|IN THE [TOWN]||COUNTY COURT||CASE No.|
|APPLICATION FOR STAY OF EXECUTION|
I, Justin Time of 1 Broccoli Road, Anytown wish to apply for an order that execution of judgment entered against me on 15th May 20.... be stayed pending a final decision on my application to set aside judgment which is due to be heard on 1st June 20.....
The grounds of this application are set out in my application to set aside judgment.
Statement of Truth
I believe that the facts stated in this application for Stay of Execution are true.
Dated this 20th day of May 20....
To the court and
to the Claimant
at which address he/she will accept service of proceedings.
This is a sample of our (approximately) 3 page long Drafting A Particulars Of Claim notes, which we sell as part of the Civil Litigation Notes collection, a Distinction package written at Cambridge And Oxilp And College Of Law in 2016 that contains (approximately) 364 pages of notes across 129 different documents.
Drafting A Particulars Of Claim Revision
The following is a plain text extract of the PDF sample above, taken from our Civil Litigation Notes. This text version has had its formatting removed so pay attention to its contents alone rather than its presentation. The version you download will have its original formatting intact and so will be much prettier to look at.
Drafting a Particulars of Claim NOTE:
There must be a duty, breach, causation, loss element to every part of the claim. This is crucially important and where most of the marks will be.
Do it in order: o
Duty, Breach, Causation Loss
Precedent (i.e. statement of truth, pre-action conduct, loss, interest claim
Minor corrections (i.e. dates, names, figures) (ensure claim number correct)
IN THE CENTRAL LONDON HIGH COURT (get court right; High/County Court?) BETWEEN GREEN INVESTMENTS PLC (make sure correct) Ensure in the right order: - Claimant (or claimants)
-and[here, either put name of each partner or company name and (the 'Firm') (1) TOM JONES (2) SIMON JONES etc. Ensure in the right order: - Defendant (or defendants) _______________________ PARTICULARS OF CLAIM (not Statement of Case) _______________________
1. At all material times the First Defendant (or just 'Defendant' if suing firm) was a [Position of Defendant]
in a [type of company] known as [name of company].
2. On 27 April 2011 (numbers and dates in figures not words) the Claimant (capitalised) entered into a
contract with the Defendant for the supply of consultancy services. Go on to describe events… Ensure they are correct, the figures are correct. Be sure to establish:
"It was an implied term of the Retainer that in acting for the Claimant, the First Defendant would exercise the care and skill to be expected from a reasonably competent [position of Defendant]. Further or alternatively, the First Defendant owed a like duty at Common Law".
Paragraph [x] - "In providing advice to the Claimant, the First Defendant: Particulars of Breach
Paragraph [x.i] - The product was [X]…
Paragraph [x.ii] - Failed to advise…"
Paragraph [y] - "Given the paragraphs [x.i] to [x.ii] inclusive, the Defendants are in breach of the implied terms and/or in breach of the said duty at common law that they owed to the
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