A commercial dispute worth £2.3 million was struck out before trial. The claim wasn't frivolous—the claimant had a legitimate grievance and substantial evidence. But the Particulars of Claim failed to plead the elements of the cause of action with sufficient clarity. The defence application to strike out succeeded, and years of dispute preparation were wasted because the foundational document couldn't support the claim it was meant to establish.
This outcome, while extreme, illustrates a truth that experienced litigators understand: the Particulars of Claim isn't just paperwork to initiate proceedings. It's the architectural blueprint for the entire case. Get it wrong, and everything built upon it is unstable.
1. Pleading Fundamentals: What the CPR Requires
6.1 The Purpose of Statements of Case
The Civil Procedure Rules establish clear purposes for statements of case:
Define the Issues: Statements of case should enable the court and the parties to identify the matters in dispute—narrowing the battlefield to relevant issues.
Enable Response: Sufficient detail must be provided for the opposing party to know the case they must meet and prepare their response.
Case Management: Properly drafted statements of case enable effective case management—appropriate directions, realistic timetables, and proportionate procedures.
6.2 CPR Part 16 Requirements
CPR 16.4 specifies what Particulars of Claim must contain:
| Requirement | CPR Reference | Purpose |
|---|---|---|
| Concise statement of facts | CPR 16.4(1)(a) | Establish factual basis for claim |
| Specify remedy sought | CPR 16.4(1)(b) | Identify what claimant wants |
| Statement of value | CPR 16.3 | Determine track allocation |
| Interest claim details | CPR 16.4(2) | Basis and calculation of interest |
| Human Rights Act claims | CPR 16.4(1)(c) | If relying on HRA provisions |
| Statement of truth | CPR 22 | Verification of contents |
6.3 Practice Direction 16 Supplementary Requirements
PD 16 adds specific requirements for particular claim types:
Personal Injury Claims: Must include claimant's date of birth, brief details of injuries, and whether provisional damages claimed (PD 16 para 4).
Fatal Accident Claims: Must include names of dependants, dates of birth of minor dependants, and relationship to deceased (PD 16 para 5).
Recovery of Land: Must identify the land, state grounds for possession, and give details of any tenancy (PD 16 para 6).
Hire Purchase Claims: Must identify the goods and attach the agreement (PD 16 para 7).
2. Drafting Technique: From Facts to Legal Elements
6.4 The Three-Step Drafting Framework
Step 1: Identify the Cause of Action
Before drafting, clearly identify which cause(s) of action you're pursuing. Each cause of action has specific elements that must be pleaded:
| Cause of Action | Essential Elements |
|---|---|
| Breach of Contract | Contract existence; relevant terms; breach; loss and damage |
| Negligence | Duty of care; breach of duty; causation; damage |
| Misrepresentation | False statement of fact; inducement; reliance; loss |
| Professional Negligence | Retainer/duty; standard of care; breach; causation; loss |
Step 2: Map Facts to Elements
For each element, identify the facts that establish it. If you can't identify facts supporting an element, you may not have a viable claim.
Step 3: Draft Element by Element
Structure pleadings to address each element systematically. This ensures nothing is omitted and creates logical flow.
6.5 Drafting Principles
Plead Facts, Not Evidence
Particulars of Claim should state the material facts, not the evidence by which those facts will be proved.
Correct: "On 15 March 2024, the Defendant failed to deliver the goods."
Incorrect: "Mr Smith will give evidence that on 15 March 2024 he waited at the delivery bay and the goods did not arrive."
Plead Facts, Not Law
State the facts that give rise to legal consequences; the court will apply the law.
Correct: "The Defendant was the manufacturer of the product and owed the Claimant a duty to take reasonable care."
Incorrect: "Under the principles established in Donoghue v Stevenson [1932] AC 562, manufacturers owe duties to ultimate consumers."
Be Specific Where Specificity Matters
Vague pleadings invite strike-out applications. Specificity requirements include:
- Dates of key events
- Parties to communications
- Terms of contracts relied upon (verbatim or summary)
- Particulars of alleged breaches
- Particulars of loss and damage
Be Concise
Particulars of Claim should be as brief as reasonably possible while including all necessary elements. Excessive length obscures rather than illuminates.
3. Structure of Particulars of Claim
6.6 Standard Structure
1. Heading
- Court name
- Claim number (if issued)
- Between: Claimant name and Defendant name
- Document title: "PARTICULARS OF CLAIM"
2. Introduction
- Identity and status of parties
- Brief overview of claim nature
3. Background Facts
- Relevant history
- Relationship between parties
- Context for the dispute
4. The Agreement/Relationship
- Contract terms relied upon (for contract claims)
- Basis of duty (for tort claims)
- Nature of relationship giving rise to obligations
5. The Breach/Wrong
- What the defendant did or failed to do
- When
- How this constitutes breach/wrong
6. Loss and Damage
- What losses flowed from the breach
- Quantification where possible
- Continuing losses if applicable
7. Interest
- Statutory basis or contractual entitlement
- Rate and calculation method
- Amount to date and daily rate
8. Prayer for Relief
- Specific remedies sought
- Damages
- Interest
- Costs
- Further or other relief
9. Statement of Truth
"I believe [or the Claimant believes] 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."
4. Common Pleading Errors
6.7 Failure to Plead All Elements
Missing even one essential element can be fatal:
- Contract claim without pleading consideration or breach
- Negligence claim without pleading causation
- Misrepresentation claim without pleading reliance
Prevention: Use element checklists for each cause of action before finalising.
6.8 Inconsistent Pleading
Alleging mutually exclusive facts:
- Claiming the contract was oral while quoting written terms
- Alleging the defendant both knew and didn't know relevant facts
Note: Alternative pleading is permitted ("In the alternative...") but facts within each alternative must be internally consistent.
6.9 Rolled-Up Pleading
Mixing fact, evidence, and argument in ways that obscure what is actually alleged:
Problematic: "The Defendant clearly breached the contract as evidenced by the email of 15 March which the court will see demonstrates..."
Better: "By email dated 15 March 2024, the Defendant stated that it would not deliver the goods. This constituted a repudiatory breach of clause 4.2 of the Contract."
5. RUNO's Litigation Drafting Tools
RUNO's Legal AI Assistant includes specialised litigation drafting capabilities:
Particulars of Claim Generator: Guided drafting that ensures all required elements are addressed. The system prompts for each essential component of your chosen cause of action, ensuring nothing is omitted.
CPR Compliance Checking: Automatic verification against CPR 16 and relevant Practice Directions, flagging missing elements or non-compliant formulations.
Element Mapping: Visual mapping of pleaded facts to legal elements, ensuring every element is supported and every allegation serves a purpose.
Template Library: Precedent templates for common claim types, providing structure while allowing customisation for your specific case.
6. Conclusion: The Foundation Matters
The £2.3 million claim struck out for pleading deficiencies represented not just a tactical failure but a failure of foundational work. The evidence existed. The legal basis was sound. But the Particulars of Claim couldn't support the weight of the case built upon it.
Effective Particulars of Claim require more than legal knowledge—they require disciplined technique, systematic approach, and attention to the often-tedious details that separate successful claims from vulnerable ones.
The time invested in proper drafting is always less than the cost of remediation—or the catastrophic cost of an otherwise viable claim being struck out.
Explore RUNO's Litigation Drafting Tools or request a demonstration to see AI-assisted pleading drafting in action.