What is a Statement of Claim?

A Statement of Claim is a document filed along with an Originating Claim—or in most cases, together with a Writ of Summons—by an individual or entity intending to sue another party. It sets out the background facts, the key allegations, and the relief or remedies being sought. A well-drafted Statement of Claim is essential to a successful litigation strategy, as it lays the foundation for the claimant’s case and informs the defendant of the case they are required to answer.

Essential Components of a Statement of Claim

A statement of claim typically consists of the following components:

1. The Identity of the Parties
2. The Background Facts of the Dispute
3. The Allegations and their Basis
4. What the Suing Party is Claiming for (Reliefs)

Importance of Accurate and Effective Drafting

An accurate and effectively drafted statement of claim is crucial to the success of civil proceedings. It enables the parties to understand the issues in dispute, narrows the scope of the litigation, and facilitates a fair and efficient trial. A poorly drafted statement of claim may lead to confusion, delays, and additional costs, potentially jeopardizing the suing party’s chances of success.