1200 Statement of Claim (Stage 1)
Drafting of statement of claim.
A Statement of Claim is to explain what a plaintiff wants and their legal and factual justification for this.
It is very important to get the Statement of Claim right because anything which is not claimed will not be awarded.
That said, there are some things which should not be in the Statement of Claim. The things that people most commonly get wrong are putting evidence, proof, or witness statements in the Statement of Claim or legal submissions.
The plaintiff will need to prove their case using evidence and prove that the law applies to the particular facts of their case, but that comes later. The Statement of Claim should contain:
1. The legal cause of action, which is the basis of the claim (a common cause of action is “breach of contract”);
2. The material facts that support the cause of action;
3. A section stating what orders the plaintiff wants as a result of the cause of action. This will usually be a sum of money, interest on the money, and compensation for the plaintiff’s costs; and
4. A memo advising who is filing the Statement of Claim and where documents for service on the plaintiff can be sent.