Drafting statements of case

by Practical Law Dispute Resolution in association with Herbert Smith Freehills Kramer

A practice note that provides comprehensive guidance on drafting statements of case in England and Wales. This note addresses how to draft both the particulars of claim and the defence, setting out the general principles and rules under the Civil Procedure Rules (CPR) that govern the process. It also identifies specific rules and detailed guidance for litigation in various courts, including the Commercial Court, the King's Bench Division, and the Chancery Division, referencing their respective court guides. The practice note covers the essential elements and formal requirements of pleadings, such as page limits and statements of truth. It also explores how to plead specific defences like limitation and illegality, the use of counterclaims, and the implications of recent case law. Furthermore, this resource considers the emerging challenges and precautions related to using artificial intelligence (AI) in preparing court documents, providing valuable insights for modern practitioners. Note: This note does not deal with the rules for drafting statements of case in cases proceeding under the Shorter trials scheme, operating in the Rolls Building since 1 October 2015. For information on what the requirements are in those proceedings, see Practice note, Shorter trials scheme (STS).