Particulars of claim: telling your story to the court

The detailed facts of your dispute, written clearly and filed with the court. Your one chance to explain what happened before the judge hears evidence.

Can I write the particulars in my own words, or must I follow a strict format?

Civil Procedure Rules Part 16 sets out what a statement of case must contain, but the rules are flexible on language and structure. The court is more concerned with clarity than formality. As long as you clearly state what the defendant did (or failed to do), when, where, how much loss resulted and how you calculated it, you satisfy the rules. Numbered paragraphs, short sentences and a logical timeline all help — but flowery language or excessive legal jargon will not improve your case.

What if the defendant claims they were not served with the claim form?

Service is critical. You must prove the defendant received the claim form before particulars can be filed. If service is disputed, the court will hold a separate hearing to rule on it before the main case can proceed. Keep proof of posting, recorded delivery receipts, or emails confirming opening. If service fails, you can re-serve by a different route — email, personal delivery, or even social media in exceptional cases — but only with court permission.

Can I include photographs, emails or invoices in my particulars?

Photographs, emails and invoices are evidence, not part of the particulars themselves. You set out the facts in the particulars (for example, "the kitchen tiles were cracked on delivery, as shown in photograph 1") and then file the evidence separately as exhibits or a bundle of documents. Keep your particulars to facts and legal issues; let your exhibits speak for themselves.

What if my contract was verbal, not written?

Verbal contracts are enforceable, but you must prove the terms clearly. In your particulars, describe who said what, when and where, any witnesses, and what conduct by both sides shows the contract existed and what its terms were. For example: "On 15 May 2025, the defendant verbally agreed to decorate my hallway for £2,500, to be completed by 30 May. The defendant began work on 16 May and abandoned the job on 20 May. Text messages from the defendant on 16 May [exhibit A] refer to the agreement." Vocal contracts are harder to prove but not impossible — consistent emails or messages afterwards, partial performance, payment, or witnesses can all help.

Do I have to plead every single detail of the breach?

No. The particulars must give the defendant fair notice of the case against them — the key facts and the legal cause of action. You do not need to plead every trivial detail; that is what evidence at trial covers. If you have 50 instances of late delivery, you do not need to list all 50 in the particulars; "the defendant delivered the goods late on the following dates [list key examples]" is sufficient. Overdoing it makes your particulars harder to follow and can anger the judge.

What is the difference between breaching a contract and being negligent?

Breach of contract is a failure to do what the contract required. Negligence is failing to take reasonable care where you owe a duty of care — even without a written contract. For a builder who falls off your roof and damages your house, that is negligence (they owe you a duty of care in law). For a builder who was hired to fix your roof but used the wrong tiles, that is breach of contract (the contract required the right tiles). Some cases involve both — pleading both is fine and hedges your bets.

How do I calculate damages for defective work?

Damages for defective work are usually the cost of repair or replacement. If the defendant painted your living room a wrong colour, the cost to repaint it correctly is your loss. If they installed faulty software that cost £5,000 to replace with a working system, you can claim £5,000. Get quotes from alternative suppliers or tradespeople to prove the repair cost. If the defect is minor, the court may reduce your claim to the diminished value rather than full replacement cost.

Can I claim interest on my loss if the defendant delayed payment?

If the contract provides for interest on late payment, you can claim it in the particulars. Most business contracts carry interest clauses. If there is no contract clause, statutory interest of 8% per annum applies to late payment of a liquidated sum (a sum that is fixed, like an invoice) under the Late Payment of Commercial Debts (Interest) Act 1998. For consumer contracts the rules differ — state in your particulars which interest applies and calculate it precisely.

Particulars of Claim

Particulars of claim: telling your story to the court

Reading time: 8 minutes

Particulars of claim are the facts you rely on to win your small claims case. You set out what the other side did or failed to do, when, where, why and how much loss resulted. They form part of the claim form (on page 2 of Form N1) or are filed separately after the claim form, usually within 14 days. The other side must receive a copy.

Civil Procedure Rules, Part 16

Form N1 (Claim Form)

Make a court claim for money

Why particulars of claim matter

The particulars serve two purposes. First, they give the defendant fair notice of your case — they must know what you are claiming and why before they can file a defence. Second, they help the judge understand the dispute before evidence and arguments at the hearing.

Poorly drafted particulars can harm your claim. If they are vague, disorganised or missing key facts, the court or the other side may ask you to amend them. Worse, the judge may find it hard to follow your case at trial and rule against you on the grounds that you have not proven what you claim.

