood had
fallen off previously and should have been known to be
dangerous by the Defendant.
A medical report was obtained from a consultant orthopaedic
surgeon as to the head injury and in view of his expert
advice on the possibility of permanent minor brain damage,
obtaining a medical report from a consultant psychiatrist.
_____________________________________________________________
TO SUMMARY.
The drawing of a bill of costs for taxation has traditionally
been regarded as a specialist task. Nevertheless every solicitor
should understand the principles involved and be able to draw a
bill even if he chooses not to do so. Solicitors often employ
an outside agency to draw all their bills (the fees or commission
payable being part of the office overheads). As a matter of
office economics it may well be more sensible for a solicitor to
employ an outside agency, as his time can be spent more profitably
on other work. Larger firms of solicitors often employ a full-time
costs draftsmand on the staff to avoid having to send the work
out.
A county court bill of costs drawn on a common fund basis for
taxation is illustrated in fig 33a. Note that the bill itself
makes it clear what the action was all about. The case was begun
in the High Court but transferred to the county court at the
directions stage. The bill is in two parts because the judge has
awarded part of the costs on the High Court scale and part on
county court scale (and see p 312). Since the plaintiff is a
minor the unsuccessful defendant was ordered to pay the costs
on common fund basis rather than on party and party basis. Bills
also have to be split into two parts on other occasions, eg, where
a legal aid certificate is granted after a case has begun or
where there is a change in the rate of VAT.
Despite recent amendments made in both High Court and county
court to simplify the scales of costs, bills still appear quite
formidable documents to the beginner. For the sake of clarity
we suggest numbering each item in the bill but this is not a
universal practice. On the right hand side of the main column
we include the number each item bears in the relevant High Court
or county court scale. In practice this is often put in the far
left-hand side of the column so that the items appear to be
numbered erratically. On delivering the bill for taxation the
summary should be provisionally cast, ie, in pencil. The figures
will be inked in at, or after, the taxation.
Fig 33 a continued.
Value
Taxed Added Profit
Off Tax Disbursements Costs.
_____________________________________________________________
Negotiations took place with the Defendant's insurers and
subsequently with the Defendant's solicitors as to liability
and quantum but settlement could not be reached on either.
Conduct of the action carried out by Partner (solicitor of 5
years standing).
Time charged @ B 30 per hour.
Letters out and external telephone calls @ B 2 each.
Letters in @ B 1 each.
PART A - ATTENDING UPON:
(1) The Plaintiff, his father and sister.
Generally to receive instructions as to the accident and
instructions to sue; comments on the defence and on proofs of
potential witnesses, advising on Counsel's opinion as to
liability and quantum; advising on medical evidence;
instructions to apply for interim payment and to consent to
transfer to the County Court and generally reporting
throughout this period.
Attendances - 5 (3 1/2 hrs)
Telephones - 8
Letters out - 16
Letters in - 10 (B 163.00).
(2) Defendant and his insurers/solicitors.
Negotiations as to liability and quantum; generally in
relation to pleading and to arrange site inspection and
reconstruction of scene of accident; to agree site plan and
photographs; to obtain interim payment; receiving notice
of payment into court; arranging consent to transfer action
to the County Court.
Attendances - 4 (inc. 2 site inspections)
- 4 hrs
Plus - 1 hr travelling (charge @ B 20 p.h.)
Telephones - 12
Letters out - 23
Letters in - 12 (B 222.00).
___________________________________________________________
TO SUMMARY.
The drawing of a bill of costs for taxation has traditionally
been regarded as a specialist task. Nevertheless every solicitor
should understand the principles involved and be able to draw a
bill even if he chooses not to do so. Solicitors often employ
an outside agency to draw all their bills (the fees or commission
payable being part of the office overheads). As a matter of
office economics it may well be more sensible for a solicitor to
employ an outside agency, as his time can be spent more profitably
on other work. Larger firms of solicitors often employ a full-time
costs draftsmand on the staff to avoid having to send the work
out.
