The Civil Procedure Rules 1998

PART 16 E+W STATEMENTS OF CASE

Contents of this Part

Part not to apply where claimant uses Part 8 procedure	Rule 16.1
Contents of the claim form	Rule 16.2
Statement of value to be included in the claim form	Rule 16.3
Contents of the particulars of claim	Rule 16.4
Contents of defence	Rule 16.5
Defence of set-off	Rule 16.6
Reply to defence	Rule 16.7
Court’s power to dispense with statements of case	Rule 16.8

Part not to apply where claimant uses Part 8 procedure E+W

16.1  This Part does not apply where the claimant uses the procedure set out in Part 8 (alternative procedure for claims).

Commencement Information

I1 Rule 16.1 in force at 26.4.1999, see Signature

Contents of the claim form E+W

16.2—(1) The claim form must—

(a) contain a concise statement of the nature of the claim;

(b) specify the remedy which the claimant seeks;

[F1 (c) contain a statement of value in accordance with rule 16.3, where the claimant is making a claim for money;

(d) contain a statement of the interest accrued on that sum, where the only claim is for a specified sum; and

(e) contain such other matters as may be set out in a practice direction.]

[F2 (1A1) In a claim to which Part 45 does not apply, no amount shall be entered on the claim form for the charges of the claimant’s legal representative, but the words ‘to be assessed’ shall be inserted.]

[F3 (1A) In civil proceedings against the Crown, as defined in rule 66.1(2), the claim form must also contain—

(a) the names of the government departments and officers of the Crown concerned; and

(b) brief details of the circumstances in which it is alleged that the liability of the Crown arose.]

(2) If the particulars of claim specified in rule 16.4 are not contained in or are not served with the claim form, the claimant must state on the claim form that the particulars of claim will follow.

(3) If the claimant is claiming in a representative capacity, the claim form must state what that capacity is.

(4) If the defendant is sued in a representative capacity, the claim form must state what that capacity is.

(5) The court may grant any remedy to which the claimant is entitled [F4 ,] even if that remedy is not specified in the claim form.

(Part 22 requires a claim form to be verified by a statement of truth)

F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Rule 16.2(1)(c)-(e) substituted for rule 16(1)(c)-(d) (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 12(1)

F2 Rule 16.2(1A1) inserted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 6(1) (with rule 2)

F3 Rule 16.2(1A) inserted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 22

F4 Rule 16.2(5) comma inserted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 12(2)

F5 Words in rule 16.2 omitted (1.10.2013) by virtue of The Civil Procedure (Amendment No.7) Rules 2013 (S.I. 2013/1974), rules 2, 8

Commencement Information

I2 Rule 16.2 in force at 26.4.1999, see Signature

Statement of value to be included in the claim form E+W

16.3—(1) This rule applies where the claimant is making a claim for money.

[F6 (2) The claimant must, in the claim form, state—

(a) the amount of money claimed;

(b) that the claimant expects to recover—

(i) not more than [F7 £10,000]; [F8 or]

(ii) more than [F9 £10,000] but not more than £25,000; or

[F10 (iii) more than £25,000 but not more than £100,000; or

(iv) more than £100,000; or]

(c) that the claimant cannot say how much is likely to be recovered.]

(3) [F11 Subject to [F12 paragraphs (3A) and (3AA)], in a claim] for personal injuries, the claimant must also state in the claim form whether the amount which [F13 they expect] to recover as general damages for pain, suffering and loss of amenity is—

(a) not more than [F14 £1,500]; or

(b) more than [F15 £1,500].

[F16 (3A) Where—

(a) a claim for personal injuries arises from a road traffic accident which [F17 occurred] on or after 31st May 2021; and

(b) rules [F18 26.8, 26.10 or 26.11] do not apply to that claim,

the claimant must state in the claim form whether the amount which [F19 they expect] to recover as general damages for pain suffering and loss of amenity is—

(i) not more than £5,000; or

(ii) more than £5,000.

