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Practice Notes County Court Procedure Practice Notes
3rd Edition Gerlis Digital Instant Download
Author(s): Gerlis
ISBN(s): 9781859413098, 1859413099
Edition: 3
File Details: PDF, 2.19 MB
Year: 2001
Language: english
CAVENDISH PRACTICE NOTES

County
Court
Procedure
THIRD EDITION

STEPHEN M GERLIS
DISTRICT JUDGE
BARNET COUNTY COURT

SERIES EDITOR
CM BRAND, SOLICITOR

CP
Cavendish
Publishing
Limited

London • Sydney
Third edition first published in Great Britain 2001 by Cavendish
Publishing Limited, The Glass House, Wharton Street, London
WC1X 9PX
Telephone: +44 (0)20 7278 8000 Facsimile: +44 (0)20 7278 8080
Email: [email protected]
Website: www.cavendishpublishing.com

© Gerlis, SM 2001
Second edition 1997

All rights reserved. No part of this publication may be

reproduced, stored in a retrieval system, or transmitted, in any
form or by any means, electronic, mechanical, photocopying,
recording, scanning or otherwise, except under the terms of the
Copyright Designs and Patents Act 1988 or under the terms of a
licence issued by the Copyright Licensing Agency, 90 Tottenham
Court Road, London W1P 9HE, UK, without the permission in
writing of the publisher.

Gerlis, SM
County court procedure – 3rd ed – (Practice notes series)
1 County courts – England 2 County courts – Wales
I Title
347.4'2'02

