88 CONTRACT: FORMS 27 STATEMENT OF CLAIM for liquidated damages: express contract! (Heading as in Form 12) STATEMENT OF CLAIM en bY a" agreement in writing made between the Plaintiff and the Defendant on or about ......... 19...? the Defendoan agreed in consideration of the Plaintiff supplying him with Z-type television en (1) that he would not sell any of the aerials to ochar dealers; {2) that he would not sell any of the aerials to she public on credit; (5) that he would not advertise the aerials in the Pree without the prior written permission of the Plaintiff and (4) that in respect of every breach by him of the agreement he would pay ‘0 Gre Plaintiff the sum of £...... 8 agreed damages” Fade agreement was contained in letters from the Plaintiff to the pefendant dated 4.0 19... and vere 19, od in letters from the Defendant to the Plaintiff dated .. -and. 3. On «--..0 19... in breach of the agreement, the the aerials in the Barchester Clarion newspaper, fon, divers dates in 19... in further breach of the agreement, the Defendant sold 50 of the aerials to members of the public on credit, PARTICULARS oe 19...4, Defendant advertised (Give particulars of sales, with dates and names) 5. By reason of the aforesaid matters, the Plaintitr entitled to the sum of as agreed damages in respect of each of the breaches » (Set out claim for interest asin paragraph 9 of Form 14). AND the Plaintiff claims: (1) Under paragraph 3 hereof. £. (2) Under paragraph 4 hereof: £. (9) (Asin paragraph (2) of the prayer to Form 14), (Conclude as in Form 12) fee Paragraph 51 ante; for a defence that the sums claimed are penalties see Form 105 post. 2) Sce Form 12 note 5 ante. 3° See Form 12 note 6 ante, 4° See Paragraph 66 ante 28 STATEMENT OF CLAIM for liquidated damages! (Heading as in Form 12) STATEMENT OF CLAIM 1. By an agreement in writing dated ......... 19...2 made between the Plaintiff and the Defendant, the Defendan¢ agreed to build a yacht for the Plaintiff for the sum of £....3. 2. [It was an express term of the agreement that the Defendant would complete the yacht not later than ......° 19.; and une Defendant agreed to90 CONTRACT: FORMS 30 STATEMENT OF CLAIM for work done and materials supplied: reasonable price! (Heading as in Form 12) STATEMENT OF CLAIM 1. The Plaintiff carries on business at Barchester in the County of Wessex and elsewhere as a builder and decorator. 2, On .....++. 19... by an oral agreement made between the Plaintiff and the Defendant at the Defendant's premises at (address), the Plaintiff agreed to construct a brick garage at the premises in accordance with a drawing then given to him by the Defendant. 3. The Plaintiff duly constructed the garage in accordance with the said drawing. 4, It was an express term? of the agreement that the Defendant should pay a reasonable price for the said work. 5. A reasonable price for the work was £...... . PARTICULARS, (1) 80 hours at £...... per hour (2) Material as set out in the Schedule hereto & & 6. ay letters from the Plaintiff to the Defendant dated and . the Plaintiff requested payment of the sum of £. but the Bedesiane tds ted and neglected to pay the sum or any part thereof. 7. (Set out claim for interest as in paragraph 9 of Form 14). AND the Plaintiff claim: (1) The said sum of £......; (2) (As in paragraph (2) of the prayer to Form 14). (Conclude as in Form 12) 1 See Paragraph 66 ante. 2 Even if this was not an express term the court would impose such an obligation and ascertain a reasonable price in the circumstances. See Paragraph 52 ante and also Foley Classique Coaches Ltd [1934] 2 KB 1, CA. 31 STATEMENT OF CLAIM for conversion; alternatively for money had and received! (Heading as in Form 12) STATEMENT OF CLAIM 1. The Plaintiff is and was at all material times a fur-skin dyer carrying on business at (address)?. 2. The Defendant was at all material times until ......... 19...3 employed by the Plaintiff in the said business. 3. In the course of the Plaintiff's business large quantities of sawdust are used for the purpose of cleaning skins. It was at all material times part of the Defendant's duty as employee of the Plaintiff to dispose of used sawdust and to keep unused sawdust belonging to the Plaintiff for use in the business.STATEMENT OF CLAIM 1 4. At various dates in the years 19... to 19... the Defendant in breach of his duty as aforesaid and without the Plaintiff's knowledge or consent sold a large number of bags of unused sawdust belonging to the Plaintiff and received the purchase moneys and applied them to his own use. 5. By reason of the aforesaid facts and matters the Defendant wrongfully deprived the Plaintiff of the use and possession of the bags of sawdust and converted the same to his own use. : PARTICULARS . May 19... 56 Ib. bags, value ... p each, sold to J.K.; £...... received. June 19... 56 Ib. bags, value ... p each, sold to L.M.; £...... received. 6. By reason of the aforesaid facts and matters the Plaintiff claims the said . as damages for conversion or in the alternative as money had by the Defendant to the Plaintiff's use. 7. (Set out claim for interest as in paragraph 9 of Form 14). AND the Plaintiff claims: (1) Damages for wrongful conversion; (2) Alternatively, £...... being money had and received by the Defendant to the Plaintiff's use; (3) (As in paragraph (2) of the prayer to Form 14). (Conclude as in Form 12) ey 1 See Paragraph 56 ante. This form is based on an action referred to in Rice v Reed [1900] 1 QB 54, CA. For an alternative form see Vol 27 (1995 Issue) title MONEY Form 18, 2. See Form 12 note 6 ante. 3. See Form 12 note 5 ante. 32 STATEMENT OF CLAIM for return of money had and received! (Adapt heading from Form 12) STATEMENT OF CLAIM 1. The Plaintiffs are and were at all material times shipowners carrying on business at (address). 