[F20 (3AA) Where—

(a) a claim for personal injuries arises from a road traffic accident; and

(b) rule [F21 26.10] applies to that claim,

the claimant must state in the claim form whether the amount which the claimant expects to recover as general damages for pain, suffering and loss of amenity is—

(i) not more than £1,000; or

(ii) more than £1,000.]

(3B) ‘Road traffic accident’ has the meaning ascribed to it by rule [F22 26.9(3)].]

[F23 (4) Where a tenant of residential premises, or a contract-holder of an occupation contract of a dwelling under section 7 of the Renting Homes (Wales) Act 2016, claims an order against a landlord requiring the landlord to carry out repairs or other work, the claimant must also state in the claim form—

(a) whether the estimated costs of those repairs or other work is—

(i) not more than £1,000; or

(ii) more than £1,000; and

(b) whether the value of any other claim for damages is—

(i) not more than £1,000; or

(ii) more than £1,000.

(5) If the claim form is to be issued in the High Court it must, where this rule applies—

(a) state that the claimant expects to recover more than £100,000;

(b) state that some other enactment permits or requires the claim to be brought in the High Court and specify that enactment;

(c) if the claim is for personal injuries, state that the claimant expects to recover £50,000 or more; or

(d) state that the claim is to proceed in one of the specialist High Court lists and state which list.

(6) When calculating how much the claimant expects to recover, the claimant must disregard any possibility—

(a) that the court may make an award of—

(i) interest;

(ii) costs;

(b) that the court may make a finding of contributory negligence;

(c) that the defendant may make a counterclaim or that the defence may include a set-off; or

(d) that the defendant may (under section 6 of the Social Security (Recovery of Benefits Act 1997) be liable to pay direct to the Secretary of State part of any award of money made by the court to the claimant against the defendant.

(7) The statement of value in the claim form does not limit the power of the court to give judgment for an amount which it finds the claimant is entitled to.]

Textual Amendments

F6 Rule 16.3(2) substituted (6.4.2009) by The Civil Procedure (Amendment No.3) Rules 2008 (S.I. 2008/3327), rules 1, 6(a)

F7 Sum in rule 16.3(2)(b)(i) substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 6 (with rule 22)

F8 Word in rule 16.3(2)(b)(i) inserted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 12(3)(a)

F9 Sum in rule 16.3(2)(b)(ii) substituted (1.4.2013) by The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262), rules 2, 6 (with rule 22)

F10 Rule 16.3(2)(b)(iii)(iv) substituted (1.10.2023 immediately after S.I. 2023/572 comes into force) by The Civil Procedure (Amendment No. 3) Rules 2023 (S.I. 2023/788), rules 1(1), 8

F11 Words in rule 16.3(3) substituted (31.5.2021) by The Civil Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/196), rules 1(1), 4(a)

F12 Words in rule 16.3(3) substituted (6.4.2022) by The Civil Procedure (Amendment) Rules 2022 (S.I. 2022/101), rules 1(1), 8(a)(i) (with rule 2)

F13 Words in rule 16.3(3) substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 12(3)(b)

F14 Sum in rule 16.3(3)(a) substituted (6.4.2022) by The Civil Procedure (Amendment) Rules 2022 (S.I. 2022/101), rules 1(1), 8(a)(ii) (with rule 2)

F15 Sum in rule 16.3(3)(b) substituted (6.4.2022) by The Civil Procedure (Amendment) Rules 2022 (S.I. 2022/101), rules 1(1), 8(a)(ii) (with rule 2)

F16 Rule 16.3(3A)(3B) inserted (31.5.2021) by The Civil Procedure (Amendment No. 2) Rules 2021 (S.I. 2021/196), rules 1(1), 4(b)

F17 Word in rule 16.3(3A)(a) substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 12(3)(c)(i)

F18 Words in rule 16.3(3A)(b) substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 6(2)(b) (with rule 2)

F19 Words in rule 16.3(3A) substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 12(3)(c)(ii)

F20 Rule 16.3(3AA) inserted (6.4.2022) by The Civil Procedure (Amendment) Rules 2022 (S.I. 2022/101), rules 1(1), 8(b) (with rule 2)

