Preparation of a Statement of Claim and Other Procedural Documents

SHOULD A CLIENT PREPARE A STATEMENT OF CLAIM WITHOUT AN ADVOCATE?

Yes, a client can use online templates to prepare a statement of claim at no cost. But will such a claim be accepted by the court?

And could the court ultimately refuse to satisfy the claims after considering the case?

Because many clients are unfamiliar with the specifics of an advocate’s work and the complexities of procedural law, preparing a statement of claim without professional legal assistance may jeopardize the entire case. Drafting the claim itself is preceded by careful and comprehensive preparation by the advocate.

WHAT DOES PREPARATION OF A STATEMENT OF CLAIM INVOLVE?

Drafting the statement of claim is the final stage of its preparation. The main part of the advocate’s work takes place before the document itself is written.

Since 2017, new procedural codes have been in force in Ukraine, including the Civil Procedure Code of Ukraine, the Commercial Procedure Code of Ukraine, and others. One important change is that all available evidence generally needs to be submitted together with the statement of claim. Submitting additional materials later may be difficult and require additional procedural steps by an advocate, while for a client attempting to handle the matter independently, it may prove particularly challenging.

At the preparation stage, it is necessary to determine:

1. What evidence needs to be submitted, and how can any missing materials be obtained?
2. What documents or information need to be requested through the court?
3. Does the client have sufficient evidence to substantiate the claims?
4. Does the case require advocate’s requests to be sent to institutions, enterprises, organizations, or other entities?
5. Are expert examinations required?
6. Which witnesses should be involved?
7. Has the procedural time limit for filing the claim expired? And other relevant issues.

Another important aspect of preparation is the analysis of current legislation. The advocate needs to verify whether the relevant laws and regulations have been amended recently. Preparing a claim based on provisions that are no longer in force may adversely affect the case and may result in the claims being dismissed. This is why relying on generic statement-of-claim templates can be risky.

The next stage of preparing a claim involves reviewing the case law of the European Court of Human Rights, analyzing Ukrainian judicial practice, and examining the legal positions of the Supreme Court. Since 2017, Ukraine’s procedural codes have required courts to take into account the Supreme Court’s legal positions concerning the application of particular rules of law. Referring to relevant Supreme Court case law in a statement of claim can therefore be important. An experienced advocate will take into account recent legislative developments and relevant judicial practice when preparing the claim, thereby strengthening the client’s legal position in the case.

Another important aspect of preparing a statement of claim is correctly identifying the proper defendant and properly formulating the claims. It is also necessary to choose an appropriate legal remedy. The Supreme Court has stated that choosing an inappropriate method of protection may constitute an independent ground for dismissing a claim (Resolution of the Grand Chamber of the Supreme Court dated 6 April 2021 in case No. 910/10011/19).

Thus, a client may be substantively correct in their arguments and demands, but if the claims are formulated incorrectly, this may negatively affect the court’s consideration of the case.

An important aspect for clients to understand is that court proceedings are based on the adversarial principle. The court is generally not required to collect evidence on behalf of the parties, except in cases provided by law, or to advocate for either party. Each party is responsible for presenting and substantiating its own position. If the case is lost, it may not be possible to bring the same claim before the court again.

Can a client effectively present and defend their position against the opposing party without professional legal assistance from an advocate? This is an important question to consider before commencing proceedings.

TIME REQUIRED TO PREPARE A STATEMENT OF CLAIM

If the limitation period is approaching its end, preparation and filing of the claim should not be delayed. Proper case analysis, preparation of supporting materials, and drafting of the statement of claim usually require at least several days and, depending on the complexity of the matter, may take several weeks.

It should also be taken into account that an advocate typically handles matters for several clients simultaneously and may have court hearings, business trips, previously scheduled cases, leave, or other professional commitments. Preparation of a statement of claim should therefore begin sufficiently in advance to allow the case materials to be reviewed carefully and the procedural documents to be prepared properly.

Therefore, do not postpone contacting an advocate. Proper preparation takes time, and in most cases a well-founded statement of claim cannot be prepared immediately.