2. The Defendants are and were at all material times shipwrights carrying on business at (address). 3. In the month of . . 19...3 the Plaintiff sent their ship, S.S. Sieve, to the Defendants’ dockyard for the carrying out of necessary repairs to the ship’s hull and equipment. 4. The Defendants duly carried out the said repairs which were completed on 1 May 19... at a total cost of £110,000. 5. On 19... and for a period of 4 weeks immediately thereafter the Plaintiff, owing to heavy financial commitments and obligations, were ‘temporarily unable to meet the cost of the repairs in full. They at once ~ formed the Defendants of that fact and offered £60,000 on taking ediate delivery of the ship and the balance of £50,000 4 weeks er, namely on 19. The Defendants refused to accept payment on the suggested or any us other than payment in full and refused to deliver up the ship until such ent in full was made.: 7. The Defendants further informed the Plaintiffs that they proposed to charge the Plaintiffs the sum of £2,000 per day for the use of the dock in which the ship lay until such time as the repairs were fully paid for and the ship removed. 8. The Plaintiffs immediately but without avail protested that by enforcing a lien on the ship the Defendants were depriving them of the profitable use of the ship and they refused to agree to the charge. 9. On .....0-+ 19..2y that is, 4 weeks after the completion of the repairs as aforesaid, tendered to the Defendants the sum of £110,000 being payment in full for the repairs. j 10. The Defendants accepted the said sum but refused to allow the | Plaintiffs to take delivery of the ship until they had paid a further sum of { £56,000 dock charges calculated at the rate of £2,000 per day for 28 days. 11. The Plaintiffs paid the sum of £56,000 on ......... 19... under protest in order to obtain delivery of the ship. | 12, By reason of the aforesaid facts and matters the Plaintif& claim from | the Defendants the said sum of £56,000 as money had and received by the Defendants to the use of the Plaintiffs. 13. (Set out claim for interest as in paragraph 9 of Form 14). AND the Plaintiffs claim: (1) £56,000 for money had and received by the Defendants to the use of ’ the Plaintiffs; | (2) (As in paragraph (2) of the prayer to Form 14). (Conclude as in Form 12) | 1 See Paragraph 56 ante. For the recovery of money had and received see generally 9 Halsbury’s Laws (4th Edn) para 675 and Vol 27 (1995 Issue) title MONEY. 2 See Form 12 note 6 ante. 3° See Form 12 note 5 ante. 33 STATEMENT OF CLAIM for recovery of money paid for a 4 consideration which has wholly failed! (Heading as in Form 12) STATEMENT OF CLAIM 1. By a contract in writing dated ......... 19... and made between the Plaintiff and the Defendant (“the Contract”) the Defendant agreed to sell and the Plaintiff agreed to buy a T-type motor caravan registration number vesseees (“the Caravan”) for the price of £50,0002, 2. The Contract was contained in a letter from the Plaintiff to the Defendant dated . 19... and in a letter from the Defendant to the Plaintiff dated .. 3. On ........- 19... the Plaintiff duly paid the Defendant the said price of £50,000 pursuant to the Contract. 4. It was an implied condition of the Contract that the Defendant would | have the right to sell the Caravan at the time when the property was to pass*. 5, The Defendant was not at any material time the owner of the Caravan | nor had he at any material time the right to sell the same. 19,EMPLOYER AND EMPLOYEE AT COMMON LAW 273 34 STATEMENT OF CLAIM: unsafe place of work: breach of statutory duty! (Heading as in Form 9) STATEMENT OF CLAIM. 1, At all material times the Plaintiff, who was born on . 19..., was employed by the Defendant as a bricklayer in the construction of a building at (address). The Construction (Working Places) Regulations 1966? applied to the work. 2. On or about ......... 19..., when the Plaintiff was employed as aforesaid upon a scaffolding erected by the Defendant, its servants or agents, the scaffolding collapsed causing the Plaintiff to fall to the ground. As a result he sustained injury, loss and damage as hereafter appears. 3. The Plaintiff's accident was caused by the negligence and breach of duty of the Defendant, its servants or agents. PARTICULARS OF NEGLIGENCE The Defendant, its servants or agents, were negligent in that they: (1) constructed the scaffolding unsafely; (2) used defective and/or substandard materials in the construction; 3) failed to heed or observe the dangerous condition of the scaffolding; (4) caused, permitted or required the Plaintiff to work on the scaffolding when they well knew or ought to have known of its dangerous condition. The Plaintiff will rely upon the maxim res ipsa loquitur. 4, Further or alternatively, the Plaintiff's accident was caused by the breach of statutory duty of the Defendant, its servants or agents. PARTICULARS OF BREACH OF STATUTORY DUTY The Defendant its servants or agents; (1) contrary to Regulation 9 of the Regulations’ failed to provide a scaffold every part whereof was of good construction, suitable material and adequate strength for the purpose used; (2) (Set out further particulars of the breaches of regulations relied upon). 