F21 Word in rule 16.3(3AA)(b) substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 6(2)(c) (with rule 2)

F22 Word in rule 16.3(3B) substituted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 6(2)(d) (with rule 2)

F23 Rule 16.3(4)-(7) substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 12(3)(d)

Commencement Information

I3 Rule 16.3 in force at 26.4.1999, see Signature

[F24 Contents of the particulars of claim E+W

16.4— (1) Particulars of claim must include—

(a) a concise statement of the facts on which the claimant relies;

(b) if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);

(c) if the claimant is seeking aggravated damages^(GL) or exemplary damages^(GL), a statement to that effect and the grounds for claiming them;

(d) if the claimant is seeking provisional damages, a statement to that effect and the grounds for claiming them; and

(e) such other matters as may be set out in a practice direction.

(2) If the claimant is seeking interest they must—

(a) state whether they are doing so—

(i) under the terms of a contract;

(ii) under an enactment and, if so, which; or

(iii) on some other basis and, if so, what that basis is; and

(b) if the claim is for a specified amount of money, state—

(i) the percentage rate at which interest is claimed;

(ii) the date from which it is claimed;

(iii) the date to which it is calculated, which must not be later than the date on which the claim form is issued;

(iv) the total amount of interest claimed to the date of calculation; and

(v) the daily rate at which interest accrues after that date.

(Part 22 requires particulars of claim to be verified by a statement of truth).]

Textual Amendments

F24 Rules 16.4-16.7 substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 12(4)

[F24 Contents of defence E+W

16.5— (1) In the defence, the defendant must deal with every allegation in the particulars of claim, stating—

(a) which of the allegations are denied;

(b) which allegations they are unable to admit or deny, but which they require the claimant to prove; and

(c) which allegations they admit.

(2) Where the defendant denies an allegation—

(a) they must state their reasons for doing so; and

(b) if they intend to put forward a different version of events from that given by the claimant, they must state their own version.

(3) If a defendant—

(a) fails to deal with an allegation; but

(b) sets out in the defence the nature of their case in relation to the issue to which that allegation is relevant,

the claimant is required to prove the allegation.

(4) Where the claim includes a money claim, the claimant must prove any allegation relating to the amount of money claimed, unless the defendant expressly admits the allegation.

(5) Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.

(6) If the defendant disputes the claimant’s statement of value under rule 16.3 they must—

(a) state why they dispute it; and

(b) if they are able, give their own statement of the value of the claim.

(7) If the defendant is defending in a representative capacity, they must state what that capacity is.

(8) If the defendant has not filed an acknowledgment of service under Part 10, they must give an address for service.

(Part 22 requires a defence to be verified by a statement of truth.)

(Rule 6.23 makes provision in relation to addresses for service.)]

Textual Amendments

F24 Rules 16.4-16.7 substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 12(4)

[F24 Defence of set-off E+W

16.6   Where a defendant—

(a) contends that they are entitled to money from the claimant; and

(b) relies on this as a defence to the whole or part of the claim,

the contention may be included in the defence and set off against the claim, whether or not it is also an additional claim.]

Textual Amendments

F24 Rules 16.4-16.7 substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 12(4)

[F24 Reply to defence E+W

16.7— (1) If a claimant does not file a reply to the defence, the defendant must prove the matters raised in the defence.

(2) If a claimant—

(a) files a reply to a defence; but

(b) fails to deal with a matter raised in the defence,

the defendant must prove that matter even though it is not dealt with in the reply.

(Part 22 requires a reply to be verified by a statement of truth.)]

Textual Amendments

F24 Rules 16.4-16.7 substituted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 12(4)

Court’s power to dispense with statements of case E+W

16.8  If a claim form has been—

(a) issued in accordance with rule 7.2; and

(b) served in accordance with rule 7.5,

the court may make an order that the claim will continue without any other statement of case.

Commencement Information

I4 Rule 16.8 in force at 26.4.1999, see Signature