Thread by @LawyeredSouth

DRAFTING A HIGH COURT COMBINED SUMMONS WHERE THE CAUSE OF ACTION IS THE BREACH OF AN AGREEMENT (PART 1 - INTRODUCTION)

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1/ In the next several threads, we are going to step it up a notch and draft a combined summons together.

Not all combined summonses will look the same. There are so many different types of claims that can affect the way you formulate your particulars of claim.

2/ For EG, the POC in which a divorce is sought will differ to the particulars of a damages claim. In the threads to follow, we will be drafting a combined summons where the cause of action is based on the breach of an agreement.

3/ The relief sought will be the payment of an amount, together with interest and costs.

A combined summons consists of a summons and the annexed particulars of claim.

4/ Whereas in a simple summons, the brief particulars of the claim are set out in the summons itself, in the combined summons, the particulars of the claim are set out in much greater detail in the annexed pleading known as the particulars of claim.

5/ Considering the above, the summons itself will look slightly different to the simple summons.

As mentioned, we'll be issuing summons due to the breach of an agreement.

Facts: in terms of the agreement, our client would render services for the defendant at an agreed price.

6/ The defendant breached the agreement and due to said breach, R500,000.00 is due to our client. Due to the amount claimed, we will be in the High Court. Let’s go with Joburg this time.

7/ In the next thread, I will discuss the summons aspect of the combined summons after which I will show you how to draft the particulars of claim.

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