Do's and Don'ts to File a claim at Equa.Law
Checklist for Statement of Claim
Read the details and don't worry, the Case Managers will anyways help you, correct you.
Specify clearly and briefly the relationship between the parties.
Mention name and the address of the respondent and related parties correctly.
Mention the facts of the case, datewise.
State the precise damage sought by the party and the method of calculation of such damage.
Don't make criminal allegations as such cases can be decided through Arbitration or Mediation.
Exhibits containing the evidence that will be submitted for proving substantive issues including issues of liability, damage, trading activities and timelines should be annexed to the statement of claim.
Instead of attaching detailed documents for instance monthly statement and tax returns, it is more beneficial to attach a clear and concise summary of these documents.
Similarily for documents containing details of financial transactions, accounts and bills a chart or table explaining particulars of such documents should be attached. Additionally, any verification of these documents done by the experts in that field should also be attached.
Mention the remedial steps, if any, taken by you to mitigate the dispute.
Don't include your personal views and opinions.
This however does not mean that the party should adopt a ‘boilerplate template’ without customizing it to befit the facts and circumstances of the dispute.
The statement of claim should also specify the damage which the party seeks in a clear manner. The amount of damage should be precise and not approximate. The method of calculation of such damage should also be spelt out.
Further, the party should also request those documents of the adversary which would be essential for calculating such damages.
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