A county court bill of costs drawn on a common fund basis for
taxation is illustrated in fig 33a. Note that the bill itself
makes it clear what the action was all about. The case was begun
in the High Court but transferred to the county court at the
directions stage. The bill is in two parts because the judge has
awarded part of the costs on the High Court scale and part on
county court scale (and see p 312). Since the plaintiff is a
minor the unsuccessful defendant was ordered to pay the costs
on common fund basis rather than on party and party basis. Bills
also have to be split into two parts on other occasions, eg, where
a legal aid certificate is granted after a case has begun or
where there is a change in the rate of VAT.
Despite recent amendments made in both High Court and county
court to simplify the scales of costs, bills still appear quite
formidable documents to the beginner. For the sake of clarity
we suggest numbering each item in the bill but this is not a
universal practice. On the right hand side of the main column
we include the number each item bears in the relevant High Court
or county court scale. In practice this is often put in the far
left-hand side of the column so that the items appear to be
numbered erratically. On delivering the bill for taxation the
summary should be provisionally cast, ie, in pencil. The figures
will be inked in at, or after, the taxation.
Fig 33 a continued.
Value
Taxed Added Profit
Off Tax Disbursements Costs.
_____________________________________________________________
(3) Witnesses.
Attending upon
(i) Mr Flack (aged 14)
(ii) Mr Dare (aged 13)
as potential witnesses of Defendant's knowledge of dangerous
condition fo the fish tank hood.
Attendances - 2 hours
Travel - 1 hour (B 80.00).
(4) Medical evidence.
Correspondence with consultant
orthopaedic surgeon for medical report as to Plaintiff's
injuries.
Letters out - 3
Letters in - 2 (B 10.00)
Paid Mr S. Holmes
Correspondence with consultant
psychiatrist for medical report as to possible brain damage.
Letters out - 4
Letters in - 2 (B 10.00)
Paid Dr J. Watson.
(5) Notices.
Preparation of Notice of Consent to act as next friend
( B 2.00).
(6) Preparation, perusal and consideration of documents#
Perusal of pleading and advice of counsel; medical reports;
preparation of proofs of Plaintiff and his sister; and
potential witnesses.
Attendances (not otherwise charged) - 2 hrs
(B 60.00).
PART A SUB-TOTAL B 545.
PART B - General care and conduct of the action complicated
by age of the Plaintiff and his sister, the principal
witnesses and the other potential witnesses requiring very
careful examination so as not to unduly influence their true
recollection of events; the inadmissibility of any unsworn
oral evidence and the possibility of the witnesses being too
immature to give sworn evidence; lack of other evidence;
and initial complications with medical evidence.
@ 50% B 272.50.
_____________________________________________________________
TO SUMMARY.
The drawing of a bill of costs for taxation has traditionally
been regarded as a specialist task. Nevertheless every solicitor
should understand the principles involved and be able to draw a
bill even if he chooses not to do so. Solicitors often employ
an outside agency to draw all their bills (the fees or commission
payable being part of the office overheads). As a matter of
office economics it may well be more sensible for a solicitor to
employ an outside agency, as his time can be spent more profitably
on other work. Larger firms of solicitors often employ a full-time
costs draftsmand on the staff to avoid having to send the work
out.
A county court bill of costs drawn on a common fund basis for
taxation is illustrated in fig 33a. Note that the bill itself
makes it clear what the action was all about. The case was begun
in the High Court but transferred to the county court at the
directions stage. The bill is in two parts because the judge has
awarded part of the costs on the High Court scale and part on
county court scale (and see p 312). Since the plaintiff is a
minor the unsuccessful defendant was ordered to pay the costs
on common fund basis rather than on party and party basis. Bills
also have to be split into two parts on other occasions, eg, where
a legal aid certificate is granted after a case has begun or
where there is a change in the rate of VAT.
Despite recent amendments made in both High Court and county
court to simplify the scales of costs, bills still appear quite
formidable documents to the beginner. For the sake of clarity
we suggest numbering each item in the bill but this is not a
universal practice. On the right hand side of the main column
we include the number each item bears in the relevant High Court
or county court scale. In practice this is often put in the far
left-hand side of the column so that the items appear to be
numbered erratically. On delivering the bill for taxation the
summary should be provisionally cast, ie, in pencil. The figures
will be inked in at, or after, the taxation.