ISBN 1 85941 309 9

Printed and bound in Great Britain
Contents

1 Introduction to the Civil Procedure Rules 1

1.1 Design of the scheme 1

1.2 Transitional arrangements (Part 51 and PD) 1

1.3 The overriding objective 2

1.4 Proportionality 2

1.5 The ‘tracks’ 3

1.6 Case management 3

1.7 The Human Rights Act 1998 4

2 Personnel of the Court 5

2.1 General 5

2.2 Circuit judges 5

2.3 District judges 6

2.4 Deputy district judges 7

2.5 Court manager and ‘proper officer’; devolution to

administrative staff 7

2.6 Solicitors 8

2.7 Rights of audience 9

iv CAVENDISH PRACTICE NOTES

3 Pre-Action Protocols and ADR 11

3.1 Pre-action protocols 11

3.2 Alternative dispute resolution 17

4 General Procedure for Bringing a Claim 19

4.1 Choice of court 19

4.2 Statements of case (Part 16 ) 20

4.3 Statement of truth (Part 22) 21

4.4 The claim form 22

4.5 Contents of particulars of claim 24

4.6 Defamation 29

4.7 Specialist proceedings 29

4.8 Children and patients (Part 21) 29

4.9 Addresses and titles 30

4.10 Discontinuing a claim (Part 38) 31

5 Part 8 Alternative Procedure 33

5.1 General 33

5.2 Which matters are Part 8? 33

5.3 Contents of claim 35

5.4 The procedure 36

6 Service 39
6.1 General (Part 6) 39

6.2 Personal service (rule 6.4) 40

6.3 Service by the court 40

6.4 Service on companies 40

 CONTENTS v

6.5 Address for service (rule 6.5) 41

6.6 Deemed service (rule 6.7) 42

6.7 Service of the claim form 43

6.8 Children and patients (rule 6.6) 44

7 Responses to Claim 45
7.1 General 45

7.2 Options for the defendant 45

7.3 The acknowledgment of service 45

7.4 Default judgments 46

7.5 Admissions (Part 14) 48

7.6 Contents of defence 50

7.7 Reply (rule 16.7) 55

8 Part 20 Claims 57
8.1 General 57

8.2 Procedure Rules 57

8.3 Counterclaims (rules 20.4(2) and

20.5(1), (2) and (3)) 58

8.4 Counterclaims against a non-party 60

8.5 Contribution and indemnity 60

8.6 Other Part 20 claims 60

8.7 Applications for permission where the

counterclaim, or other Part 20 claim, is not
served with the defence 61

8.8 Case management under Part 20 (rule 20.13) 61

8.9 Default judgment in Part 20 claims (rule 20.11) 62

8.10 Practical implications 63

vi CAVENDISH PRACTICE NOTES

9 Summary Judgment and Disposal 65

9.1 Summary judgment (Part 24) 65

9.2 Summary disposal (rule 1.4(2)(c), 3PD1.1) 69

10 Case Management by the Court 73

10.1 General 73

10.2 Automatic transfer (rule 26.2) 74

10.3 Monitoring ‘milestone’ dates 74

10.4 Allocation (Part 26) 75

10.5 Allocation of possession proceedings 78

10.6 Disposal hearings 79

10.7 Sanctions 80

10.8 Group litigation orders (GLOs) 82

11 Small Claims Track (Part 27) 85

11.1 Scope of small claims track 85

11.2 Exemptions from small claims track (rule 27.2) 85

11.3 Directions 86

11.4 Summary judgment 87

11.5 Preliminary hearing 87

11.6 Conduct of the hearing 88

11.7 Evidence 88

11.8 Non-attendance at hearing 89

11.9 Setting judgment aside for non-attendance 90

11.10 Appeals 91

11.11 Costs 90
 CONTENTS vii

12 Fast Track (Part 28) 95

12.1 General 95

12.2 Allocation 95

12.3 Directions (rule 28.2(1)) 96

12.4 The listing questionnaire (rule 28.5) 97

12.5 Interlocutory hearings 98

12.6 The importance of keeping the trial date 98

12.7 Trial 98

12.8 Costs 99

12.9 Practical implications 99

13 Multi-Track 101
13.1 Venue 101

13.2 Steps on allocation 101

13.3 Directions 102

13.4 Case management conference (CMC) (29PD5) 102

13.5 Time for compliance 104

13.6 Preserving the trial date 104

13.7 Listing questionnaire 104

13.8 Pre-trial review (rule 29.7) 105

13.9 Listing directions 106

13.10 The trial 106

13.11 Costs 107

13.12 Practical implications 107

viii CAVENDISH PRACTICE NOTES

14 Interim Remedies (Part 25) 109

14.1 General 109

14.2 Scope of the remedy 109

14.3 Evidence 110

14.4 Interim remedies before the claim is issued 110

14.5 Interim payments 110

14.6 Freezing injunction (formerly Mareva injunction) 112

14.7 Search order (formerly Anton Piller order) 112

14.8 Cesser of interim injunctions 112

14.9 Security for costs 112

14.10 Practical implications 113

15 Applications 115
15.1 General 115

15.2 Procedure 115

15.3 Further information (rule 18) 117

15.4 Adding or substituting a party (rule 19) 117

15.5 Adding and substituting parties 118

15.6 Practical implications 119

16 Disclosure 121
16.1 General 121

16.2 Standard disclosure 121

16.3 Procedure for standard disclosure 122

16.4 The duty to search 123

16.5 Specific disclosure 123

 CONTENTS ix

16.6 Disclosure of documents referred to in

other documents 124

16.7 Inspection 124

16.8 Pre-proceedings disclosure 125

16.9 Disclosure against non-parties (rule 31.17) 125

16.10 Non-disclosure 126

16.11 Subsequent use of disclosed documents 126

16.12 Practical implications 126

17 Evidence 129
17.1 Court’s control of evidence 129

17.2 Hearsay evidence 129

17.3 Different types of evidence 131

17.4 Attendance of witnesses 133

17.5 Affidavits 134

17.6 Notices to admit facts and/or documents 134

17.7 Plans, photographs and models 134

17.8 Video 134

17.9 Practical implications 135

18 Experts and Assessors 137

18.1 General 137

18.2 Access to the court 137

18.3 Single expert 138

18.4 Form and content of reports 138

18.5 Questions to experts 139

18.6 Discussion between experts and agreement

of issues 141
x CAVENDISH PRACTICE NOTES

18.7 Non-disclosure 141

18.8 The court’s right to appoint assessors 141

18.9 Practical implications 141

19 Hearings and Judgment 143

19.1 Hearings (Part 39) 143

19.2 Judgments and orders (Part 40) 147

20 Offers to Settle and Payments into Court

(Part 36) 151
20.1 Definitions 151

20.2 General provisions 151

20.3 Form and content of a Part 36 offer 152

20.4 Notice of a Part 36 payment 152

20.5 Court to take account of offer made before

proceedings (rule 36.10) 153

20.6 Defence of tender 153

20.7 Acceptance of offer or payment 153

20.8 Costs and other consequences of acceptance 154

20.9 Deduction of benefits 155

20.10 Payment out of court (rule 36.16) 155

20.11 Practical implications 156

21 Costs 157
21.1 General 157

21.2 Definitions 157

21.3 Fees of counsel 160

21.4 Solicitor’s duty to notify client 160

 CONTENTS xi

21.5 Court’s discretion and circumstances to be

taken into account when exercising
discretion as to costs 161

21.6 Misconduct 163

21.7 Basis of assessment 164

21.8 Proportionality in relation to costs 165

21.9 Factors to be taken into account in deciding

the amount of costs 166

21.10 Fixed costs 167

21.11 Procedure for assessing costs 167

21.12 Legal aid and LSC funding 172

21.13 Litigants in person 173

21.14 Costs payable under a contract 174

21.15 Group litigation order 174

21.16 Conditional fee agreements (rule 48.9) 174

21.17 Small claims costs and fast track costs 175

21.18 Costs only litigation 176

21.19 Court fees 176

21.20 Appeals in assessment proceedings 177

21.21 Costs estimates 177

21.22 Practical implications 177

22 Appeals (Part 52) 179

22.1 General 179

22.2 Grounds for appeal 179

22.3 Routes of appeal 180

22.4 Practical implications 180

xii CAVENDISH PRACTICE NOTES

23 Enforcement 181
23.1 General 181

23.2 Enforcement of High Court judgments and orders 182

23.3 Enforcement of awards of tribunals 182

23.4 Enforcement of county court judgments in

the High Court 183

23.5 Oral examination 183

23.6 Execution against goods 184

23.7 Warrants of delivery 186

23.8 Warrant of possession 187

23.9 Attachment of earnings 187

23.10 Judgment summons 191

23.11 Garnishee proceedings 191

23.12 Charging orders 192

23.13 Receivers 195

23.14 Administration orders 195

23.15 Committal 195

23.16 Enforcement outside England and Wales 197

24 Appendix 199
24.1 N1 Part 7 claim form 199

24.2 N208 Part 8 claim form 201

24.3 N9B defence and counterclaim 203

24.4 N150 allocation questionnaire 205

24.5 N170 listing questionnaire 210

24.6 Form H costs estimate 214

24.7 County Court Fees Order 1999 (SI 1999/689) –

Schedule – Table of Fees 215
1 Introduction to the
Civil Procedure Rules

1.1 Design of the scheme

• The new arrangement consists of a set of Civil Procedure Rules
(CPR, referred to in this work thus: ‘rule 3.4’), a Schedule to the
Rules, Practice Directions (referred to in this book as, for example,
‘27PD3.4’) and new forms. The Rules themselves are divided into
Parts.
• Such old rules of the High Court and the County Court as still apply
are contained in a Schedule to the Rules.
• Except where otherwise provided, the new provisions replace the
existing rules in both the County Court and the High Court and
the Civil Division of the Court of Appeal. Regard should be had
to rule 2.1 as to what matters are covered under the new rules.
• Rules as to enforcement of judgment have not been changed.

1.2 Transitional arrangements (Part 51 and PD)

The new rules apply to all cases issued from 26 April 1999. If a case
which started before 26 April 1999 had not come to the court’s attention
by 25 April 2000, it will have been automatically stayed, unless a trial
date had been fixed for the case by that date or there was an outstanding
prognosis in a personal injury case, or it was a case concerning trusts.
An application for the stay to be lifted can be made, but, if granted,
it will be on terms that the case will continue under the CPR (51PD19).
The lifting of the stay will not be automatic and the court will look at
all the circumstances to see whether or not the case ought to be allowed
to continue.
2 CAVENDISH PRACTICE NOTES

1.3 The overriding objective

This applies to all cases as from 26 April 1999. Rule 1.1(1) states as
follows:
The Rules are a new procedural code with the overriding objective of
enabling the court to deal with cases justly.

1.3.1 Practical implications

Pre-26 April 1999 cases are not going to be of much assistance in

applications taking place now. Note Shikari v Malik (1999) The Times,
20 May, in which the Court of Appeal said that litigants whose actions
had commenced before the new rules came into force cannot rely on
the assumption that what had been tolerated in the past would be
tolerated in the future. A similar view was expressed by the Court of
Appeal in Biguzzi v Rank Leisure plc [1999] 1 WLR 1926. The Court
of Appeal also seems to be taking the view that even current cases may
not be of much help, as each case is likely to depend on its own
circumstances and the application of proportionality to that particular
case.

1.4 Proportionality
When exercising any power under the rules or interpreting the Rules,
the court must give effect to the overriding objective (rule 1.2) and
expect to be helped in this by the parties (rule 1.3).
In order to achieve the overriding objective as set out in rule 1.1
above, rule 1.1(2) states that this includes:
(a) ensuring that the parties are on an equal footing;
(b) saving expense;
(c) dealing with the case in ways which are proportionate –
(i) to the amount of money involved;
(ii) to the importance of the case;
(iii) to the complexity of the issues; and
(iv) to the financial position of each party;
(d) ensuring that it is dealt with expeditiously and fairly; and
(e) allotting to it an appropriate share of the court’s resources, while
taking into account the need to allot resources to other cases.
 INTRODUCTION TO THE CIVIL PROCEDURE RULES 3

1.4.1 Practical implications

Proportionality pervades all of the rules, but especially with regard to

costs and disclosure. Note that, as a result of sub-para (e) above,
proportionality is both a subjective and an objective test.