Clear, honest, numbered particulars — that set out the facts in logical order and link each fact to the loss claimed — show professionalism and make the judge's job easier. Judges notice.

. When did you and the defendant enter into a contract or relationship? What were the terms? How did the defendant breach the contract or owe you a duty of care? Set this out factually, without argument — leave the legal labels for now.

breach or negligence

. What exactly did the defendant do or fail to do? Be specific: dates, places, names, quantities. For example, not "the goods were faulty" but "the printer the defendant sold me on 22 April 2025 jammed on the first use and has never worked since." For ongoing breaches (late deliveries over months), you can group them: "the defendant failed to deliver on time on the following dates: 3 May, 10 May, 17 May, 24 May and 31 May 2025."

your loss and how you calculated it

. If the defendant breached a contract to paint your room for £3,000 and abandoned the job, the loss is: (a) £3,000 you paid for work not done, and (b) £4,500 you had to pay another painter to finish it (get a quote). Total: £7,500. Set out the sums clearly. Judges and court staff will check your arithmetic.

what you want from the court

. Money? A specific order (for example, that the defendant complete work)? Interest? Cost? State it plainly: "The claimant claims £7,500 plus interest at 8% per annum from 30 April 2025 until payment, plus court costs of £245."

How to structure them

Use numbered paragraphs.

Start at 1 and number each sentence or short point. This makes it easy for the defendant, the judge and court staff to refer to specific parts ("I disagree with paragraph 7"). Courts expect numbered particulars.

One fact per paragraph (mostly).

Keep paragraphs short — 2–4 sentences is ideal. "On 15 May 2025, the defendant agreed to decorate my kitchen for £5,000. The work was to be completed by 30 May. On 30 May, the defendant had completed only 40% of the work. On 5 June, the defendant stated he would not return."

Lay out events in order. Judges follow stories, not random fact dumps. Start with how the contract was formed, move through breaches, end with your loss.

Be plain, not legal.

You are writing for a judge, not a law student. Say "the goods were broken" not "the goods were not fit for purpose within the meaning of the Sale of Goods Act 1979." You can cite the law later if needed — focus on facts now.

Breach of contract claim — faulty goods

On 10 February 2025, the claimant ordered a water heater from the defendant for £2,800 (invoice DEF-4521, exhibit A).

The defendant confirmed delivery for 17 February 2025.

The water heater was delivered on 17 February 2025. On that day, the claimant's plumber (John Brown) connected it and ran a test. The heating element failed immediately, and no hot water was produced.

The claimant notified the defendant of the fault on 17 February 2025 by email (exhibit B). The defendant did not respond for three days.

On 20 February 2025, the defendant agreed to replace the unit but demanded the claimant pay £150 for a replacement part — a cost not in the contract. The claimant refused (email, exhibit C).

As at the date of this claim, the defendant has neither fixed nor replaced the unit. The claimant has been without hot water for 129 days (17 February to 25 June 2025).

The claimant had to pay John Brown £600 to manually heat water using a secondary boiler (invoice, exhibit D). The claimant also claims the cost of the unusable water heater: £2,800.

The claimant claims £3,400 (£2,800 + £600) plus interest.

Common mistakes to avoid

Particulars and legal claims

The particulars should make clear which legal ground you are relying on — breach of contract, negligence, misrepresentation, or something else. You do not need to use formal legal language, but you must make the legal basis clear.

For breach of contract, state the contract (oral or written), state the relevant term, and state how it was broken. For negligence, explain why the defendant owed you a duty of care and why they breached it by not taking reasonable care. The law tells you these elements are necessary; the particulars are your chance to show them.

If your claim is based on a written contract, attach a copy as an exhibit. If the contract is verbal, describe what was said, by whom, when and where, and what conduct afterwards shows the contract existed (for example, you both began performing).

How the defendant responds

Once served, the defendant has 14 days (or 28 days with an acknowledgment of service) to file a defence or admit your claim. In the defence, they will respond to each paragraph of your particulars — admitting some, denying others, or saying they have no knowledge. Read their defence carefully; if they admit something, you do not need to prove it.

If the defendant does not file a defence on time, you can ask for default judgment — the court finds in your favour without a hearing.

Amending particulars

If you spot an error or realise you have left something out, you can ask to amend the particulars. The court usually allows amendments if they do not prejudice the other side unfairly or cause delay. However, the later you amend, the harder it is to get permission. Serve an amended version as soon as you notice the mistake.

Draft particulars that get results

Start My Claim walks you through your contract, the breach, your loss — and writes clear particulars you can file today.