5. As a result of the accident the Plaintiff has sustained injury, loss and damage. PARTICULARS OF INJURY (Set out particulars as in Form 31) PARTICULARS OF SPECIAL DAMAGE (Set out particulars as in Form 31) 6. (Insert claim for interest as in paragraph 6 of Form 3). AND the Plaintiff claims: (1) damages; (2) the aforementioned interest pursuant to Section 35A of the Supreme Court Act 19815 to be assessed. (Conclude as in Form 3) 1 See Paragraph 9 ante. For a defence see Form 36 post. For a fatal accidents claim on similar facts see Vol 20 (1993 Issue) title HEALTH AND SAFETY AT WORK Form 43.2 Construction (Working Places) Regulations 1966, SI 1966/94 (as amended) (9 Halsbury’s Statutory Instruments (1993 Isstte) HEALTH AND SAFETY AT WORK). Ibid reg 9, Je under the Construction (Working Places) Regulations 1966. Supreme Court Act 1981 s 35A (as inserted) (11 Halsbury’s Statutes (4th Edn) courts AND LEGAL SERVICES). 35 STATEMENT OF CLAIM for failure to provide proper system of work and effective supervision’ (Heading as in Form 33) STATEMENT OF CLAIM. 1. The Plaintiff, who was born on ......... 19... was at all material times a dock labourer employed by the Defendant which carries on business as a stevedore at (address). 2. On oF about vs... 19..., the Plaintiff was employed together with other of the Defendant's employees in loading the steamship “Sieve” with drums of caustic soda from a barge lying alongside. The loading was carried out by using the port and starboard winches together, the falls of the winches being “married”. [3. It was an implied term of the Plaintiff's contract of employment that the Defendant, would by its servants or agents, take all reasonable care to provide and/or maintain a reasonably safe system of work and effective supervision of the same2]. 4, The Plaintiff, in the course of his employment, was in the barge when an empty hook which was being brought to the ship's side caught in a section of the ship’ rail and caused it anda piece of timber lying agains it to fall into the barge and to strike the Plaintiff. As a result he sustained injury, loss and damage as hereafter appears. 5. The accident was caused by the negligence of the Defendant, its servants or agents. PARTICULARS OF NEGLIGENCE The Defendant, its servants or agents were negligent in that they: (1) rushed the process of loading; (2) overloaded the sling; (3) used a defective starboard winch; (4) failed to remove the sections of the ship’s rail within the area of traverse of the sling; (5) left a quantity of dunnage or timber lying on the deck near the rail; (6) failed to remove the dunnage or timber; (7) in the respects aforesaid failed to provide and/or maintain a reasonably safe method of working and/or effective supervision, thereby exposing the Plaintiff to unnecessary risk. [6. Further or alternatively, the accident was caused by the Defendant's breaches of the aforesaid implied term. In support of this allegation the Plaintiff will rely upon the particulars set out in paragraph 5 hereof] 7. As a result of the accident the Plaintiff has sustained injury, loss and damage. Ssre ~~ LKADE, LABOUR AND EMPLOYMENT: FORMS 33 STATEMENT OF CLAIM: failure to take reasonable care to provide safe premises! IN THE HIGH COURT OF JUSTICE 19... B. No. Queen's Bench Division Writ issued the dayiof vrrs:c119n. Between A.B. eos Plaintiff and cD. one Defendant STATEMENT OF CLAIM 1. The Plaintiff, who was born on ......... 19..., was at all material times employed as a chauffeur in the employment of the Defendant. 2. In the course of his employment, it was the duty of the Plaintiff to drive the Defendant's motor car in and out of a garage attached to the Defendant's premises at (address) and to clean and repair the motor car in the garage. 3. On or about ......... 19..., and again on or about im 19k, the Defendant was told by one X. Y., and it was a fact, that a window above the door of the garage needed repair because the surrounding beading had decayed and it was then secured only by a nail and was in an unsafe and unfit condition; yet in spite of this notification, the Defendant negligently failed or refused to have the said window repaired and failed to warn the Plaintiff of its condition. 4. On 1... 19..., while the Plaintiff, who was at all material times ignorant of the condition of the window, was opening the main door of the garage, the heavy glass pane in the window aforesaid fell upon the Plaintiff and caused him severe injuries whereby he has suffered loss and damage. PARTICULARS OF INJURIES (Set out particulars as in Form 31) PARTICULARS OF SPECIAL DAMAGE (Set out particulars as in Form 31) 5. (Insert claim for interest as in paragraph 6 of Form 3). AND the Plaintiff claims: (1) damages; (2) the aforementioned interest pursuant to Section 35A of the Supreme Court Act 1981? to be assessed, (Conclude as in Form 3) 1 See Paragraph 9 ante. Compare the ficts in Cole v De Trafford (No 2) [1918] 2 KB 523, [1918-19] All ER Rep 290, CA, where it was held that the employer was not negligent in failing to have a periodic or other examination of domestic premises, apparently in good condition, to ensure that there were no defects potentially dangerous to servants. In the case illustrated here the defect has been brought to the master's notice by a third party. See also Mellors v Shaw (1861) 1 B & S 437. For a defence see Form 37 post. 2° Supreme Court Act 1981 535A (as inserted) (11 Halsbury’s Statutes (4th Edn) COURTS AND LEGAL SERVICES).STATEMENT OF CLAIM 87 26 STATEMENT OF CLAIM for damages for breach of contract! (Adapt heading from Form 12) STATEMENT OF CLAIM 1. By a contract made on or about ......... 19...2 the Plaintiffs agreed to manufacture and sell to the Defendants and the Defendants agreed to buy from the Plaintiffs 3 Mastergraph Series Z printing machines at a price of Gade 2. The contract was contained in Telex messagest passing betwoen the Plaintiffs and the Defendants on ......... ae 310 3. By letter to the Plaintiff dated . the Defendants purported to cancel their order for the printing machines and thereby repudiated the contract. 