1.5 The ‘tracks’

A three tiered system has been introduced governed principally by
monetary value. By far the largest number of cases fall into the small
claims track, which, broadly, covers claims up to £5,000 (with the
exception of personal injuries and housing disrepair cases, where the
limit is £1,000) (see below, Chapter 11). The fast track deals with cases
between £5 and £15,000 where the time estimate is no longer than a day
(see below, Chapter 12) and the multi-track is for cases above that level
and any others which do not fall within the other two tracks (see below,
Chapter 13).
Cases can only be issued in the High Court if they have a value of
£15,000 or more (other than personal injuries, where the limit is
£50,000 or more) (see below, Chapter 4).

1.5.1 Practical implications

Nearly 90% of civil work falls into the small claims category, with only
about 4% falling into the multi-track.

1.6 Case management

Cases at all levels are now principally managed by the courts, not the
lawyers, with controlled timetables and trial dates fixed at an early stage
(see below, Chapter 10).
Rule 1.4 provides that case management will also be used to further
the overriding objective. This includes (rule 1.4(2)):
(a) encouraging the parties to co-operate with each other in the conduct
of the proceedings;
(b) identifying the issues at an early stage;
(c) deciding promptly which issues need full investigation and trial and
accordingly disposing summarily of the others;
(d) deciding the order in which issues are to be resolved;
4 CAVENDISH PRACTICE NOTES

(e) encouraging the parties to use an alternative dispute resolution

procedure if the court considers that appropriate and facilitating the
use of such procedure;
(f) helping the parties to settle the whole or part of the case;
(g) fixing timetables or otherwise controlling the progress of the case;
(h) considering whether the likely benefits of taking a particular step
justify the cost of taking it;
(i) dealing with as many aspects of the case as it can on the same occasion;
(j) dealing with the case without the parties needing to attend at court;
(k) making use of technology; and
(l) giving directions to ensure that the trial of a case proceeds quickly
and efficiently.

1.6.1 Practical implications

Practitioners will find the courts much more proactive in managing

cases. Although the courts may take account of agreed directions, they
are not bound to and will endeavour to ensure that cases come on for
hearing as soon as possible, with a careful eye kept on costs.

1.7 The Human Rights Act 1998

As of 2 October 2000, the Human Rights Act 1998 came into force.
This incorporates the European Convention on Human Rights into
the legislation of England and Wales. The courts, as ‘public authorities’,
will be required to give effect to the provisions of the Convention in
their deliberations. As the CPR were written with the Convention in
mind, it is not anticipated that there will be much that the Convention
can add to our existing practice and procedure. In any event, Lord Woolf
has twice warned against overuse of the Act – first when sitting as Master
of the Rolls in Daniels v Walker (2000) 19 Busy Solicitors Digest (BSD)
51 and then at a press conference after being sworn in as Lord Chief
Justice ((2000) 19 BSD 151). Areas which may be vulnerable, however,
to challenges under Art 6 of the ECHR (the right to a fair trial) may
include public hearings, sanctions and fees.
As for setting out a claim when seeking a remedy under the Human
Rights Act, see 16PD16.
2 Personnel of the
Court

2.1 General
The officers of the county court are the following: circuit judge and
district judge, comprising the judicial officers, and court manager
(formerly known as the ‘chief clerk’) and staff who are the administrative
or court officers. In addition, part time judges, such as deputy district
judges, deputy circuit judges and recorders, may also preside.

2.2 Circuit judges

Circuit judges are assigned by s 5 of the County Courts Act 1984 to sit
in county courts. Section 37 of the 1984 Act, set out below, vests them
with their powers and gives them authority of jurisdiction:
37(1) Any jurisdiction and powers conferred by this or any other Act:
(a) on a county court; or
(b) on the judge of a county court;
may be exercised by any judge of the court.
(2) Subsection (1) applies to jurisdiction and power conferred on all
county courts or judges of county courts or on any particular
county court or the judge of any particular county court.
The judges also have a general ancillary jurisdiction as provided in s 38
of the 1984 Act, set out below:
38(1) Subject to what follows, in any proceedings in a county court
the court may make any order which could be made by the High
Court if the proceedings were in the High Court.
6 CAVENDISH PRACTICE NOTES

(2) Any order made by a county court may be –

(a) absolute or conditional;
(b) final or interlocutory.
(3) A county court shall not have power –
(a) to order freezing or search orders [see below, Chapter 14]; or
(b) to make any order of a prescribed kind. [However, there is
an exception in the case of the Business List in the Central
London County Court.]
The procedure in cases before judges is as prescribed by the rules made
pursuant to s 75 of the 1984 Act and the CPR 1998. Where no specific
procedure is provided by these rules, the general principles of practice
in the High Court may be adopted (s 76) by the circuit judge or district
judge. For proceedings under certain Acts, procedures may be prescribed
by special rules, for example, the Adoption Rules 1984 (SI 1984/265).
The mode of address for circuit judges and recorders sitting in court
or in chambers is ‘Your Honour’; the correct method of describing
them in the lists is given in Practice Direction [1982] 1 WLR 101, CA.

2.3 District judges

District judges are appointed by the Lord Chancellor pursuant to s 6
of the 1984 Act and are addressed as ‘Sir’ or ‘Madam’. Their jurisdiction
according to the Practice Direction with the CPR is as follows:
A district judge may make an injunction in proceedings which he or she
otherwise has jurisdiction to hear. These include:
• Any claim allocated or allocatable to the small claims or fast track.
• Proceedings for the recovery of land.
• By consent of the parties – this includes making, varying and discharging
an injunction.
• Ancillary to a charging order.
• Ancillary to an order appointing a receiver by way of equitable
execution.
• Order restraining receipt of Crown debt (RSC Ord 77 r 16).
A district judge may not commit a person to prison where a statute
gives jurisdiction. Such statutes include s 23 of the Attachments of
Earnings Act 1971; s 14 of the Contempt of Court Act 1981 (various
contempts of court); ss 152–57 of the Housing Act 1996 (anti-social
 PERSONNEL OF THE COURT 7

behaviour); s 3 of the Protection from Harassment Act 1997; and Part IV

of the Family Law Act 1996 (domestic violence proceedings).
A district judge has jurisdiction to hear the following:
• any claim allocated to the small claims or the fast track;
• any claim treated as being allocated to the multi-track under r 8.9(c)
and Table 2 of the Practice Direction to Part 8. Mortgagees’ and
landlords’ claims for the recovery of land fall within this provision;
• the assessment of damages (‘disposal hearings’) without financial
limit;
• with the consent of the parties and the designated circuit judge (see
below, Chapter 13), any other matter.
The district judge will normally hear all applications in the course of
proceedings, whether made before or after judgment, unless the circuit
judge otherwise directs. Normally, such hearings will be in chambers
(see Part 23 of the CPR and below, Chapter 15).

