Specimen. Specimen. Specimen. Specimen. pecimen
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1 Client Ref. No. Please use the Notes for Guidance when completing this form. Note 1. Note 2. Note 3. Note 4. Note 5. Note 6. Note 7. Note 8. Note 9. Note 10. IN THE Between PARTICULARS OF CLAIM - CONTRACT FOR THE SUPPLY OF SERVICES AND Claim No. 1. The Defendant at all material times carried on business as 2. By an agreement between the Claimant and the Defendant entered into on Claimant the Defendant agreed to supply to the Claimant the following services, namely: 3. [Delete as appropriate]: The said agreement was purely oral. The said agreement was partly oral and partly evidenced in writing. The said agreement was evidenced in writing. 4. The Claimant will refer at the trial of this matter to the following documents as evidence of the agreement between the parties: 2001 Defendant [P.T.O.
2 5. It was an implied term of the said agreement by virtue of section 13 of the Supply of Goods and Services Act 1982 that the Defendant would carry out the services pursuant to the agreement with reasonable care and skill. 6. In breach of the said agreement the Defendant did not carry out the said services with reasonable care and skill: 7. By reason of the matters aforesaid the Claimant has suffered loss and damage. Particulars Note 11. Particulars Note 12.
3 Note 13. Note 14. Note Further by reason of the matters aforesaid the Claimant, who was born on the day of sustained injury and suffered distress, discomfort, inconvenience, loss and damage. The medical report of dated Particulars Particulars of Special Damages (Past and Future Expenses and Losses) And the Claimant seeks: (i) damages; (ii) interest pursuant to section 69 of the County Courts Act STATEMENT OF TRUTH [I believe][the Claimant believes] that the facts stated in these particulars of claim are true. Signed (i) (ii) Claimant. Legal representative of Claimant Dated this day of 20 is annexed hereto.
4 Client Ref. No. This page is to be used whenever paragraph(s) within the main form need to be expanded upon. Please indicate by their respective number, which paragraph(s) are being added to. Form No and Title: Spa Road, London SE16 3QQ CONTINUATION SHEET Consumer Protection - Form 3 (Contract for the Supply of Services)
5 These notes are copyright and may not be reproduced Notes for guidance for completion of the Particulars of Claim CONTRACT FOR THE SUPPLY OF SERVICES General - It is important that these notes are read thoroughly and that the guidance given to assist in completion of the Particulars of Claim is followed carefully. Note 1 - These Particulars of Claim are intended for use where defective work has been carried out by a supplier of services, e.g. a mechanic servicing a motor vehicle, or a building contractor carrying out work, in each case to an unacceptably poor standard. Note 2 - Insert the name of the Court in which it is proposed to issue the claim. Note 3 - The Claim Number should be left blank since this will be provided by the Court in which the claim is issued. Note 4 - Insert the name of the Claimant. Note 5 - Insert the name of the Defendant. Note 6 - The statutory provisions under the Supply of Goods and Services Act 1982 only apply to suppliers of services who offer those services in the course of a business. Accordingly, it should be stated in paragraph 1 of the Particulars of Claim what the nature of the business is in which the Defendant is engaged, e.g. motor mechanic, engineer, builder, etc. Note 7 - State the date on which the agreement was entered into or stating that it was on or about a certain date if the exact date cannot be remembered. Note 8 - At this point the nature of the services which the Defendant had agreed to perform should be stated, e.g. servicing a car, repairing a washing machine, building an extension, etc. Use the continuation sheet at the end of the form if insufficient space is provided here. Note 9 - State whether the agreement between the parties was oral, partly oral and partly evidenced in writing, or whether it was a wholly written agreement. Delete by crossing through that which is inappropriate in this paragraph. Note 10 - If the agreement was a written one or partly written, opportunity is provided here to state which document(s) would be relied upon by the Claimant as evidence of the agreement between the parties and/or its terms. Use the continuation sheet at the end of the form if insufficient space is provided here. Pursuant to Practice Direction 16 para 8.3 of the Civil Procedure Rules copies of the contract or documents constituting the agreement should be attached to or served with the Particulars of Claim. Note 11 - State here all matters in support of the Claimant's contention that the services provided by the Defendant were not provided with reasonable care and skill, i.e. the ways in which they were defective or to a poor standard. Use the continuation sheet at the end of the form if insufficient space is provided here. Note 12 - Set out here the losses which have resulted as a result of the failure to perform the contract with reasonable care and skill, e.g. damage to items, the cost of putting right any problems which have arisen from the defective work or the cost of hiring another contractor to finish the work or remedy what had originally been done badly by the Defendant. Use the continuation sheet at the end of the form if insufficient space is provided here. Note 13 - In rare cases the failure by the Defendant to provide the services with reasonable care and skill may result in personal injury, e.g. the brakes on a motor car may fail following a service, or a structure may collapse after it has been built by the Defendant, in each case causing personal injury. If this paragraph applies insert the date of birth of the Claimant and give very brief particulars of the injuries sustained. Provide details of the medical report (i.e. the doctor preparing the report and the date on which it was prepared). If, as would usually be the case, there is no claim for personal injuries, then simply put N/A or cross this paragraph through. Note 14 - Details of special damages should be stated at this point, i.e. all past and, if applicable, future losses flowing from the Claimant's personal injury. All of the normal expenses and losses flowing from the Defendant's poor workmanship would normally be provided under the Particulars in paragraph 7 of the Particulars of Claim.
6 Note 15 - The Statement of Truth must be signed in every case by the Claimant or by his/her Legal Representative. N.B. - Please note, if there is insufficient room in any particular paragraph of the Particulars of Claim to write what is required, then simply put the words "see continuation sheet" and then complete what is required on the continuation sheet which is provided at the end of the Particulars of Claim. On the continuation sheet would first be written, for example, "particulars of special damages continued" or "paragraph 6 continued" as the case may be. Guidance on How to Issue the Claim in a County Court A Claim can be issued (started) in any County Court in England and Wales. Addresses and phone numbers can be found in the telephone book under the heading of Courts. Starting a Claim is very simple and Form N1 (the Claim Form) is available from Oyez and from any County Court Office and it is straightforward to complete. The Particulars of Claim will then be attached to the Claim form. Although Form N1 is easy to complete, the County Court Office will always give help if required. The Court will require a fee to issue the Claim and the fee will depend upon the amount being claimed. In some circumstances there may be no fee to pay. Details of fees are again available at the County Court Office. After the Claim is issued, the Court will then send a copy of it to the Defendant together with a Response Pack. The Response Pack contains the forms which the Defendant can use to reply to the Claim. The Response Pack contains an Admission form, a Defence form, and an Acknowledgement of Service. The Court sends these forms with the Claim form and Particulars of Claim to the Defendant by first class post. 7 Spa Road, London SE16 3QQ Consumer Protection - Form 3 (Notes) (Contract for the Supply of Services)
Specimen. Specimen. Specimen. Specimen. pecimen
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