4, By letter to the Defendants dated ... the Defendants’ repudiation. 5. By reason of the aforesaid matters the Plaintiffs have suffered loss and damage. 9... the Plaintiff accepted PARTICULARS, Difference between contract price and cost of manufacture, sous. per machine® 6. (Set out claim for interest as in paragraph 7 of Form 13). AND the Plaintiffs claim: (1) Damages; (2) (As in paragraph (2) of the prayer to Form 13). (Conclude as in Form 12) For remedies including damages see Paragraph 47 ante. For an indorsement see Form 3 ante. See Form 12 note 5 ante. See Form 12 note 6 ante. See Bruner v Moore [1904] 1 Ch 305 at p 316 per FaRwett J (telegram) and 9 Halsbury’s Laws (4th Edn) para 280. See Paragraph 66 ante. This form assumes that the plaintiff has not incurred any expense in fulfilling his part of the contract, and that the supply of the machines exceeds the demand. For damages for non-acceptance of goods see the Sale of Goods Act 1979 s 50 (39 Halsbury's Statutes (4th Edn) SALE OF GOODS AND CONSUMER PROTECTION and Vol 34 (2) (1994 Issue) title SALE AND SUPPLY OF GOODS AND SERVICES. As to pleading damages see the Supreme Court Practice 1995 para 18/12/6. BON auni 170 LIBEL AND SLANDER: FORMS injured in their reputation and have been brought into public scandal, odium and contempt®. 7. Further or in the alternative, the said words were false and were published maliciously’. PARTICULARS OF FALSITY { (1) There has been no dissolution of partnership of the Plaintiff firm, (2) The Plaintiff have not ceased to carry on business, PARTICULARS OF MALICE (3) The Plaintif® repeat paragraph 1 hereof. (4) The Plaintiff and the Defendants are trade rivals. 8. The said words were calculated to cause pecuniary damage to the Plaintiffs. 9. The Plaintiffs have suffered a general loss in their said business. 4 PARTICULARS OF SPECIAL DAMAGE (State the particulars of special damage®) AND the Plaintiffs claim against the Defendants and each of them: (1) under paragraph 2 damages for libel and/or injurious falsehood; (2) under paragraph 4 damages for libel and/or injurious falsehood. (Conclude as in Form 32) ‘See Paragraphs 1, 6, 12 ante. 1 2. For the significance of these words see Paragraph 8 note 5 ante. 3. In the example given, there will have been: 1. publication to the editor and/or proprictots and 2. publication to the readers of the newspaper. 4 See Form 32 notes 3, 5 ante. 5 For pleading defamatory meanings see Paragraph 11 ante. Sce also Forms 32-42 ante. 6 See Form 32 paragraph 5 ante. 7. See Form 47 notes 3, 4 ante. ‘ 8 See Paragraph 13 ante. See also Form 47 note 5 ante. 9 For claim for interest see Form 33 note 15 ante. 51 \ . i, | STATEMENT OF CLAIM: conspiracy to publish defamatory | statements! (Heading as in Form 32) | Between A.B. Plaintiff { and | @ ep. First Defendant | . (2) J.K. Second Defendant Q) LM. Third Defendant STATEMENT OF CLAIM 1. The Plaintiff was at all material times the Secretary of the .... Union, the membership of which is drawn mainly from persons engaged in the trade of .. The Defendants and all of them were at all material mes members of the said Union, In the months of .. and . . the Plaintiff on behalf of the said Union and the labour interests mene thereby was engaged in negotiations with a representative body of employers concerning an increase in the standard rates of wages payable in the said trade.INTERLOCUTORY INJUNCTIONS 71 2. In the month of ......... 19... the Defendants [and each of them] wrongfully and maliciously and with intent to injure the Plaintiff conspired together to publish or cause to be published of and concerning the Plaintiff and of and concerning the Plaintiff in connection with his said office false and defamatory statements both oral and in writing, 3, In pursuance and execution of their said conspiracy the Defendants [falsely and maliciously?] published and/or caused to be published of and concerning the Plaintiff and of and concerning the Plaintiff in connection with his said office the following [defamatory] statements: (1) The Defendant C. D. facting on his own behalf and on behalf of the other Defendants] in the course of a speech made to members of the said Union at ......... On ....... 19... spoke as follows: (set out passages complained of); (2) The Defendant J. K. [acting on his own behalf and on behalf of the other Defendants] in the course of a speech made to members of the said Union at 22.42. OM v.19... Spoke as follows: (set out passages complained of); (3) The Defendant L. M. [acting on his own behalf and on behalf of the other Defendants] wrote in a letter dated ......... 19... addressed and sent to “The Casterbridge Times” newspaper and intended for publication therein as follows: (set out passages complained of). 