Full name: Particulars of claim: contractual debt claim.

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION
COMMERCIAL COURT
BETWEEN:

Claim No. [NUMBER]

[FULL NAME OF
CLAIMANT]

(Claimant)

and
[FULL NAME OF
DEFENDANT]

(Defendant)

----------------------------------PARTICULARS OF
CLAIM
-----------------------------------

PARTIES
The Claimant [is and] was at all material times [SET OUT RELEVANT DETAILS OF AND
BACKGROUND TO THE CLAIMANT] and is engaged in [IF THE CLAIMANT HAS A
BUSINESS OR IS A COMPANY OR OTHER LEGAL ENTITY SET OUT THE NATURE
OF THE CLAIMANT'S BUSINESS]. [At all material times the Claimant acted through
[INTRODUCE ANY OTHER RELEVANT INDIVIDUALS OR ENTITIES INVOLVED
WITH THE CLAIMANT].]

The Defendant was at all material times [SET OUT RELEVANT DETAILS OF AND
BACKGROUND TO THE DEFENDANT] and is engaged in the [SET OUT THE NATURE
OF THE DEFENDANT'S BUSINESS AND INTRODUCE ANY OTHER RELEVANT
INDIVIDUALS OR ENTITIES INVOLVED WITH THE DEFENDANT].

THE CONTRACT
By a [contract OR agreement] [SPECIFY WHETHER ORAL OR IN WRITING AND, IF
ORAL, BETWEEN WHOM IT WAS MADE AND WHEN, WHERE, AND HOW] dated
[DATE] between the Claimant and the Defendant for the [SET OUT SUMMARY OF THE
SUBJECT MATTER OF CONTRACT], the Claimant agreed [SET OUT THE PROMISE]

and the Defendant agreed [SET OUT THE PROMISE TO PAY, FOR EXAMPLE:] to pay the
sum of [SPECIFY THE PRICE].

TERMS OF THE CONTRACT

The contract contained the following express terms:

1.1

[IDENTIFY EXPRESS TERM.]

1.2

[IDENTIFY EXPRESS TERM.]

[Further or alternatively,] the following [terms] [and] [conditions] were necessarily implied
into the contract [to give business efficacy to the agreement OR as a matter of custom] [and]
[to give effect to the necessary intentions of the parties] [and] [from the following facts or
matters]:

1.3

[IDENTIFY IMPLIED TERM.]

1.4

[IDENTIFY IMPLIED TERM.]

On a true construction of the contract, the Defendant was obliged to [STATE ANY
PARTICULAR CONSTRUCTION CONTENDED FOR].

CLAIMANT'S PERFORMANCE OF THE CONTRACT

[Pursuant to the contract, the Claimant OR The Claimant duly] [SET OUT DETAILS OF
THE CLAIMANT'S PERFORMANCE OF ITS CONTRACTUAL OBLIGATION] on
[DATE]. [The Claimant issued an invoice [NUMBER] to the Defendant dated [DATE].]

[WHERE ADDITIONAL CLAIM FOR SPECIFIC PERFORMANCE]

[The Claimant has complied with or alternatively is and was at all material times ready,
willing and able to comply with all its obligations under the contract.
OR
The Claimant remains willing and able to [SET OUT DETAILS OF THE
CLAIMANT'S CONTRACTUAL OBLIGATIONS].]

PAYMENT DUE DATE

Payment was due from the Defendant [on [DATE] OR [NUMBER] days from the date of the
invoice, namely by [DATE]].

DEFENDANT'S FAILURE TO PAY

[In breach of the contract,] the Defendant has failed to pay [the sum of [AMOUNT] or any
part of that sum OR all or any part of the price of the [SUBJECT MATTER]] by the due date
or at all. [Despite numerous requests for payment, oral and written [SET OUT DETAILS], the
Defendant has not paid the Claimant the [AMOUNT] or any part of it.]

[The Defendant therefore owes the Claimant the sum of [AMOUNT DUE] OR The
Claimant therefore claims the [outstanding] sum of [AMOUNT DUE] owed by the
Defendant to the Claimant.]

