Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Particulars of claim definition

What does Particulars of claim mean? Particulars of claim set out, in writing, the facts relied on by the claimant to establish the cause of action and the remedy sought, so the defendant knows the case to answer. In England and Wales, they are a formal statement of case under the Civil Procedure Rules (CPR r 16.4 and PD 16). They must contain a concise statement of material facts, the relief claimed (damages, injunction, specific performance, etc), any claim for interest, and be verified by a statement of truth (CPR Part 22). They are served with the claim form or within 14 days...

Precedent: Particulars of Claim for Copyright Infringement (High Court IP List/IPEC, England and Wales)

Published by a LexisNexis IP expert

Precedents

Case No. [ insert number ]

IN THE HIGH COURT OF JUSTICE

BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES

intellectual property LIST (ChD)

[ INTELLECTUAL PROPERTY ENTERPRISE COURT ]

Between [ insert full name of claimant ] (the Claimant) and [ insert full name of defendant ] (the Defendant)

particulars of claim

The Claimant

The Claimant has, at all material times, been and remains [ insert details of claimant ]. The Claimant’s principal business activity is [ insert type of business carried out ]. In particular, the Claimant [ insert brief description of claimant’s business relating to the copyright work or works ].
The Claimant has, throughout all material times, owned and continues to own the copyright in the [ insert details of relevant work ] (the Work).
Pursuant to section 1 of the Copyright, Designs and Patents Act 1988, copyright subsists in the Work as a [ insert type of copyright work, for example original literary, dramatic, musical or artistic work ].

...

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