2.4 Deputy district judges

Deputy district judges (appointed under s 8 of the 1984 Act) exercise
the full jurisdiction and powers of a district judge, except in relation to
applications under the Children Act 1989, where the Family Proceedings
(Allocation to Judiciary) Directions 1993 (as amended in 1994) restrict
them to hearing interlocutory matters (other than without notice
applications) and unopposed trials, and in relation to commitals under
Part IV of the Family Act 1996 or the Protection from Harassment Act
1997.
A deputy district judge may not (unlike a full district judge) exercise
the powers of a district judge when sitting in a court in a district to
which he is not appointed (contrast ss 6(5) and 8(1) of the 1984 Act).

2.5 Court manager and ‘proper officer’;

devolution to administrative staff
Section 75(3)(d) of the 1984 Act provides that the rules made thereunder
may prescribe cases in which:
(a) the jurisdiction or powers of a county court or the judge of a county
court may be exercised by a district judge or some other officer of
the court; or
(b) the jurisdiction or powers of the district judge of a county court may
be exercised by some other officer of the court.
8 CAVENDISH PRACTICE NOTES

The County Court Rules 1981 recognise that the court manager
performs most of the functions assigned by the former rules to the
district judge, except those of a purely judicial nature. Accordingly,
except in the judicial context, the term ‘district judge’ is replaced in
the 1981 Rules by ‘proper officer’, which is defined (Ord 1 r 3) as the
district judge or, in relation to any act of a formal or administrative
nature, the chief clerk or any other officer of the court acting on his
behalf. There is a saving for acts which are by statute the responsibility
of the district judge, such as the keeping of records under s 12 of the
1984 Act.
However, in some cases, the rules go beyond allowing officers of
the court to perform acts of a formal or administrative nature, particularly
with regard to the enforcement of judgments.

2.6 Solicitors
Solicitors advise and represent litigants before the court. providing a
channel of communication between the court and the parties to the
proceedings, as well as between the parties themselves. As for solicitors
signing statements of case, see below, Chapter 4; for service on solicitors,
see below, Chapter 6.

2.6.1 Change of solicitor

Rule 42.1(1) of the CPR 1998 applies where a party wants to change
his solicitor, either appointing another or acting in person. In all such
cases, the party concerned must file a Notice of Change, serving it on
every other party, including the previous solicitor, if there was one.
A form is provided by the Practice Direction. Note that a Notice is
required where a solicitor has been acting for an assisted person and the
legal aid certificate has been revoked or discharged, his retainer terminated
or the assisted person wishes someone else to act for them (42PD2.2).
Former solicitors are considered as continuing to act unless and until
the requisite Notice has been served or an order has been made under
rule 42.3(1), declaring that the solicitor has ceased to act. Such an order
can be made following an application by the solicitor and has to be
supported by evidence (rule 42.3(2)). There is no indication in the
Rules or Practice Directions as to what evidence is needed. However,
it would appear that such an application may be dealt with without the
need for a hearing, unless the matter is complex (Miller v Allied Sainif
(UK) Ltd (2000) The Times, 31 October, Ch D (Neuberger J)).
 PERSONNEL OF THE COURT 9

2.7 Rights of audience

Sections 27 and 28 of the Courts and Legal Services Act 1990 contain
a comprehensive code relating to rights of audience. None of s 28 and
only parts of s 27 has been brought into force, and they are reproduced
in The County Court Practice in the note to s 60 of the 1984 Act. Suitably
qualified and admitted solicitors and barristers have rights of audience
and the right to conduct litigation, as do the parties themselves.
Section 60(2) of the 1984 Act, in relation to county courts, provides
that, in actions brought by local authorities for possession of a house
and/or the recovery of rent or other sum claimed in respect of any
persons in occupation of such house, then, insofar as the proceedings
are heard by the district judge, any authorised officer of the authority
may address the district judge.
A Lord Chancellor’s Practice Direction, dated 27 January 1978, provides
that Fellows of the Institute of Legal Executives, employed in giving
assistance in the conduct of litigation to solicitors, may address the court
where those solicitors are acting in unopposed applications for an
adjournment, or to obtain judgment by consent (unless, notwithstanding
the consent, a question arises as to the applicant’s entitlement to the
judgment or its terms).
Solicitors’ clerks are allowed to address the district judge on applications
(s 27(2)(e) of the Courts and Legal Services Act 1990), and usually on
small claims, in chambers.
It has been held that unrepresented litigants are entitled to an assistant
in civil proceedings: R v Leicester City JJ ex p Barrow [1991] 3 All ER
935, on the understanding that the assistant is there to assist and not to
address the court (MacKenzie v MacKenzie [1970] 3 All ER 1034, CA).
A litigant in person is entitled to have the proper assistance of a friend
even if the hearing is in chambers (In Re H (A Minor) (Chambers Proceedings:
McKenzie Friend) (1997) The Times, 6 May, CA), except in family matters
(R v Bow County Court ex p Pelling (1999) NLD, 1 March, Div Ct).
Except in relation to the special rules applying to lay representatives in
small claims matters (see below, Chapter 11), an application for rights
of audience by a layperson on behalf of a litigant in person should only
be granted in exceptional circumstances (D v S (Rights of Audience)
(1997) The Times, 1 January).
As for representation by a lay representative or on behalf of a company
at a small claims hearing, see below, Chapter 11. The court may allow
an authorised employee of a company or corporation to address the
court.
3 Pre-Action Protocols
and ADR

3.1 Pre-action protocols

3.1.1 General

The introduction of pre-action protocols as part of the civil justice

reforms is a crucial element in the concept of quick and economic
justice. They provide for much of the work involved in preparing cases
to be done prior to the issue of proceedings, or ‘front-loaded’, as this
practice is otherwise known.
As yet, only two pre-action protocols exist, one for personal injuries
and the other for clinical disputes (formerly known as ‘medical negligence’).
Others are in the course of preparation.
Even if a protocol does not exist for the type of action in question,
the Practice Direction to the Rules on Protocols contains a form of
protocol to cover those matters:
In cases not covered by any approved protocol, the court will expect the
parties, in accordance with the overriding objective and the matters
referred to in rule 1.1(2)(a), (b) and (c), to act reasonably in exchanging
information and documents relevant to the claim and generally in trying
to avoid the necessity for the start of proceedings.

3.1.2 Personal injury protocol

The personal injury protocol is designed primarily for road traffic

accidents, tripping and slipping accidents and accidents at work that are
likely to be allocated to the fast track, because time is of the essence in
these cases (PD2.3). Industrial diseases are not included (notes of Guidance
2.2).
12 CAVENDISH PRACTICE NOTES

As for multi-track cases, the spirit if not the letter of the protocol is
to be followed, especially because of the ‘cards on the table’ approach
to litigation enshrined in the changes (PD 2.4).

