The County Court Rules 1981

ORDER 6PARTICULARS OF CLAIM

General requirements

1.—(1) Subject to the provisions of this rule, a plaintiff shall, at the time of commencing an action, file particulars of his claim specifying his cause of action and the relief or remedy which he seeks and stating briefly the material facts on which he relies.

(2) Where in an action for a debt the particulars of claim can conveniently be incorporated in the form of request for the issue of the summons, they may be incorporated in that form if the proper officer so allows.

(3) Where a plaintiff desires to abandon, under section 41(1) of the Act, the excess of his claim over the sum mentioned in that section, the abandonment of the excess shall be stated at the end of the particulars.

(4) Except where the particulars are incorporated in the request pursuant to paragraph (2), the plaintiff shall, when filing particulars of his claim, file a copy for each defendant to be served with the summons.

Claim for account

2.  Where the plaintiff desires to have an account taken, his particulars of claim shall contain a statement to that effect and shall specify the amount which the plaintiff claims subject to the taking of the account, and if no such amount is stated the plaintiff shall be deemed to claim the maximum sum which may be recovered in the action.

Recovery of land

3.  In an action for recovery of land the particulars of claim shall state—

(a)the land sought to be recovered;

(b)the net annual value of the land for rating or, if the land does not consist of one or more hereditaments having at the time when the action is commenced a separate net annual value for rating—

(i)where the land forms part of a hereditaments having a net value for rating not exceeding the county court limit under section 51 of the Act, the net annual value of that hereditament or

(ii)in any other case, the value of the land by the year;

(c)the rent, if any, of the land;

(d)the ground on which possession is claimed, and

(e)in a case to which section 191 of the Act applies, the daily rate at which the rent in arrear is to be calculated.

Injunction or declaration relating to land

4.  Where the plaintiff claims under section 51A of the Act an injunction or declaration in respect of, or relating to, any land, or the possession, occupation, use or enjoyment of any land, the particulars shall contain the information which would be required under paragraph (a) and (b) of the last foregoing rule if the action were for recovery of the relevant land.

Mortgage action

5.—(1) Where a plaintiff claims as mortgagee payment of moneys secured by a mortgage of real or leasehold property or possession of such property, he shall in his particulars of claim—

(a)state the date of the mortgage;

(b)show the state of account between the plaintiff and the defendant with particulars of—

(i)the amount of the advance,

(ii)the amount of the periodic payments required to be made.

(iii)the amount of any interest or instalments in arrear at the commencement of the proceedings, and

(iv)the amount remaining due under the mortgage;

(c)state what proceedings, if any, the plaintiff has previously taken against the defendant in respect of the moneys secured by the mortgage or the mortgaged property and, where payment of such moneys only is claimed, whether the plaintiff has obtained possession of the property; and

(d)state, where possession of the property is claimed, whether or not the property consists of or includes a dwelling house within the meaning of Part IV of the Administration of Justice Act 1970.

(2) In this rule “mortgage” includes a legal or equitable mortgage and a legal or equitable charge, and references to the mortgaged property and mortgagee shall be construed accordingly.

Hire-purchase

6.—(1) Where a plaintiff claims the delivery of goods let under a hire-purchase agreement to a person other than a body corporate, he shall in his particulars state in the order following—

(i)the date of the agreement and the parties thereto;

(ii)the place where the agreement was signed by the hirer;

(iii)the goods claimed;

(iv)the amount of the hire-purchase price;

(v)the amount paid by or on behalf of the hirer;

(vi)the amount of the unpaid balance of the hire-purchase price;

(vii)whether a notice of default within the meaning of section 25 of the Hire-Purchase Act 1965 has been served on the hirer, and if it has, the date on which it was so served;

(viii)the date when the right to demand delivery of the goods accrued;

(ix)the amount (if any) claimed as an alternative to the delivery of the goods; and

(x)the amounts (if any) claimed in addition to the delivery of the goods or any claim under sub-paragraph (ix), stating the cause of action in respect of which each claim is made.

(2) Where a plaintiff's claim arises out of a hire-purchase agreement but is not for the delivery of goods, he shall in his particulars state in the order following—

(i)the date of the agreement and the parties thereto;

(ii)the goods let under the agreement;

(iii)the amount of the hire-purchase price;

(iv)the amount paid by or on behalf of the hirer;

(v)the amount (if any) claimed as being due and unpaid in respect of any instalment or instalments of the hire-purchase price;

(vi)the amount of any other claim and the circumstances in which it arises.

Further particulars

7.—(1) The court may, on application or of its own motion, order the plaintiff to give the defendant further particulars of the plaintiff's claim and the order may be made on such terms as the court thinks just.

(2) An order shall not be made under this rule before the filing of a defence unless, in the opinion of the court, the order is necessary or desirable to enable the defendant to plead or for some other special reason.

(3) Where the applicant for an order under this rule did not make a written request for the particulars he desires, the court may refuse to make the order unless of opinion that there were sufficient reasons for not making such a request.

(4) Where further particulars are given pursuant to an order or request—

(a)the order or request shall be incorporated with the particulars, each item of the particulars following immediately after the corresponding item of the order or request, and

(b)the particulars shall be filed and a copy shall forthwith be served on the defendant.

Signing of particulars and address for service

8.  Particulars of claim shall be signed—

(a)by the plaintiff, if he sues in person;

(b)by the plaintiff's solicitor in his own name or the name of his firm, if the plaintiff sues by solicitor,

and shall state the plaintiff's address for service.