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— Regine from Wembley
Your Particulars of Claim are the spine of your case. They are the formal statement of facts, the cause of action, and the remedy you ask the court to grant. Get them right and every subsequent step — defence, directions, disclosure, trial — rests on a firm foundation. Get them wrong and you risk strike-out under CPR 3.4, amendment applications, and a judge who cannot follow what you are complaining about. This guide walks you through drafting Particulars that comply with CPR 16.4, hang together logically, and give the court what it actually needs.
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When Do You Need This?
You need Particulars of Claim every time you issue a civil claim in the County Court or the High Court where the full facts and legal basis are not set out on the face of the claim form. Usually separate, served with or within 14 days of the claim form under CPR 7.4. The claim form contains only brief details; the Particulars are where the case is actually made.
Typical scenarios: breach-of-contract claims (plead terms, breach, loss); negligence claims (duty, breach, causation, damage); debt claims (sum, dates, basis); consumer claims under CRA 2015; landlord-and-tenant disputes; restitution; defamation (subject to PD 53B).
What the Particulars Involve
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Not a letter, statement, or story. A pleading. Concise, numbered, paragraph-by-paragraph. Material facts, cause of action, exactly what you want the court to order.
The court uses the Particulars to understand what is in issue. The defendant uses them to plead a defence paragraph by paragraph. The judge at trial uses them to define the boundaries of what can be argued — you cannot generally run a case at trial that was never pleaded.
Fees
No separate fee. Fee paid when N1 issued, sliding scale against claim value under the Civil Proceedings Fees Order. A £5,000 claim: £205 online. £10,000: £455. £50,000: 5%. Fee remission via EX160 if qualifying.
How to Draft It — Step by Step
1. The Heading
Court name, claim number (if issued), parties with status. Centre-title: PARTICULARS OF CLAIM.
2. Parties Paragraph
Paragraph 1: Claimant. Paragraph 2: Defendant. Short descriptions. Example: “The Claimant is an individual residing at [address]. The Defendant is a limited company registered in England and Wales (company number 12345678).”
3. The Facts — Chronological
Material facts in date order. One paragraph per event. Dates wherever possible. Plead — material — facts. Do not include evidence, argument, or commentary.
4. The Cause of Action
Identify the legal wrong. Contract: contract, term breached, act or omission, consequences. Tort: duty, standard, breach, causation (factual and legal), damage. Restitution: benefit received, basis for restoration, absence of legal basis.
5. Loss and Damage
Specificity. Quantified loss: figure and basis. Continuing loss: pleaded as continuing. Computation required: attach a Schedule of Loss, cross-refer. Vague pleas fail.
6. Interest
CPR 16.4(2) requires specific statement if claimed. Statutory basis (s.69 County Courts Act 1984 or s.35A Senior Courts Act 1981), rate, period. Contract interest: plead the clause. Business B2B: Late Payment of Commercial Debts (Interest) Act 1998.
7. The Prayer for Relief
Numbered list of what you ask the court to order. Damages to be assessed or damages in a pleaded sum, interest, costs, specific relief (specific performance, injunction, declaration). Ask for what the court can give.
8. Statement of Truth
CPR 22 and PD 22. Current wording: “I believe that the facts stated in these Particulars of Claim are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.” Signed, dated, name printed. LiP signs as claimant. Company: state position held.
Key Deadlines
- Service with claim form or within 14 days (CPR 7.4(2))
- 4-month window for serving claim form (6 months out of jurisdiction) (CPR 7.5)
- Defendant’s acknowledgement: 14 days (CPR 10.3)
- Defence: 14 days or 28 days if ACK filed (CPR 15.4)
- Reply: with directions questionnaire (CPR 15.8)
- Amendment without permission: before service only (CPR 17.1(1))
What Happens After You File
Defendant’s response clock starts. ACK, then defence (and counterclaim perhaps). Notice of proposed allocation. Case allocated: small claims, fast track, intermediate track, multi-track.
Risk: defendant applies to strike out under CPR 3.4(2)(a) if no reasonable grounds, or 3.4(2)(b) if abusive. Alternative: further information request under CPR 18. Badly drafted particulars make settlement harder — defendants cannot value what they cannot understand.
Common Mistakes
- Mixing evidence with facts. Particulars plead; witness statements prove.
- Over-length. 40 pages for straightforward breach of contract is a red flag.
- Failing to plead cause of action. Long narrative with no legal peg = strike-out.
- Vague loss. Plead figures or “damages to be assessed” with schedule.
- Asking for unavailable remedies. Damages and rescission for same breach. Specific performance of personal services.
- Forgetting interest. No plea, no award.
- Missing statement of truth. Defective document.
- Inconsistent dates and figures between claim form and particulars.
The Rules That Apply
- CPR 16.4 — contents of Particulars of Claim
- CPR 16 Practice Direction — matters for specific claim types
- CPR 7.4 — service timing
- CPR 15 and 15.8 — defence and reply
- CPR 17 — amendments
- CPR 18 — further information
- CPR 22 and PD 22 — statements of truth
- CPR 3.4 — strike out
- Section 69 County Courts Act 1984 / s.35A Senior Courts Act 1981 — interest
How Chris Can Help
Drafting Particulars of Claim is a craft. It rewards precision and punishes waffle. The court is not in the business of being pleased — it is in the business of being right. Chris drafts your Particulars paragraph by paragraph to CPR 16.4 standard: the parties, the facts chronologically, the cause of action with correct legal elements, the loss quantified, the interest claimed, the remedies sought, the statement of truth. Where the case calls for a Schedule of Loss, Chris builds that alongside.
Chris does not give legal advice. Chris drafts documents to your instructions, counsel-grade standard, using the rules as skeleton and your facts as body. You read, sign, file.
7-day money-back guarantee. Not happy with the draft before you sign and send? We refund. We are miracle-makers, not miracle-workers — if the underlying merits are weak, no drafting saves a bad case.
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Frequently Asked Questions
Must I serve Particulars separately from the claim form?
No. Include on the claim form if short enough, or serve separately within 14 days (CPR 7.4(2)) and in any event within the 4-month service window.
How long should Particulars be?
As long as the case requires, no longer. Simple debt: two pages. Complex commercial: thirty. Test: every material fact, cause of action, and remedy clearly pleaded.
Can I amend after serving?
With court permission or written consent of all parties (CPR 17.1(2)). Amendments before service: free under 17.1(1). After: usually a costs order against amending party.
What if my Particulars are badly drafted?
Defendant may strike out under CPR 3.4 (no reasonable grounds). Or request further information under CPR 18. Bad drafting also makes settlement harder.
Do I attach documents?
PD 16 para 7 requires key written contracts or general conditions to be attached or served with the Particulars. Other documents follow in disclosure.
What is a Schedule of Loss?
Tabulated breakdown of heads of damage with figures, dates, basis of calculation. Effectively mandatory in personal injury, employment, and most contract claims where damages exceed straightforward debt.
Who signs the statement of truth for a company?
Person holding senior position, stating position held. Solicitor may sign if properly authorised. LiP signs as claimant in own name.
Can I plead alternative causes of action?
Yes. Same conduct may be breach of contract AND negligent misstatement. Plead in the alternative. Court decides which is made out.
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