DRAFTING PLEADINGS: THERE ARE RULES YOU KNOW – THE KINGS BENCH GUIDE CONSIDERED: “PLAIN AND OBVIOUS” DEFICIENCIES WILL LEAD TO PROBLEMS
In Sammut & Ors v Next Steps Mental Healthcare Ltd & Anor [2024] EWHC 2265 (KB) HHJ Bird (sitting as Judge of the High Court) made some important observations on the way in which the Particulars of Claim were drafted.
“5.23 If a statement of case exceeds 25 pages, excluding schedules, a situation the CPR considers to be exceptional, then a short summary must also be filed (PD16 para 1.3).
5.24 The function of Statements of Case is to state (or dispute) “facts” as opposed to evidence (which is the means by which facts are proved or disproved).They inform both the other parties and the court as to the case which they
must meet.
They should be concise and allow the reader to understand the case being put forward. They should state the case, and therefore should set out the legal claim (or any legal defence) which is being advanced; but they
should not seek to argue the case.”
(Kings Bench Division Guide)
THE CASE
The claimants bring an action following the death of their relative following his death while he was detained in a secure hospital run by the first defendant.
THE APPLICATION
The first defendant applied, successfully, to strike out or for summary judgment in relation to part of the case against it. The case was put under the Human Rights Act. The first defendant argued that it was not it was not a public authority for the purpose of the Act. That argument was successful.
THE JUDGE’S COMMENTS ON THE CLAIMANT’S PLEADINGS
- The PAPoC are very long and detailed. They are in part narrative and go beyond what one might ordinarily expect to see in a pleading. They stretch to 58 pages and include very large sections of evidence. They are neither brief nor concise. They therefore fail to comply with paragraph 5.30 of the King’s Bench Guide. Paragraph 1.3 of Practice Direction 16 (see paragraph 5.23 of the King’s Bench Guide) require that where a statement of case exceeds 25 pages, a situation which the rules consider to be exceptional, a short summary should be filed. No short summary has been provided. Whilst these failings are plain and obvious, and may well lead to complications down the line, no point is yet raised in respect of them.