Particulars of claim
Disputes & Litigation

The particulars of claim in English litigation is the statement of facts attached to the claim form that sets out the causes of action that the claimant intends to press against the defendant or defendants in litigation.

The particulars must contain a concise statement of the nature of the claim, the remedies that the claimant seeks from the court; the sum of money claimed, where the particulars contain a claim for money; whether interest is also claimed. Civil Procedure Rules require additional information in certain types of cases.

Ideally, the particulars of claim should be served with the claim form. If it is not, it must be served within 14 days of service of the claim form. The particulars must be supported by a statement of truth, in the form ‘[I believe][the claimant believes] that the facts stated in these particulars of claim are true.’

The document should be broken up into individual numbered paragraphs.

Importantly, the following information must be set out in the document:

1. Any allegations of fraud
2. Alleged illegality
3. Details of any misrepresentation
4. Details of alleged breaches of trust (including fiduciary duties)
5. Notice or knowledge of a fact
6. Unsoundness of mind or undue influence
7. Details of wilful default
8. Facts relating to mitigation of loss or damage.

Where injunctive relief or a declaration is sought in respect to land, the particulars must identify the land; where goods are sought to be recovered, the value of the goods must be specified; where the claim is based on a written agreement, the contract should be attached to the particulars or at very least the relevant clauses should be set out in the document; where an oral agreement is relied upon, the contractual words must be set out in the particulars; and in the case of an agreement by conduct, the acts relied upon must be set out.