[BREACH OF CONTRACT]
[Further or alternatively, in breach of the contract the Defendant has [SET OUT DETAILS OF
THE DEFENDANT'S BREACH OF ITS OBLIGATIONS (ADDITIONAL TO ITS
FAILURE TO PAY) AND WHY THE CLAIMANT REQUIRES PERFORMANCE OF THE
CONTRACT] despite repeated requests by the Claimant to the Defendant to [SET OUT
DETAILS OF CLAIMANT'S REQUESTS FOR THE DEFENDANT TO COMPLY WITH
ITS OBLIGATIONS].]

[If the Claimant does not obtain an order for specific performance of the contract it will suffer
the following [additional] losses as a result of the Defendant's breach of contract:
PARTIC
ULARS
OF
LOSS
[SET OUT PARTICULARS OF LOSS AND DAMAGE IN FULL.]]

CLAIM FOR INTEREST

[Further, the Claimant claims contractual interest on the sum unpaid at the rate of
[PERCENTAGE]% from [PAYMENT DUE DATE UNDER CONTRACT] to the date of
issue of this claim [DATE] amounting to [AMOUNT OF INTEREST] and continuing at the
rate of [AMOUNT] per day until judgment or earlier payment [or alternatively the statutory
interest under section 35A of the Senior Courts Act 1981].
OR

Further, the Claimant claims interest [under section 35A of the Senior Courts Act
1981] on the sum unpaid at the [agreed] rate of [PERCENTAGE]% from [PAYMENT
DUE DATE] to the date of issue of this claim [DATE] amounting to [AMOUNT OF
INTEREST] and continuing at the rate of [AMOUNT] per day until judgment or
earlier payment [or alternatively at such rate as the court thinks fit].
OR
The Claimant and the Defendant were each acting in the course of their respective
businesses and it was an implied term of the contract, under section 1(1) of the Late
Payment of Commercial Debts (Interest) Act 1998, that any qualifying debt created
by the contract would carry statutory interest under that Act. The sum of [TOTAL
AMOUNT DUE] is a qualifying debt. The Claimant claims statutory interest [under
the Late Payment of Commercial Debts (Interest) Act 1998] at the rate of
[PERCENTAGE]% from [PAYMENT DUE DATE] to the date of issue of this claim
[DATE] amounting to [AMOUNT OF INTEREST] and continuing at the rate of
[AMOUNT] per day until judgment or earlier payment. The Claimant further claims
the sum of [AMOUNT] by way of compensation under section 5A of the Late
Payment of Commercial Debts (Interest) Act 1998.]
[STATE WHETHER THE CLAIMANT HAS COMPLIED WITH PARAGRAPHS 3 TO 12
OF THE PRACTICE DIRECTION ON PRE-ACTION CONDUCT AND PROTOCOLS, OR
ANY RELEVANT PROTOCOL. STATE ALSO ANY RELEVANT DETAILS ABOUT THE
DEFENDANT'S COMPLIANCE.]
AND THE CLAIMANT CLAIMS:
(1) The sum of [AMOUNT].
(2) [Contractual OR statutory] interest as set out at paragraph [14] above [OR REPEAT
PARAGRAPH 14 IN FULL].
(3) [Specific performance of the contract.]
(4) [Further or alternatively, damages for breach of contract [in addition to or in lieu of
specific performance or at common law].]
(5) [Interest on those damages under section 35A of the Senior Courts Act 1981 to be
assessed.]
(6) [Further or other relief.]
(7) Costs.

[
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STATEMENT OF TRUTH
[I believe OR The Claimant believes] that the facts stated in these Particulars of Claim are
true. [I am duly authorised by the Claimant to sign this statement.]

F
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[SCHEDULE 1]
------------Backsheet: please insert page break in Word document before printing------------

Claim
No.
[NUMB
ER]
IN THE
9

HIGH
COURT
OF
JUSTIC
E
QUEEN'
S
BENCH
DIVISI
ON
COMM
ERCIAL
COURT
BETWE
EN:
[FULL
NAME
OF
CLAIM
ANT]
(
C
l
a
i
m
a
n
t
)
a
n
d
[FULL
NAME
OF
DEFEN
DANT]

10

(
D
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e
n
d
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t
)
--------------------------------------PARTIC
ULARS
OF
CLAIM
---------------------------------------

[NAME
OF
CLAIM
ANT'S
SOLICIT
ORS]
[ADDRE
SS LINE
1]
[ADDRE
SS LINE
2]
[POSTC
ODE]
[PHONE
NUMBE
R]
Ref:
[REFER
ENCE]

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Solicitors
for the
Claimant

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