Often, when a dispute arises, those affected become emotionally involved in the subject matter of the dispute and by the time proceedings are issued in court, extensive correspondence has already been exchanged between the parties and their respective lawyers.  However, there was a warning to parties and practitioners in the recent of case of Brown and another (t/a Maple Hayes Hall School) v AB [2018] EWHC 623 (QB) when the court struck out a defence and ordered the defendant to file a new defence no longer than 25 pages in length.

In this case the claimants founded and ran a specialist school.  They brought a claim against the mother of a former pupil alleging that she had falsely and maliciously published statements regarding an incident in the dining hall at the school involving Ms Brown and the Defendant’s daughter.   Amongst other applications, the Claimants applied to strike out the defence on the basis it was so long and wordy it was incomprehensible.  Rather than striking out the Defence the Judge allowed the defendant to amend her defence but gave strict guidance on how it should be amended ordering that the fresh defence should be no longer than 25 pages in length, be printed on A4 paper and in not less than 11 point font and 1.5 line spacing.

The case is a good reminder of the rules which apply to statements of case contained both within the Civil Procedure Rules and the various Court Guides.  Such rules apply to smaller claims as well as the larger more complicated disputes involving complex multi-million pound litigation.  Where a judge considers that a statement of case is too long and is impenetrable its length and complexity will be frowned upon as a barrier to the clarification of issues and the offending party is likely to face costs penalties as a result.

If you are drafting statements of case consideration should be given to the guidance on the content and structure of such documents in the CPR and any applicable court guide.  A Dispute Resolution specialist can give you guidance not only on the format of such documents but on the overall strategy to be adopted to ensure that all of the evidence you have will be worked into the case at the appropriate juncture – which may or may not be when statements of case are filed.