Fig 33 a continued.
Value
Taxed Added Profit
Off Tax Disbursements Costs.
PART 2 - COUNTY COURT
(January 1984 to August 1984)
|Scale 3|
13th January 1984.
9. Attending to lodge papers for transfer of action of
Fulchester County Court.
10. Attending Pre-trial review when directions given -
(i) no order for discovery
(ii) disclosure of medical evidence
(iii) agreed plans and photograhps to be admitted
(iv) date for trial fixed.
11. Prepare instructions to Counsel to advise on evidence (4
x A4 pages)
Paid Counsel.
12. Prepare Brief to Counsel (8 x A4 pages).
13. Copy documents for Counsel (64 x A4 pages).
BLOCK ALLOWANCE
14. Part instructions for hearing.
Directions given and complied with, medical evidence agreed; further attempt to
negotiate a settlement; counsel advised
on evidenc; counsel briefed for trial; judgment obtained
after trial for B 4,000 general damages plus interest plus
costs; thereafter attending to obtain payment and lodge as
directed for minor's benefit.
Charges as Part 1.
PART A - ATTENDING UPON:
(1) The Plaintiff, his father and sister
to advise as to hearing date and arrange attendance at hearing
and at conference with Counsel prior thereto.
Attendances - 2 (1 1/4 hrs)
Telephones - 6
Letters out - 4 (B 57.50).
_____________________________________________________________
TO SUMMARY.
The drawing of a bill of costs for taxation has traditionally
been regarded as a specialist task. Nevertheless every solicitor
should understand the principles involved and be able to draw a
bill even if he chooses not to do so. Solicitors often employ
an outside agency to draw all their bills (the fees or commission
payable being part of the office overheads). As a matter of
office economics it may well be more sensible for a solicitor to
employ an outside agency, as his time can be spent more profitably
on other work. Larger firms of solicitors often employ a full-time
costs draftsmand on the staff to avoid having to send the work
out.
A county court bill of costs drawn on a common fund basis for
taxation is illustrated in fig 33a. Note that the bill itself
makes it clear what the action was all about. The case was begun
in the High Court but transferred to the county court at the
directions stage. The bill is in two parts because the judge has
awarded part of the costs on the High Court scale and part on
county court scale (and see p 312). Since the plaintiff is a
minor the unsuccessful defendant was ordered to pay the costs
on common fund basis rather than on party and party basis. Bills
also have to be split into two parts on other occasions, eg, where
a legal aid certificate is granted after a case has begun or
where there is a change in the rate of VAT.
Despite recent amendments made in both High Court and county
court to simplify the scales of costs, bills still appear quite
formidable documents to the beginner. For the sake of clarity
we suggest numbering each item in the bill but this is not a
universal practice. On the right hand side of the main column
we include the number each item bears in the relevant High Court
or county court scale. In practice this is often put in the far
left-hand side of the column so that the items appear to be
numbered erratically. On delivering the bill for taxation the
summary should be provisionally cast, ie, in pencil. The figures
will be inked in at, or after, the taxation.
Fig 33 a continued.
Value
Taxed Added Profit
Off Tax Disbursements Costs.
(2) Defendant's solicitors
Telephones - 10
Letters out - 8
Letters in - 7 (B 43.00).
(3) Medical evidence
To obtain updating report prior to hearing
Letters out - 2
Letters in - 1 (B 5.00)
Paid fee (Mr S. Holmes).
(4) Preparation, perusal and consideration of documents.
General consideration of evidence preparatory to drawing brief
to Counsel and collation of documents and generally
preparing for hearing
- total 4 hours (B 120.00).
PART A SUB-TOTAL B 225.50.
PART B - General care and conduct of the action including
agreeing medical evidence only, but otherwise preparing for
trial on a fully contested basis on both liability and
quantum. Case complicated by issues of law raised in
Defence and lack of direct admissible evidence.
@ 50% B 112.75
12th July 1984.