3.1.3 Procedure

Letter of claim (for specimen, see Appendix A to Protocol) (PD3)

(a) Two copies to be sent to defendant ‘immediately sufficient information

is available to substantiate a realistic claim and before issues of quantum
are addressed in detail’ (PD3.1).
(b) Contents of letter of claim (PD3.2–3.5):
• clear summary of facts;
• indication of nature of injuries;
• indication of financial loss;
• request for details;
• sufficient information to enable defendant to commence
investigations and put a broad valuation on the risk.
After the defendant has made clear his position on liability, the claimant
must provide details of special damages as soon as possible (PD3.13).

Defendant’s response

(a) Defendant to reply and to identify insurer (if any) within 21 days
(PD3.6).
(b) Insurers must reply within three months, stating whether liability is
denied, and, if so, giving reasons for their denial of liability (PD3.7).
(c) Formal admissions will be binding in cases up to £15,000 (PD3.9).

The documents

If the defendant denies liability, this must be accompanied with documents

in the defendant’s possession that are ‘material’ to the issues (PD3.10).
A list of specimen documents is given in the protocol (Appendix B to
Protocol) (PD3.11).
Where the defendant admits primary liability but alleges contributory
negligence by the claimant, reasons and material documents must be
supplied. The claimant should reply to the allegation before proceedings
are issued (PD3.12).
 PRE-ACTION PROTOCOLS AND ADR 13

Instructing the expert

Before instructing an expert, the claimant must send to the defendant

a list of experts, and the defendant has 14 days to object to any or all of
them (PD3.14, 3.16). If they object only to some, the claimant should
use a mutually acceptable one (PD3.16). If there is objection to all of
them, then the claimant may instruct an expert of their own choice and
the claimant does not have to disclose the report prior to proceedings,
save where there is an admission (PD3.17).
If the defendant raises no objections, they lose the right to instruct
their own expert, unless the first party agrees, the court so directs or
the first party refuses to disclose the original of a report that has been
amended (PD3.18).
A draft letter of instruction is included with the protocol (specimen
letter of instruction to medical expert – Appendix C) (PD3.15).
Agreed questions may be sent to the expert (PD3.19). The cost of
the agreed expert’s report is borne by the instructing first party; the
costs of answering questions is borne by those asking them (PD3.20).
Note PD3.21:
Where the Defendant admits liability in whole or in part before proceedings
are issued, the medical report obtained by agreement should be disclosed
to the other party. The claimant should delay issuing proceedings for 21
days from disclosure of the report to enable the parties to consider whether
the claim is capable of settlement.
A Part 36 offer (see below, Chapter 20) can be made prior to the issue
of proceedings (PD3.21) (and see below, 3.1.5).

3.1.4 Stocktaking

Note PD2.14:
Where a claim is not resolved when the protocol has been followed, the
parties might wish to carry out a stock-take of the issues in dispute, and
the evidence that the court is likely to need to decide those issues, before
proceedings are started. Where the defendant is insured and the pre-action
steps have been conducted by the insurer, the insurer would normally be
expected to nominate solicitors to act in the proceedings and the claimant’s
solicitor is recommended to invite the insurer to nominate solicitors to
act in the proceedings and do so between 7 and 14 days before the intended
issue date.
14 CAVENDISH PRACTICE NOTES

3.1.5 Settling

Note PD2.13:
Parties and their legal representatives are encouraged to enter into discussions
and/or negotiations prior to starting proceedings. The protocol does not
specify when or how this might be done but parties should bear in mind
that the courts increasingly take the view that litigation should be a last
resort, and that claims should not be issued prematurely when a settlement
is in reasonable prospect.

3.1.6 Clinical disputes

Procedure

(a) Letter of claim (Appendix C1 to Protocol) (PD3.14–3.22):

• clear summary of the facts;
• main allegation of negligence;
• the patient’s injuries;
• financial losses in outline;
• chronology of events in more complex cases;
• reference to any relevant documents, plus copies, if they are not
in the defendant’s possession;
• offer to settle, if relevant.
(b) Defendants’ response (Appendix C2 to Protocol) (PD3.23–27):
• acknowledge within 14 days;
• reasoned answer within three months, with admission or part
admission or specific denial, together with documents relied on;
• response to offer to settle.

Experts

PD4.2 states: ‘It is recognised that in clinical negligence disputes the

parties and their advisers will require flexibility in their approach to
expert evidence.’
Expert opinions may be needed on breach of duty and causation;
on patient’s condition and prognosis; or to assist in valuing the claim.
 PRE-ACTION PROTOCOLS AND ADR 15

3.1.7 Compliance with the protocols

The standards set in protocols will be ‘the normal reasonable approach

to pre-action conduct’ (Introduction 1.4). The Practice Direction on
Protocols contains guidance as to compliance:
2.1 The Civil Procedure Rules enable the court to take into account
compliance or non-compliance with an applicable protocol when
giving directions for the management of proceedings (see rules 3.1(4)
and (5) and 3.9(e)) and when making orders for costs (see rule
44.3(5)(a)).
2.2 The court will expect all parties to have complied in substance with
the terms of an approved protocol.
2.3 If, in the opinion of the court, non-compliance has led to the
commencement of proceedings which might otherwise not have
needed to be commenced, or has led to costs being incurred in the
proceedings that might otherwise not have been incurred, the orders
the court may make include:
(1) an order that the party at fault pay the costs of the proceedings,
or part of those costs, of the other party or parties;
(2) an order that the party at fault pay those costs on an indemnity
basis;
(3) if the party at fault is a claimant in whose favour an order for the
payment of damages or some specified sum is subsequently made,
an order depriving that party of interest on such sum and in respect
of such period as may be specified, and/or awarding interest at a
lower rate than that at which interest would otherwise have been
awarded;
(4) if the party at fault is a defendant and an order for the payment
of damages or some specified sum is subsequently made in favour
of the claimant, an order awarding interest on such sum and in
respect of such period as may be specified at a higher rate, not
exceeding 10% above base rate (cf rule 36.21(2)), than the rate
at which interest would otherwise have been awarded.
2.4 The court will exercise its powers under paras 2.1 and 2.3 with the
object of placing the innocent party in no worse a position than he
would have been in if the protocol had been complied with.
16 CAVENDISH PRACTICE NOTES

As to non-compliance:
3.1 A claimant may be found to have failed to comply with a protocol
by, for example:
(a) not having provided sufficient information to the defendant; or
(b) not having followed the procedure required by the protocol to
be followed
(eg not having followed the medical expert instruction procedure
set out in the Personal Injury Protocol).
3.2 A defendant may be found to have failed to comply with a protocol
by, for example:
(a) not making a preliminary response to the letter of claim within
the time fixed for that purpose by the relevant protocol (21 days
under the Personal Injury Protocol, 14 days under the Clinical
Negligence Protocol);
(b) not making a full response within 3 months of the letter of claim,
as required by the relevant protocol; or
(c) not disclosing documents required to be disclosed by the relevant
protocol,

Practical implications

The court will expect parties to make every effort to settle cases, or at
least narrow issues prior to the issue of proceedings. Failure to do so
runs the risk of penalties, especially in costs, later on.
When it comes to assessment of costs, the costs rules also provide
in addition that, in deciding whether costs were reasonably incurred or
are proportionate, the court may take into account the efforts made, if
any, before and during the proceedings in order to try to resolve the
dispute (see below, Chapter 21). Both sides may make offers to settle
at the pre-proceedings stage, with consequent sanctions for failure to
accept if the case is unnecessarily prolonged.

