Particulars of Claim
Form N1 also includes a section headed ‘Particulars of Claim’. ‘Particulars’ simply means ‘details’. The Particulars of Claim is an expanded and more detailed version of the ‘brief details of claim’. It is a concise, written statement of the facts of your claim and what you want from the defendant. What is it you want the Defendant to do, to stop doing or to give you?
Be aware!
The judge will not award you money you have not claimed for. If you want your legal costs and interest as well as what you are claiming for, you must ask for them in your Particulars of Claim. Don’t miss out. You cannot ask for them later and they can add up to a lot of money.
You also need to give details of any interest you want to claim.
If the details, or ‘particulars’ of your claim are short and simple, it is easiest to include them in the N1 form where space allows.
If the details of claim are a lot more complicated (perhaps it’s a personal injury claim, where there is a lot of detail about how the accident occurred and whose fault it was), then it is normal to put the ‘particulars of claim’ in a separate document (which gets called the ‘Particulars of Claim’). You attach this to the N1 claim form and send it to the court at the same time. In this situation you may hear court staff talk about the particulars of claim being ‘attached’.
Occasionally there are circumstances when a claimant has to send the Particulars of Claim separately and a bit later (‘to follow’), maybe because they are up against a deadline for starting their claim. There are strict rules about how long you’ve got to send in the Particulars of Claim and get it to the defendant if you don’t send it to the court at the same time as the N1 claim form. You will also need to download and send the correct ‘response pack’ to the defendant, or the court may decide you haven’t sent the particulars of claim correctly. You want to avoid being in this position if at all possible. Get legal advice quickly if you are in this situation.
To see an example of a Particulars of Claim and how to lay it out please buy the extended guide.