15. Attended court on Trial when Judgment given (engaged
10.30 to 3.45).
16. Attending Counsel in conference (1 hr).
17. Paid Counsel (brief fee inc conference).
18. Taxation of Costs.
19. Paid travelling, the plaintiff, his father and sister
(provisional).
____________________________________________________________
TO SUMMARY.
The drawing of a bill of costs for taxation has traditionally
been regarded as a specialist task. Nevertheless every solicitor
should understand the principles involved and be able to draw a
bill even if he chooses not to do so. Solicitors often employ
an outside agency to draw all their bills (the fees or commission
payable being part of the office overheads). As a matter of
office economics it may well be more sensible for a solicitor to
employ an outside agency, as his time can be spent more profitably
on other work. Larger firms of solicitors often employ a full-time
costs draftsmand on the staff to avoid having to send the work
out.
A county court bill of costs drawn on a common fund basis for
taxation is illustrated in fig 33a. Note that the bill itself
makes it clear what the action was all about. The case was begun
in the High Court but transferred to the county court at the
directions stage. The bill is in two parts because the judge has
awarded part of the costs on the High Court scale and part on
county court scale (and see p 312). Since the plaintiff is a
minor the unsuccessful defendant was ordered to pay the costs
on common fund basis rather than on party and party basis. Bills
also have to be split into two parts on other occasions, eg, where
a legal aid certificate is granted after a case has begun or
where there is a change in the rate of VAT.
Despite recent amendments made in both High Court and county
court to simplify the scales of costs, bills still appear quite
formidable documents to the beginner. For the sake of clarity
we suggest numbering each item in the bill but this is not a
universal practice. On the right hand side of the main column
we include the number each item bears in the relevant High Court
or county court scale. In practice this is often put in the far
left-hand side of the column so that the items appear to be
numbered erratically. On delivering the bill for taxation the
summary should be provisionally cast, ie, in pencil. The figures
will be inked in at, or after, the taxation.
Fig. 33 a continued.
Value
Taxed Added Profit
Off Tax Disbursement Costs.
SUMMARY.
PART 1
Page 1
Page 2
Page 3
Page 4
Less taxed off
Add VAT on profit costs @ 15%
Add Disbursements
Add VAT on disbursements
TOTAL to PART 2.
PART 2
Page 5
Page 6
Less taxed off
Add VAT on Profit Costs @ 15%
Add Disbursements
Add VAT on disbursements
Add Total Part 1
Add Taxing fee.
The drawing of a bill of costs for taxation has traditionally
been regarded as a specialist task. Nevertheless every solicitor
should understand the principles involved and be able to draw a
bill even if he chooses not to do so. Solicitors often employ
an outside agency to draw all their bills (the fees or commission
payable being part of the office overheads). As a matter of
office economics it may well be more sensible for a solicitor to
employ an outside agency, as his time can be spent more profitably
on other work. Larger firms of solicitors often employ a full-time
costs draftsmand on the staff to avoid having to send the work
out.
A county court bill of costs drawn on a common fund basis for
taxation is illustrated in fig 33a. Note that the bill itself
makes it clear what the action was all about. The case was begun
in the High Court but transferred to the county court at the
directions stage. The bill is in two parts because the judge has
awarded part of the costs on the High Court scale and part on
county court scale (and see p 312). Since the plaintiff is a
minor the unsuccessful defendant was ordered to pay the costs
on common fund basis rather than on party and party basis. Bills
also have to be split into two parts on other occasions, eg, where
a legal aid certificate is granted after a case has begun or
where there is a change in the rate of VAT.
Despite recent amendments made in both High Court and county
court to simplify the scales of costs, bills still appear quite
formidable documents to the beginner. For the sake of clarity
we suggest numbering each item in the bill but this is not a
universal practice. On the right hand side of the main column
we include the number each item bears in the relevant High Court
or county court scale. In practice this is often put in the far
left-hand side of the column so that the items appear to be
numbered erratically. On delivering the bill for taxation the
summary should be provisionally cast, ie, in pencil. The figures
will be inked in at, or after, the taxation.