4. The said statements and each of them meant and were understood to mean that the Plaintiff had been guilty of dishonest conduct in carrying on the said negotiations and was unfitted to hold or retain his said office or any office of trust’. PARTICULARS PURSUANT TO RSC ORDER 82, RULE 3 (1)5 (Set out the facts and matters relied on to support the innuendo) 5. By reason of the premises the Plaintiff has been injured in his credit and reputation and has been brought into hatred and contempt and has suffered damage®. PARTICULARS OF SPECIAL DAMAGE (Set out particulars of the special damage alleged) ANp the Plaintiff claims: 1. against the Defendants and each of them, damages for conspiracy; 2. against the Defendants and each of them, or alternatively against the Defendant C, D., damages for slander; 3. against the Defendants and each of them, or alternatively against the Defendant J. K., damages for slander; 4. against the Defendants and each of them, or alternatively against the Defendant L. M., damages for libel. (Conclude as in Form 32) 1 This form is based on Thomas v Moore [1918] 1 KB 555, CA, but it is very doubtful whether such an action will lie; see Ward v Lewis (1955] 1 All ER 55, [1955] 1 WLR 9, CA. See also Form 23 note 1 ante. See Paragraph 8 note 5 ante. See Form 32 notes 3, 5 ante As to when an innuendo should be pleaded sce Paragraph 11 ante. See also Form 47 note 3 ante RSC Ord 82 F 3 (1). See Form 32 paragraph 5 ante. For a claim for interest see Form 33 note 15 ante. BON462 TRADE MARKS AND TRADE NAMES: FORMS, (address) during the year 19... and up to the date of the issue of the Wai herein. (2) The Defendant by itself or its servants or agents sold 2 such pieces bacon to one P,Q. at (address) on 19... (3) (Give other particulars). In none of the above cases was the bacon sold the Plaintiff's bacon. 6. The use by the Defendant of the mark “X” upon bacon is calcula to deceive. injunction will continue to repeat its acts hereinbefore set out, and by reason of the aforesaid facts the Plaintiff has suffered and will suffer damage. 8, (As in paragraph 8 of Form 11). PARTICULARS (Give particulars of any special damage) Anp the Plaintiff claims (continue with prayer for relief as in Form 2). (Conclude as in Form 11) Adapted from the statement of claim in C and T Harris (Calne) Ltd v F $ Hanis (1933) 51 RPC 98. This case was settled before an appeal was heard. For proceedings in the Court of Appeal on the question of costs, after the settlement, see (1934) 51 RPC 264. For an indorsement on writ see Form 2 ante and for a defence see Form 31 post. : 18 STATEMENT OF CLAIM for passing off: general form! IN THE HIGH COURT OF JUSTICE 19...A. No... Chancery Division Writ issued the «.....0.. day Of veeseees 19. | Between A.B. [ple] v Phintiff and C.D. [ple] v. Defendant STATEMENT OF CLAIM 1. (State nature and duration and, if relevant, locality, of the plaintiff's business and, if relevant, that of the plaintiff's predecessors in title and all relevant facts concerning the assignment of the goodwill in the business to the plaintiff). 2. The Plaintiff [and its predecessors in title] has in the course of the said business made extensive use of the [words and/or name and/or get-up] “x, PARTICULARS (Give details of advertisements, trading, sales, etc., relied on, giving dates and quantities if the nature of the case so admits?) 3. As a consequence of the user the Plaintiff has acquired a substantial reputation and goodwill in the [words or as the case may be] “X”4. PARTICULARS, (Set out all the allegations which the nature of the case admits as to the words “X” being well known, what they mean to the public, whether they are so well known as to be usedSTATEMENT OF CLAIM 463 by the public by themselves without addition, or if with additions with what additions and what the public expect to get when they order goods under the words “X") 4, There are circumstances of the trade in which the Plaintiff's business lies that make the Plaintiff's reputation in the words “X” of special importance. PARTICULARS, (Set out any facts, such as the nature of the persons buying the plaintiff's goods*, or the manner of effecting sales, e.g., by oral rather than written use of the words “X”, that make confusion with near imitations particularly likely’) 5. (State, if relevant, the nature, etc., of the defendants” business). 6. The Defendant has since about .. .. 19... [and before the issue of the Writ in this action] passed off and attempted to pass off and caused enabled and assisted others to pass off [goods or a business] not the [goods or business] of the Plaintiff as and for the [goods or business] of the Plaintiff. PARTICULARS (Set out all specific acts of advertisement, trading and sales known to the plaintiff; and by them complained of, giving dates and quantities, and set out any probable future advertisements, trading and sales which are feared) The Plaintiff is unable before discovery to give particulars of all the acts of passing off committed by the Defendant but will at the trial of this action seek to recover in respect of all such acts. [Samples (if any) of the goods so [sold or as the case may be] can be inspected at the offices of the Plaintiffs’ Solicitors.] 7. The acts of the Defendant aforesaid are in the said circumstances calculated to lead and have led to the Defendant's said [goods or business] being confused with the Plaintiff's [goods or business] and to members of the public acquiring the [goods or services] of the Defendant in the belief that they are acquiring the [goods or services] of the Plaintiff. PARTICULARS Without prejudice to the generality of the foregoing the Plaintiff will rely on the following specific instances of confusion, that is to say (set them ou?’). 8. (State any facts (such as the inferior quality of the defendant's goods, which may arise because the plaintiff is the only person entitled to work a patented process which ‘gives superior results) that make the alleged confusion particularly damaging to the plaintiffs"). 9. In the premises the Defendant threatens and intends to continue the acts of passing off complained of. Without prejudice to the generality of the foregoing (set out any particular oral or written statements relied on as threats t0 continue passing off) 10. By reason of the aforesaid facts the Plaintiff has suffered damage. 