A statement of claim is a legal document that sets out the grounds and detail of the claim. The statement of claim is the substantial initiation of formal legal proceedings.
The statement of claim contains pleadings and particulars. Pleadings are the details that are relevant to the dispute and are the basis of one’s claim against the other party.
What to do if you have received a Statement of Claim?
If you have received a Statement of Claim you are the defendant and have a limited time frame to respond. If you do not respond within time, the plaintiff/claimant may apply for a default judgment.
You should obtain legal advice from a competent litigation lawyer as quickly as possible, who amongst other steps will be able to review and advise as to the claim and advice and assist in determining any defense or defenses and articulation of the same, including any counterclaims.
Depending on the complexity of the dispute, a barrister may be engaged to provide an opinion as to any defenses or counterclaims, and/or assist with preparing a reply, which is referred to as a statement of defense.
Where ultimately a dispute reaches trial and a decision is made by the court, and if one of the parties is unsatisfied with the outcome, the party may consider an appeal. Just being unsatisfied with the result does not give you the right to appeal a judge’s decision: there must be legal grounds and these must be carefully considered.
Parties must always consider carefully, their position and merits of their case and take proper and competent legal advice, prior to venturing down the path of litigation or an appeal; as costs can and often are awarded against the losing party. Costs are discretionary, and where awarded it is unlikely to cover all of the fees incurred by the successful party.
