# Starting a claim and statements of case

> **Key takeaway:** Part 7 issue → claim form + particulars (CPR 16) → AoS/defence (Parts 10–15). Statement of truth (Part 22). Strike-out 3.4; amendments Part 17. Serve in time (7.5). Part 8 for suitable alternative claims.

- **Jurisdiction:** England & Wales
- **Practice area:** Civil Procedure
- **Last reviewed:** 2026-08-04
- **Interactive page:** https://kttclegal.info/library/notes/CivilProcedure/starting-a-claim-statements-of-case
- **Keywords:** claim form, particulars of claim, defence, statements of case, CPR Part 7, CPR 16, statement of truth, strike out

## What is this about?

Civil claims are begun by issuing a claim form and (usually) serving particulars of claim. The statements of case — claim form, particulars, defence, reply, and any counterclaim — define the issues the court will try. Defective pleading can lead to strike-out, summary judgment, or expensive amendment battles.

## What is the core rule?

A claim is generally started under CPR Part 7 (or Part 8 for specified alternative procedures) by issuing a claim form in the appropriate court. Particulars of claim must set out a concise statement of facts relied on (CPR 16). The defendant must file an acknowledgment of service and/or a defence within prescribed periods (CPR 10–15). Statements of case must be verified by a statement of truth (CPR 22). The court may strike out a statement of case that discloses no reasonable grounds or is an abuse of process (CPR 3.4).

## What are the elements or test?

1. Correct procedure: Part 7 or Part 8?
2. Jurisdiction, court, and any pre-action protocol compliance
3. Claim form issued and served in time (CPR 7.5)
4. Particulars: material facts pleaded, remedies claimed, interest?
5. Defence: which allegations admitted/denied/required to be proved; any set-off/counterclaim?
6. Amendments: CPR 17; late amendments and costs consequences

## Which authorities matter?

- **Civil Procedure Rules, Parts 7, 8, 10, 15, 16, 17, 22** — Core rules on starting claims, response, statements of case, amendments, and statements of truth.
- **Civil Procedure Rules, r.3.4** — Strike-out of statements of case for no reasonable grounds or abuse.
- **Swain v Hillman [2001] 1 All ER 91 (context with Part 24)** — Weak cases may alternatively face summary judgment — related case-management response to defective claims/defences.

## How does this apply in practice?

Money claims online and specialist lists have additional practice. Limitation must be checked before issue. This note does not replace protocol-specific PI/construction guides. Always verify current CPR form numbers and online issue routes.

## What are common pitfalls?

- Pleading law and evidence instead of material facts
- Missing the defence deadline and suffering default judgment
- Serving outside the claim form's period of validity
- Part 8 misuse for disputed fact-heavy claims

## When would a practitioner use this?

Issue strategy, drafting particulars/defence, and early strike-out/summary judgment assessment.

## Quick reference

Part 7 issue → claim form + particulars (CPR 16) → AoS/defence (Parts 10–15). Statement of truth (Part 22). Strike-out 3.4; amendments Part 17. Serve in time (7.5). Part 8 for suitable alternative claims.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*