District Court Rules
Schedule: C - Forms in civil proceedings Form: 40A.03 Personal injuries counterclaim
S.I. No. 17 of 2014
40A.03
Personal injuries counterclaim
[to be appended to the personal injuries defence]
PERSONAL INJURIES COUNTERCLAIM Civil Liability and Courts Act 2004, section 12
STATEMENT OF COUNTERCLAIM
Schedule C
O.40A, r.7
[A personal injuries counterclaim must contain a statement entitled “Statement of Counterclaim” which must
The following is a suggested format in which the indorsement might be presented:
1. DESCRIPTION OF PARTIES
2. WRONG ALLEGED AGAINST THE CLAIMANT (OR AGAINST EACH CLAIMANT)
3. PARTICULARS OF THE ACTS OF THE CLAIMANT (OR OF EACH CLAIMANT) CONSTITUTING THE WRONG AND OF THE CIRCUMSTANCES RELATING TO THE COMMISSION OF THE WRONG
(Full particulars should be set out)
4. PARTICULARS OF EACH INSTANCE OF NEGLIGENCE BY THE CLAIMANT (OR BY EACH CLAIMANT)
(Full particulars should be set out)
5. PARTICULARS OF THE INJURIES TO THE RESPONDENT OCCASIONED BY THE WRONG OF THE CLAIMANT (OR OF EACH CLAIMANT)
6. RELIEFS CLAIMED BY THE RESPONDENT
7. The bringing of this personal injuries counterclaim requires to be authorised in accordance with *section 14 *section 17 *section 32 *section 36 *section 49
*rules under section 46(3) of the Personal Injuries Assessment Board Act 2003 and these personal injuries proceedings have been authorised by the Personal Injuries Assessment Board, under *section 14 *section 17 *section 32 *section 36
*section 49 *rules under section 46(3) by authorisation dated the .....day of ......20.... under reference number ........
Schedule
PARTICULARS OF ITEMS OF SPECIAL DAMAGE
[conclude as in Form 40.02]
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