3.1.8 Actions to recover costs

Where parties have agreed all matters pre-issue other than the question
of costs, rule 44.12A provides a mechanism for bringing proceedings
just to recover costs (see below, Chapter 21).
 PRE-ACTION PROTOCOLS AND ADR 17

3.2 Alternative dispute resolution

Rule 1. 4 of the CPR provides that the court must further the overriding
objective by actively managing cases. Active case management includes:
(2)(e) Encouraging the parties to use an alternative dispute resolution
procedure if the court considers that appropriate and facilitating
the use of such procedure ...
The court will do this by either setting up its own schemes, where the
budget permits (the Central London County Court has a fast track
(£5,000–£15,000) scheme) or by providing information as to where
such schemes are available. Rule 26.4(1) enables the court to stay the
proceedings for a month (or longer, if the parties agree) while such
alternative methods of settling the matter are explored; an invitation to
do this is in the Allocation Questionnaire (see below, Chapter 10).
Failure to take advantage of such schemes where they are available may
be condemned in costs. Financial assistance from the Legal Services
Commission is now available to cover mediation.

3.2.1 Practical implications

Apart from the Central London scheme (which is very much under-
used), the few alternative dispute resolution (ADR) schemes in existence
seem to be more geared to large commercial disputes, for which they
are more appropriate. Increased use of ADR for smaller claims will
depend upon the establishment of schemes tailored to that level of
dispute and the willingness of litigants to submit themselves to them.
This may be encouraged by costs implications and pressure by the courts
as part of their case management function.
4 General Procedure for
Bringing a Claim

4.1 Choice of court

The following must be issued in the High Court:
• any claim where the High Court has exclusive jurisdiction by statute
(these include a claim for damages or other remedy for libel or
slander);
• claims for habeas corpus and judicial review;
• claims needing to be heard in a High Court specialist list.
The following must be issued in a county court:
• personal injury claims where the claimant does not expect to recover
£50,000 or more;
• other claims where the claimant does not expect to recover £15,000
or more;
• any claim where the county court has exclusive jurisdiction by
statute.
Otherwise, a claim may be issued in either court, but, if the claimant
believes that it should be dealt with by a High Court judge by reason
of its value, complexity or general importance, it should be started in
that court.

4.1.1 Chancery business

Chancery business may be commenced in the High Court or the county

court, but the upper limit for Chancery business in the county court,
referred to in s 23 of the County Courts Act 1984 as ‘Equity Jurisdiction’,
remains at a maximum figure of value of the estate or trust of £30,000.
When the county court is used for Chancery business, the Claim Form
should be marked, at the top right hand corner, ‘Chancery business’.
20 CAVENDISH PRACTICE NOTES

4.1.2 Complex cases; special enactments

Regardless of value, claims may be started in the High Court if the

claimant believes that the claim should be dealt with by a High Court
judge by reason of complexity of facts, legal remedies or procedures
involved and/or importance to the public (7PD2.4).
Some enactments specifically require commencement in the High
Court or in a county court, when the claim must be issued in the court
which the enactment specifies.

4.2 Statements of case (Part 16)

‘Statement of case’ is the new term for a pleading and includes:
• the claim form (see below);
• particulars of claim, where these are not included in a claim form
(see below);
• the defence;
• a Part 20 claim;
• reply to the defence; and
• any further information given in relation to them voluntarily or by
court order.

4.2.1 Amending the statement of case

A statement of case which has not yet been served may always be amended,
and no permission is required (rule 17(1)). But note rule 17.2:
(1) If a party has amended his statement of case where permission of the
court was not required, the court may disallow the amendment.
(2) A party may apply to the court for an order under paragraph (1)
within 14 days of service of a copy of the amended statement of case
on him.
If an amendment is required after service, an application must be filed,
accompanied by the proposed amendment. The application may be
dealt with at a hearing, but not if the court considers that a hearing
would not be appropriate, or where the parties themselves agree that a
hearing is unnecessary, or simply agree the amendment, although this
would be subject to scrutiny by the court (rule 23.8 and 17PD1.1).
Any party who seeks permission will find that permission is given
subject to directions as to amendments made as to any other statements
 GENERAL PROCEDURE FOR BRINGING A CLAIM 21

of case, and as to service. A party applying for an amendment will usually

be responsible for the costs of and arising from the amendment. If a
statement of case is amended, the statement of truth should be re-verified
(17PD1.4). As to amendments made after a limitation period has expired,
rule 17.4 states that the court will allow amendments only if there is a
new claim arising out of the same facts. An amendment to correct the
name of a party after a genuine mistake is allowable, if the court permits,
under rule 17.4(3).

4.3 Statement of truth (Part 22)

This is a statement that the party putting forward a document believes
it to be true. Thew documents that must be included are:
• statement of case (formerly known as a ‘pleading’);
• the response to order for further information (which, by virtue of
rule 2.3(1), is a statement of case);
• a witness statement.
It must be signed by:
• the maker of the statement, if it is a witness statement;
• a party or litigation friend or legal representative (rule 22.1(6)).
Upon failure to provide a statement of truth, the claimant/defendant
cannot rely on the document as evidence of any of the matters set out
in it, and a statement of case not so verified may be struck out (22PD4).
The statement must be in the following form (22PD2):
I believe [or, as the case may be, ‘the claimant believes’] that the facts in
this [name of document being verified] are true.
If it is a witness statement which is being verified, the wording should
be:
I believe that the facts stated in this witness statement are true.
A false statement amounts to a contempt (rule 32.14), so practitioners
are advised that only those with direct knowledge of the facts should
actually sign the statement of truth, although the form of the statement
of truth does allow the signatory to say that ‘the claimant believes it to
be true’. Practitioners cannot sign a witness statement other than their
own.
Where a party is legally represented, and the legal representative
signs the document, it will be assumed that he explained to the client
beforehand the possible consequences if the statement turns out not to
22 CAVENDISH PRACTICE NOTES

be true (22PD3.8). Where a company or corporation is involved, the

statement should be signed by a person holding a senior position. In
the case of a partnership, a partner or person having control of the
business should sign (22PD3). For details of others who may sign the
statement of truth, such as insurers, managing agents, trustees, etc, see
22PD3.
Note that the cost of using an affidavit instead of a statement verified
under Part 22 can only be recovered if the rule or Practice Direction
requires an affidavit. The net result of this is that affidavits are now much
less likely to be used.

