You are here

Civil litigation brief

Gordon Exall examines a recent Court of Appeal decision on statements of case, and provides an aide-memoire on claim forms and particulars of case

27 September 2002

The rules relating to statements of case (or pleadings as they are still known for the most part) are relatively brief. There have been relatively few cases on pleading issues, even fewer in relation to allocation and re-allocation. However, a recent case provides useful illustrations of the pitfalls involved. Maguire v Molin In Maguire v Molin [2002] EWCA Civ 1083 the claimant suffered personal injuries following carbon dioxide poisoning. The original particulars of claim limited the claim to £15,000 and it was allocated to the fast track. However by December 2000 it was clear (to the claimant’s solicitors at least) the claim was likely to exceed the fast track limit by a considerable margin. There was an order for a split trial with liability to be tried first. That liability trial was, in turn, adjourned. During the adjournment the true size of the claim became apparent, with a total special damages claim of £62,494.98 and an overall value of £80,000. T...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.