11. (As in paragraph 8 of Form 11). AND the Plaintiff claims (continue with prayer for relief as in Form 3). (Conclude as in Form 11) For passing off actions see generally Paragraph 45 ante. For an indorsement on writ see Form 3 ante. For detailed statements of claim see Forms 19-24 post. As to the action being brought in the Chancery Division see Paragraph 55 ante, 2 As to pleadings see Paragraph 55 ante.156 LIBEL AND SLANDER: FORMS of them intend to publish the said or similar libels of the Plaintiff AND the Plaintiff claims: (1) damages; (2) an injunction to restrain the first and third named Defendants by their directors> or agents or servants or otherwise’ and the second named Defendant by himself his agents or servants or otherwise from further publishing the said or any similar libel upon the Plaintiff. (Conclude as in Form 32) ‘See Paragraph 6 ante. For an indorsement on writ see Form 15 ante, For the significance of these words see Paragraph 8 note 5 ante. See Form 32 notes 3, 5 ante. See Paragraph 11 ante. This formula is appropriate ifthe frst and third defendants are imited companies See Form 13 note 2 ante. aukene 38 STATEMENT OF CLAIM: libel on television; natural and ordinary meaning, alternatively innuendo, words having special meaning} (Heading as in Form 32) Between AB, Plaintiff and () CD. First Defendant | (2) J.K. Limited Second Defendant STATEMENT OF CLAIM 1. The Plaintiff is a clerk in holy orders and a well-known missionary. | 2. The first named Defendant is a comedian and the second named Defendant is a limited company [whose business is to transmit for general | reception wireless and television programmes or as the case may be]. One. 19... during the course of a television programme entitled Z .” the first named Defendant [falsely and maliciously?] published and | | | | the second named Defendant [falsely and maliciously} caused to be published of and concerning the Plaintiff [and of and concerning him in the way of his said profession and calling®] certain [defamatory‘] visual images and gestures, ji, By the said images and gestures in their natural and ordinary meaning and/or by way of innuendo the Defendants meant and were understood ts mean that the Plaintiff was a charlatan, that he had no religious knowledge and was unfit to act as a missionary’, PARTICULARS PURSUANT TO RSC ORDER 82, RULE 3 (1) (1) The Plaintiff repeats paragraph 1 hereof. (2) The said television programme depicted the Plaintiff as a blind man leading blind men. (3) The phrase “like the blind leading the blind” is widely understood to mean or signify stupidity and incompetence and/or a lack of discernment and understanding (or as the case may be)®, 5. By reason of the publication of the said images and gestures the Plaintiff has been gravely injured in his character, credit and reputation? as a clerk in holy orders and as a member of the Church of England and in his kLINTERLOCUTORY INJUNCIIONS it For publication by postcard or telegram see Paragraph 8 text and note 11 ante. See Form 32 note 4 ante. See Form 32 notes 3, 5 ante. Compare with Zenobio v Axtell (1795) 6 Term Rep 162 and Bemhardt v Abrahams 1912 SC 748. Zenobio v Axtell (supra); Bemhardt v Abrahams (supra). Huth v Huth [1915] 3 KB 32 at 39-40, CA, per LoRD READING CJ; Paragraph 8 note 11 ante, Presumably, automation will have to be considered in relation to the presumption of publication. 9 See Paragraph 8 ante. 10 The precise form for pleading the facts relied on is not prescribed; any clear statement is satisfactory. 11 Fullam v Newcastle Chronicle and Joumal Ltd [1977] 3 All ER 32 at 35-36, [1977] 1 WLR. 651 at 655, CA, per Lorp DENNING MR; Grappelli v Derek Block (Holdings) Ltd (1981] 2 AI ER 272 at 278, [1981] 1 WLR 822 at 830, CA, per DUNN, LJ. 12 Fullam v Newcastle Chronicle and Jounal Lid [1977] 3 All ER 32 at 39, and [1977] 1 WLR 651 at 657, CA, per SCARMAN LJ. For an alternative formula see Form 34 paragraphs 5 and notes 7, 8 post, which will be applicable equally to the paragraph alleging reference and the paragraph alleging innuendo meaning. 13 See Form 32 paragraph 5 ante. 14 It is not necessary to show special damage in a libel action, but if it has been suffered and it is alleged, it must be specifically pleaded. Without leave, no evidence of any special damage may be given at the trial unless that damage has already been specifically claimed, whether in the statement of claim or in subsequent pleadings: Hayward v Pullinger & Partners [1950] 1 All ER 581. The better practice is for particulars of facts relied on in support of aggravated damages to be pleaded; see Paragraph 13 note 5 ante. 15 Although, it is submitted, interest is not appropriate for an award of general damages (Form 32 note 16 ante), it may be appropriate for an award of special damages. 34 STATEMENT OF CLAIM: libel in newspaper; reference to plaintiff; innuendo! (Heading as in Form 32) Between AB. Plaintiff and (1) C.D. Limited First Defendant Q) JK. “Second Defendant (3) L.M. & Co (afirm) “Third Defendant STATEMENT OF CLAIM ~ 1. The Plaintiff is and was at all material times the Member of Parliament for the Melchester Division of the County of Wessex, and managing director of A. B. Limited, manufacturing engineers, carrying on business at (address). 2. The first named Defendant is the proprietor and publisher, the second named Defendant is the editor and the third named Defendant is the printer of “The Casterbridge Times”, a newspaper having a wide circulation throughout the said county. 