4.4 The claim form

Subject to an alternative procedure of limited application (Part 8 in the
CPR – see below, Chapter 5), all proceedings are now started in all
courts by a claim form, which may set out the particulars of claim in the
space provided on the form. A copy of the claim form appears in the
Appendix to this book (Chapter 24). If there is insufficient room on
the claim form to set out all the details of the claim, the claimant may
use a supplementary document called ‘particulars of claim’. If the claimant
intends to use particulars of claim, this must be stated on the claim form.
Note the provisions of rule 7.5:
• the particulars of claim must be served on the defendant within 14
days of the service of the claim form but, in any event, no later than
the last day for service of the claim form;
• within seven days of service of the particulars of claim, the claimant
must file a copy of the Particulars and a certificate of service (rule
6.10 makes provision for certificates of service).
The particulars of claim must, if not accompanying the claim form, be
served no later than the latest time for serving the Claim Form, that is,
within four months after the date of issue (rule 7.5(1)). Six months is
allowed for service out of the jurisdiction, wherever that may be (rule
7.5(3)). Application can be made to extend time for service if made
before the four months (or six months) has expired (rule7.6(2)), but any
application for an order to extend time for service ‘must be supported by
evidence’ (rule 7.6(4)). Where there is to be service out of the jurisdiction,
an endorsement is required (7PD 3.5).
 GENERAL PROCEDURE FOR BRINGING A CLAIM 23

The required contents of the claim form are apparent from the form
itself, Practice Form N1, and are given below. The claim form must:
• contain a concise statement of the nature of the claim;
• specify the remedy which the claimant seeks;
• in a money claim, state the value which the claimant places on the
claim; and
• contain such other matters as may be set out in a Practice Direction.

4.4.1 Practical implications

As with defences, which are dealt with below in Chapter 7, claims must
state in plain English what the dispute is all about. The old practice in
some cases, such as road traffic accident cases, of formulaic pleading
will no longer be tolerated if it does not explain in simple language
both to the court and the defendant what the claim is all about.
In a claim for money, the claim form must also specify the amount
of money claimed, or, if the claimant is unable to do so, he must state
in the claim form that he expects to recover:
• not more than £5,000;
• more than £5,000 but not more than £15,000; or
• more than £15,000.
Alternatively, the claimant may state that he does not know how much
he expects to recover.
In a claim which does not exceed £5,000 in value for, or which
includes a claim for, personal injury, the claimant must also state the
amount he expects to recover as general damages for pain, suffering and
loss of amenity. This is relevant on allocation of the claim to a track,
should it become defended. If the pain, suffering and loss of amenity
element of the claim exceeds £1,000, the claim will not be allocated
to the small claims track.
Similarly, in a claim which includes a claim by a tenant of residential
premises against his landlord where the tenant is seeking an order that
the landlord carry out repairs or other work to the premises, the claimant
must state whether the amount of damages he expects to recover for
this part of the claim, or any resulting damages claim, exceeds or does
not exceed £1,000. Again, if such a claim or resulting claim is expected
to exceed £1,000, it will not be allocated to the small claims track,
should it become defended.
24 CAVENDISH PRACTICE NOTES

4.4.2 Specified/unspecified claims

For the purposes of claims brought under the CPR, there is no longer
a distinction between ‘liquidated’ and ‘unliquidated’ claims. The
distinction now is between a claim for ‘a specified sum’ and a claim for
‘an unspecified sum’. The importance of the distinction is in how
admissions are dealt with (see below, Chapter 7), and also in connection
with the new rules for automatic transfer (see below, Chapter 10).
It is worth noting that a claimant is not bound to only make an
unspecified claim in cases where there has previously been an assessment,
for example, for personal injuries (‘damages not exceeding £X’) but
can elect to make a specified claim (‘damages in the sum of £X’) and
claim a default judgment (see below) for that sum.

4.5 Contents of particulars of claim

Note rule 16.4:
(1) Particulars of claim must include:
(a) a concise statement of the facts on which the claimant relies;
(b) if the claimant’s seeking interest, a statement to that effect and
the details set out in paragraph (2);
(c) if the claimant’s seeking aggravated damages or exemplary damages,
a statement to that effect and his grounds for claiming them;
(d) if the claimant is seeking provisional damages, a statement to that
effect and his grounds for claiming them; and
(e) such other matters as may be set out in a practice direction.
(2) If the claimant is seeking interest he must:
(a) state whether he is doing so –
(i) under the terms of a contract,
(ii) under an enactment and if so which, or
(iii) on some other basis and if so what that basis is; and
(b) if the claim is for a specified amount of money, state –
(i) the percentage rate at which interest is claimed,
(ii) the date from which it is claimed,
(iii) the date to which it is calculated, which must not be later
than the date on which the claim form is issued,
 GENERAL PROCEDURE FOR BRINGING A CLAIM 25

(iv) the total amount of interest claimed to the date of calculation,

and
(v) the daily rate at which interest accrues after that date.
Where a claim is made for an injunction or declaration in respect of or
relating to any land or the possession, occupation, use or enjoyment of
any land, the particulars of claim must:
• state whether or not the injunction or declaration relates to residential
premises; and
• identify the land by reference to a plan, where necessary.
Where a claim is brought to enforce a right to recover possession of goods,
the particulars of claim must contain a statement showing the value of
the goods.
Where a claim is based upon a written agreement:
• a copy of the contract or documents constituting the agreement
should be attached to or served with the particulars of claim and the
original(s) should be available at the hearing; and
• any general conditions of sale incorporated in the contract is or the
documents constituting the agreement are bulky this Practice Direction
is complied with by attaching or serving only the relevant parts of
the contract or documents).
Where a claim is based upon an oral agreement, the particulars of claim
should set out the contractual words used and state by whom, to whom,
when and where they were spoken.
Where a claim is based upon an agreement by conduct, the particulars
of claim must specify the conduct relied on and state by whom, when
and where the acts constituting the conduct were done.

4.5.1 Matters relied on which must be specifically set out

in the particulars of claim

Note the Practice Direction to Part 16:

A Claimant who wishes to rely on evidence:
(1) under Section 11 of the Civil Evidence Act 1968 of a conviction of
an offence, or
(2) under Section 12 of the above-mentioned Act of a finding or adjudication
of adultery or paternity, must include in his Particulars of Claim a
statement to that effect and give the following details:
26 CAVENDISH PRACTICE NOTES

(1) the type of conviction, finding or adjudication and its date,

(2) the Court or Court Martial which made the conviction, finding
or adjudication, and
(3) the issue in the claim to which it relates.
The Claimant must specifically set out the following matters in his
Particulars of Claim where he wishes to rely on them in support of his
claim:
(1) any allegation of fraud,
(2) the fact of any illegality,
(3) details of any misrepresentation,
(4) details of all breaches of trust,
(5) notice or knowledge of a fact,
(6) details of unsoundness or mind or undue influence,
(7) details of wilful default, and
(8) any facts relating to mitigation of loss or damage.
Any party may:
• refer in his statement of case to any point of law on which his claim
is based;
• give in his statement of case the name of any witness whom he
proposes to call; and
• attach to or serve with the statement of case a copy of any document
which he considers is necessary to his claim (including any expert’s
report, to be filed in accordance with Part 35).

