Parties:

1. [Insert name of Claimant]        Claimant

1. -and-

1. [Insert name of Defendant]        Defendant

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Particulars of claim

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1. 1. 1

      This is a claim pursuant to section 7(1)(a) of the Human Rights Act 1998 and/or in negligence.

   1. 2

      The Claimant was at all material times under the care of the Defendant, its employees or agents in respect of their personal care.

   1. 3

      At all material times the Defendant operated, managed and administered a residential care home known as [Insert care home name], situated at [Address] (‘the care home’).

   1. 4

      At all material times referred to below:

      1. 4.1

         the Claimant was under the care of the Defendant and the Defendant owed a direct non-delegable duty to the Claimant in respect of that care;

      1. 4.2

         the Defendant’s staff, agents and employees owed the Claimant a duty of care to care for them with reasonable professional care, competence and skill;

      1. 4.3

         the said staff, agents or employees had the care of the Claimant pursuant