43 On, the front page of the issue of the said ngwspaper dated . ., under the heading “Local MP supports X. Y the Defendants [falsely ia maliciously’] printed and published or caused to be printed and published of the Plaintiff [and of him in the way of his said offices and in relation to his conduct therein’] the following [defamatory‘] words: “In the course of his speech the Member for Melchester (meaning the Plaintiff) said that he wholeheartedly supported X. Y. in his campaign”.152 LIBEL AND SLANDER: FORMS 4. The said words referred and were understood to refer to the Plaintiff. PARTICULARS The Plaintiff is and was at all material times the Member of Parliament for the constituency of Melchester. 5. By the said words the Defendants meant and were understood to mean that the Plaintiff was a hypocrite and/or dishonest®. PARTICULARS PURSUANT TO RSC ORDER 82, RULE 3 (1) (1) The Plaintiff repeats paragraph 1 hereof, (2) Ina letter published on page 6 of the issue of the said newspaper dated vss) one X. Y. asked for support for a campaign to oppose the denationalisation of the steel industry. (3) At the annual general meeting of A. B. Limited on ......... 19... the Plaintiff stated that he was strongly in favour of denationalisation and would oppose the said campaign. (4) The Plaintiff's statement at the said annual general meeting was reported [in the issue of the said newspaper dated ......... on page 10 and in the following newspapers, namely (set out ewrpanes giving dates and page references and circulation areas?) or as the case may be]. (6) Either: The plaintiff will ask the Court to infer that the facts and matters set out in the particulars under paragraph 4 herein and in the particulars in 5.1., 5.2, and 5.3. above were [widely] known [to a substantial number of [unidentifiable] readers of the Defendants’ said newspaper]. Or: The said facts and matters were known to the following persons 8 6. The Plaintiff has in consequence been seriously injured in his character, credit and reputation? [and in the way of his said offices"9] and has been brought into public scandal, odium and contempt!#. ‘AND the Plaintiff claims against the Defendants and each of them damages. (Conclude as in Form 32) See Paragraph 6 ante. For an indorsement on writ in a case of this sort see Form 12 ante. For the significance of these words see Paragraph 8 note 5 ante; and see Form 32 notes 3, 5 ante. See Form 32 note 4 ante. See Form 32 notes 3, 5 ante. For another form see Form 32 paragraph 4 ante. See Paragraph 11 ante. It is emphasised that the particulars in this form are intended only as an illustration. The words in this example are defamatory only by virtue of an innuendo. For an example of pleading when the words are also defamatory in their natural and ordinary meaning, see Form 32 ante. Ifit is not clear whether the defumatory meaning is the natural and ordinary meaning or an innuendo, the formala in Form 38 post may be suitable. Compare Forms 36, 44 post. See Paragraph 11 ante. Fullam v Newcastle Chronicle and Joumal Ltd [1977] 3 All ER 32, [1977] 1 WLR 651, CA; Grappelli v Derek Block (Holdings) Ltd [1981] 2 All ER 272 at 278, [1981] 1 WLR 822 at 830, CA, per DUNN LJ. See Paragraph 11 text to notes 12, 13 ante. 9 See Form 32 paragraph 14 ante. 10 See Form 32 note 11 ante. 11 As to claiming special damage, see Form 33 notes 14, 15, 16 ante. ene } | 238 ACTIONS: FORMS 43 The representative capacity must be pleaded in the body of the form: Re Tottenham, Tottenham v ‘Tottenham {1896} 1 Ch 628. 4 For the principles of natural justice here transgressed see Vol 40 (1987 Issue) title TmRUNALS AND quiniss Paragraph to. 80 STATEMENT OF CLAIM for defamation, claiming exemplary damages’ (Heading as in Form 76) A.B. i Between Plaintiff and C.D., EF. Limited, G. H. Limited and J. K. Limited in Defendants STATEMENT OF CLAIM 1. The Plaintiff is a famous actor with an international reputation. 2. The first-named Defendant is the author, the second-named Defendants are the publishers and the third-named Defendants are the printers of a book entitled “Theatrical Scandals”. 3. The fourth-named Defendants carry on business as wholesale distributors and retail sellers of books including the said book. 4. In the said book the first-named Defendant falsely and maliciously wrote and published, the third-named Defendants falsely and maliciously printed and published, the second-named Defendants falsely and maliciously published, and the fourth-named Defendants falsely and maliciously dis- tributed and published of and concerning the Plaintiff: (i) at page [109] the following words: (set out vérbatim the words complained q (ii) at page [112] the following words: (continue, setting out all the passage complained of 4. The said words in their natural and ordinary meaning meant and were understood to mean that (continue, setting out the meaning relied on’). 5. By reason of the publication of the said words the Plaintiff has been seriously injured in his reputation and has been brought into public scandal, odium and contempt’. 6. The Plaintiff will rely on the following facts and matters to support his claim for exemplary damages*: (j) the article was published in a sensational manner; : Gi) the Defendants knew or [ought to or must] have known that the allegation ‘was untrue; i laintiff repeats paragraph 1 herein; (iv) the Court will be asked to infer that the Defendants published the said words (a) in the knowledge that they were libellous and/or with a reckless disregard as to whether or not they were libellous; and (b) having established that the prospect of material advantage to themselves by reason of their publication outweighed the prospect of material loss. 7. Unless restrained by this Honourable Court the Defendants will continue to publish the said words.PLEADINGS 239 Anp the Plaintiff claims: (1) against the Defendants and each of them: (i) compensatory damages*; Gi) exemplary