For small businesses, a well-drafted particulars of claim is often the difference between a swift resolution and a costly, drawn-out dispute. When contracts are breached—whether through late delivery, subpar goods, or services not performed as agreed—the particulars of claim is your formal statement to the court, setting out the facts, the breach, and the remedy you seek.

A particulars of claim must comply with the Civil Procedure Rules (CPR), especially CPR 16 and Practice Direction 16. This means you must provide a concise but detailed account of the contract, the breach, and the losses suffered. Courts expect clarity, precision, and supporting evidence—not just broad allegations.

Particulars of Claim Breach of Contract Template

Below is a technical template, suitable for use in the County Court. Adapt it to your facts and attach all referenced documents as exhibits.

IN THE [NAME] COUNTY COURT  
Claim No: [to be completed by the court]  
BETWEEN:  
[Claimant’s Name] (Claimant)  
and  
[Defendant’s Name] (Defendant)  

PARTICULARS OF CLAIM

1. The Claimant is a [type of business, e.g. “limited company”] with its registered office at [address].
2. By contract dated [date], the Claimant and Defendant agreed that the Defendant would [describe goods/services], to be delivered/performed by [date], for the sum of £[amount]. A copy of the contract is attached as Exhibit 1.
3. The contract required that [set out key terms, e.g. “the brochures would be delivered by 10th October 2025 and conform to the print specification attached as Schedule A”].
4. The Defendant breached the contract by [delivering late/providing substandard goods/failing to perform], as evidenced by [delivery note, correspondence, photographs, etc.]. The goods were delivered on [date] and did not meet the agreed specification, as set out in Exhibit 2.
5. As a result of the Defendant’s breach, the Claimant has suffered loss and damage, namely:
   a. The cost of replacement goods/services: £[amount], supported by invoice at Exhibit 3.
   b. Additional delivery charges: £[amount], see Exhibit 4.
   c. [Any other direct or consequential losses, with evidence].
6. The Claimant took reasonable steps to mitigate its losses by [describe actions taken, e.g. “commissioning a replacement print run at the earliest opportunity”].
7. The Claimant claims:
   a. Damages in the sum of £[total amount];
   b. Interest pursuant to s.69 County Courts Act 1984 at [rate]% from [date]

Understanding the Legal Framework

The particulars of claim is not just a narrative; it is a technical document. You must identify the parties, describe how and when the contract was formed, and specify the contractual terms that were breached. If the dispute concerns late delivery, for example, you should reference the agreed delivery date and provide evidence of when the goods or services actually arrived. If the issue is quality, describe the standard agreed and how the goods or services fell short.

Causation is a key concept. You must show that the breach caused your loss, not just that a breach occurred. As established in Banque Keyser Ullman SA v. Skandia (UK) Insurance Co. Ltd. [1990] 1 QB 665, causation can be established even where there are multiple contributing factors, provided the breach is an effective cause of the loss.

Strategic Framing: Anticipating Counter-Arguments

When drafting your claim, think like your opponent. Rival businesses with legal representation will scrutinise your particulars for gaps, inconsistencies, or unsupported assertions. Address potential weaknesses up front. If you accepted late goods but incurred extra costs, explain why acceptance was necessary and quantify the additional expense. If you delayed in complaining, set out the reasons and provide evidence of prompt action once the issue was discovered.

Mitigation is another technical requirement. The law expects you to take reasonable steps to minimise your losses. If you could have sourced replacement goods more cheaply, the court may reduce your claim. Be prepared to show that your response was reasonable and proportionate.

Technical Content: What to Include

Your particulars should contain:

• The full names and addresses of the parties.

• A clear description of the contract, including formation, terms, and relevant dates.

• A detailed account of the breach, with supporting evidence (contracts, emails, delivery notes).

• A breakdown of losses, with figures and documents to substantiate each item.

• The remedy sought, including damages, interest (usually under s.69 County Courts Act 1984), and costs.

• A statement of truth, signed and dated.

Avoid vague statements. Instead of “the goods were late,” specify: “The contract required delivery by 1st September 2025. The goods arrived on 15th September 2025, as evidenced by the delivery note attached as Exhibit 1.”

Practical Example: Applying the Principles

Imagine your business ordered 500 printed brochures for a product launch, with a contractual delivery date of 10th October 2025. The brochures arrived on 20th October and contained significant printing errors, rendering them unusable. You had to commission a rush reprint at extra cost and missed a key marketing opportunity.

In your particulars of claim, you would first set out the contract’s formation—attaching the signed order and correspondence confirming the delivery date and print specifications. You would then detail the breach: the late delivery and the substandard quality, referencing the relevant contractual terms. Next, you would explain the loss: the cost of the replacement print run, any additional delivery charges, and the quantifiable impact of the missed marketing event (such as lost sales, if provable). Each loss should be supported by invoices, emails, or other documentary evidence.

Common Mistakes and How to Avoid Them

A frequent error is failing to particularise the breach. Courts require specifics: when did the breach occur, what exactly was promised, and how did the defendant fall short? Another pitfall is over-claiming or including speculative losses. Only claim what you can evidence and justify. If you claim for lost profits, be prepared to show how these were calculated and why they were a foreseeable consequence of the breach.

It’s also common to overlook the need for mitigation. If you did not act promptly to limit your losses, the court may reduce your award. Always explain what steps you took to remedy the situation and why those steps were reasonable.

Anticipating and Countering Defences

Defendants often argue that no contract existed, that the goods or services met the agreed standard, or that you accepted the goods without complaint. They may also allege that your losses were exaggerated or could have been avoided. To counter these, attach clear evidence of the contract, document your complaints and responses, and provide a logical, well-supported calculation of your losses.

If the defendant raises limitation (the claim is out of time), be ready to show when the breach occurred and when you first became aware of it. The standard limitation period for contract claims is six years from the date of breach.

Caira can help. Chat to her now.

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