Which document is NOT typically included in a 'statement of case'?

Which document is NOT typically included in a 'statement of case'?

• A. The claim form
• B. The particulars of claim
• C. The defence
• D. A witness statement of evidence to be used at trial

Answer: (D)

The main idea tested is what forms the pleadings or statement of case in civil proceedings. The statement of case includes the documents that set out the claimant’s claim and the defendant’s response: the claim form to start the proceedings, the particulars of claim with the details of the allegations, and the defence that replies to those allegations (often with any counterclaims). A witness statement of evidence to be used at trial is different—it’s evidence to be relied on at trial, not part of the pleading that defines the issues in the case. It is prepared and served separately from the statement of case and is used to prove the facts at trial rather than to set out the parties’ initial positions. So the document not typically included in a statement of case is the witness statement of evidence to be used at trial.