damages; (iii) (claim for interest as in paragraph 6 Form 76); (2) an Injunction to restrain the first-named Defendant by himself his servants or agents or otherwise and the second-, third-, and fourth-named Defendants by their directors their servants or agents or otherwise from farther publishing or causing to be printed published or distributed the said book containing the words referred to in paragraph 4 herein or any similar words defamatory of the Plaintiff. (Conclude as in Form 75) = 1 This is a statement of claim for libel contained in a book. For particulars which must be pleaded in defamation actions, and as to claiming exemplary damages, sce Vol 25 (1990 Issue) ttle BEE. AND SLANDER Paragraphs 6-12 2 For the pleading of the ordinary meaning and innuendoes in defamation actions see Vol 25 (1990 Jssue) tile unex AND StaNDeR Paragraph 11 4 Tes not necessary to show special damage in a libel action, but if c has been suffered and is alleged, it must be specifically pleaded, with particulars: sce Hayward v Pullinger and Partners Ltd {1950} r All ER 361 4 This plea is based on Broome v Cassell & Co Lid {1972] AC 1027 at 1079, (1972] 1 All BR for at 831, HI and Maudling v Stott (1978) Times, 18 March, CA. A claim for exemplary damages must be specifically pleaded together with all che facts on which the party pleading relies: RSC Ord 18 r 8 @). 45 These include aggravated damages in appropriate cases 81 STATEMENT OF CLAIM for possession’ (Heading as in Form 73) STATEMENT OF CLAIM 1. The Plaintiff is the [freehold or leasehold] owner and is entitled to possession of the premises known as (address). 2. Bya lease made on ...,..... 19... between the Plaintiffand the Defendant, the Plaintiff demised the said premises to the Defendant for the term of years from ......... 19... at the rent of £...... a year. 3. The said term expired by effluxion of time on + 19... yet the Defendant has thereafter remained and now remains in occupation of the said premises as a trespasser therein. 4. On the said ......... 19... 7, the said rent was £.. particulars). 5. No part of the said premises consists of a dwelling-house. Anp the Plaintiff claims: (x) Possession of the said premises; (2) Loves. arrears of rent; (3) Mesne profits at the rate of {...... a year from ...... 19... until possession be delivered up’; (4) (Claim for interest as in paragraph 6 Form 76). . in arrears (give (Conclude as in Form 75)236 ACTIONS: FORMS 3 See Practice Direction (1974) 3 All ER. 976, [1974] 1 WLR. 1427. 44 These particulars should be summarised from the medical report, which must be annexed: RSC 4 18 r 12 (1A)(a). This action may be stayed ift is not: RSC Ord 18 r 12 (1B)(b). 5 Damages to motor-vehicles are in many cases covered by insurance and 2 “knock-for-knock agreement will usually apply. Otherwise the full cost of repairs should be claimed. 6 A statement of the special damages claimed (which means a full statement, not eg a promise to supply details ater) must be annexed to this statement of claim: RSC Ord 18 r 12 (1C). 7 For the pleading of convictions see the Civil Evidence Act 1968 s rx (17 Halsbury’s Statutes (4th Edn) svipeNce); RSC Ord 18 r 7A (1); Paragraph 70 ante. 8 le any social security benefits received as a result of the accident: see the Law Reform (Personal } Injuries) Act 1948 s 2 (1) (45 Halsbury's Statutes (4th Edn) ox). ‘ 9 le 5 years beginning with the accrual of the cause of action: ibid s 2 (1). See note 6 supra. \ STATEMENT OF CLAIM: misrepresentation' (Heading as in Form 76) STATEMENT OF CLAIM 1. The Defendant is and was at all material times a motor car dealer carrying on business at (address). 2. On......... 19..., at (address) aforesaid, the Defendant, in order to induce the Plaintiff to enter into a contract for the sale of a Bentley motor car, registration COW 123, orally represented to the Plaintiff that the said motor car had achieved a mileage of 20,000 miles and no more. 3. In reliance upon the Defendant's said representation the Plaintiff on dantsiens entered into a written contract with the Defendant for the sale of the said motor car, paid to the Defendant the sum of £32,000 as the purchase price of the said motor car and took delivery of the said motor car. 4. In fact the Defendant’s said representation was false in that the said motor car had achieved a mileage of not less than 60,000 miles. s. By reason of the Defendant's said misrepresentation the Plaintiff has suffered loss and damage’. PARTICULARS OF DAMAGE Difference in value between the said motor car as represented and as sold and delivered to the Plaintiff & 6. (Claim for interest as in paragraph 6 Form 76). Anp the Plaintiff claim: (1) Rescission of the said contract®; and (2) Return of the said sum of £32,004 and the said interest thereon. Alternatively (3) Damages® and the said interest thereon. (Conclude as in Form 75) 1 This claim would be based on the Misrepresentation Act 1967 38 1, 2 (2) (29 Halsbury’s Statutes (gth Edn) MISREPRESENTATION AND FRAUD). For the position ifthe action had for any reason to be formed as an action for negligent and/or innocent misrepresentation see note 2 infra. For other claims based ‘on misrepresentation see Vol 27 (1991 Issue) title MISREPRESENTATION AND FRAUD and Vol 29 (1991 Issue) title NEGLIGENCE. For statements of claim generally, see Paragraph 70 ante. 2 If the claim was pleaded as an action for negligent and/or innocent misrepresentation this paragraph. ‘would be: “The Defendant’ said representation was false and made negligently, whereby the PlaintifT has suffered loss and damage”, and separate particulars of falsity and particulars of negligence would have to be set out.