4.5.2 Claims in respect of personal injuries (16PD4)

The Practice Direction to Part 16 provides that the Particulars must

contain:
(1) The Claimant’s date of birth, and
(2) Brief details of the Claimant’s personal injuries.
The claimant must attach to his particulars of claim a schedule of details
of any past and future expenses and losses which he claims (16PD4.2).
If the claimant is relying on the evidence of a medical practitioner, the
claimant must attach to or serve with his particulars of claim a report
 GENERAL PROCEDURE FOR BRINGING A CLAIM 27

from a medical practitioner about the personal injuries which he alleges

in his claim (16PD4.3).
In a provisional damages claim, the claimant must state in his particulars
of claim (16PD4.4):
(1) That he is seeking an award of provisional damages under either
Section 32A of the Supreme Court Act 1091 or Section 51 of the
County Courts Act 1984.
(2) That there is a chance that at some future time the Claimant will
develop some serious disease or suffer some serious deterioration in
his physical or mental condition.
(3) Specify the disease or type of deterioration in respect of which an
application may be made at a future date.
In a fatal accident claim, the claimant must state in his particulars of claim
(16PD5):
(1) that it is brought under the Fatal Accidents Act 1976,
(2) the dependants on whose behalf the claim is made,
(3) the date of birth of each dependant, and
(4) details of the nature of the dependency claim.
In a claim for recovery of land (see, also, below, Chapter 5), the particulars
of claim must (16PD6):
(1) Identify the land sought to be recovered.
(2) State whether the claim relates to residential premises.
(3) If the claim relates to residential premises, state whether the rateable
value of the premises on every day specified by Section 4(2) of the
Rent Act 1977 in relation to the premises exceeds the sum so specified
or whether the rent for the time being payable in respect of the
premises exceeds the sum specified in Section 4(4)(b) of the Act.
(4) Where the claim relates to residential premises and is for non-payment
of rent, state:
(a) the amount due at the start of the proceedings,
(b) details of all payments which have been missed,
(c) details of any history of late or under payment,
(d) any previous steps taken to recover the arrears of rent with full
details of any Court proceedings, and
Exploring the Variety of Random
Documents with Different Content
sweetened drinks containing lactic acid in doses of 45 to 75 grains
per day may be given between the meals, or at intervals if the calf is
sucking.
Laudanum in doses of 6 to 10 drops per day administered in rice
water, extract of opium, weak solutions of tannin, etc., are also of
value. Filliàtre has successfully used tar water in the first stages. The
solution consists of vegetable tar 6 drachms, boiling water 1 quart.
This solution is used tepid in the proportion of 1 part to 3 parts of
warm milk.
Decoctions of spiked purple loosestrife, willow bark, etc., are also
of great value in certain districts.
The drug which appears least dangerous, however, is that so often
successfully used in young children—viz., subnitrate of bismuth. It
can be given in doses of 30 to 45 grains per day, with lactic acid in
doses of 75 to 150 grains, according to the size of the patients. If the
animals are greatly exhausted and have been ill for some time there
is less chance of recovery, and under these circumstances Dr.
Lesage’s anti-colic serum might be used.
It gives excellent results in infants, and it has proved successful in
simple diarrhœa of calves.
 CHAPTER VII.
POISONING.

Accidental poisoning is frequent in domesticated animals. It may

present no visible lesions, and it is therefore very important to
recognise the symptoms which indicate the secret lesion.

POISONING DUE TO FOOD.

Under this title are included all forms of poisoning resulting from
the ingestion of bad fodder. Such expressions as “intestinal typhus”
and “typhic gastro-enteritis” only indicate a special stage in the
condition, which is never twice the same.
Causation. The most important changes in the food ingested do
not consist in a mere modification in its chemical composition, but in
the presence of various parasites which develop in grain and forage,
after moistening, or after abnormal fermentation in the interior of
the grains. These parasites are chiefly represented by fungi belonging
to the genus Mucor: Aspergillus or Penicillium; blight—Puccinia
graminis, Uredo linearis; smut—Tilletia caries, Ustilago segetum,
Ustilago maydis; yeasts of different kinds resulting from the
fermentation of brewers’ grains; and, finally, unrecognised microbes
which act by means of the poisons they secrete.
The symptoms are always very vague. At first the only marked
symptom is loss of appetite, accompanied by dryness of the mouth
and muzzle, depression and constipation. The animals never clearly
show signs of gastro-enteritis; nevertheless, the changes in general
health point very clearly to a digestive origin.
In cases of acute poisoning the symptoms develop rapidly. Torpor
becomes more marked, the movements of the heart tumultuous, and
the temperature rises to 105° Fahr. (40·5° C.), diminishing later until
death occurs.
In chronic forms of poisoning constipation is present at first, but is
soon followed by profuse, fœtid, blackish diarrhœa, sometimes
containing streaks of blood and accompanied by abdominal pain.
 In exceptional cases these digestive symptoms are amplified by the
presence of broncho-pneumonia, pleuro-pneumonia, nephritis, and
cystitis, as in poisoning by tannin and essential oils. These
complications are of infectious origin.
In young animals, like lambs and young pigs, still with their
mothers alimentary intoxication may also occur though the mothers
show no signs of illness. The passage of poisonous principles into the
milk cannot be disputed. Moussu has seen numerous cases of
alimentary intoxication in lambs whose dams were fed with
decomposed beet pulp, and in sucking pigs whose mothers had
received bad maize, turnips, etc.
Diagnosis. Careful examination of the substances with which the
animals are fed, and consideration of the history, prevent confusion
with ordinary poisoning. Anthrax as a cause can easily be eliminated.
The prognosis is grave, unless the practitioner is summoned
early.
The lesions are those of acute gastro-enteritis—congestion of the
mucous membrane, abomasum, and intestine, submucous
infiltration, shedding of the epithelium, which sometimes attains the
stage of ulceration, suffusion and intestinal or superficial
hæmorrhage, dilatation of the capillaries, etc.
The symptoms of poisoning are produced by the absorption of
toxic products, which pass from the intestine into the blood current.
Poisoning is frequently complicated by infection produced in a
similar manner.
Treatment. The first point is to change the food. This alone is
often sufficient to dispose of the digestive disturbance in a week or
two. In addition, mustard plasters may be applied, and purgatives,
stimulants and mucilaginous drinks may be given. Finally, diuretics
are useful in eliminating the toxic products accumulated in the
blood. They comprise general stimulants like wine, alcohol, tea,
coffee, etc. Subcutaneous or intravenous injection of physiological
salt solution is indicated.

POISONING BY CAUSTIC ALKALIES.

 The cause consists in the administration of insufficiently diluted
solutions of ammonia in cases of tympanites, or the ingestion of
quick-lime, used for disinfecting stables, by animals suffering from
depraved appetite.
The symptoms indicate injury to the anterior part of the
digestive tract. They consist in salivation, loss of appetite, colic,
indigestion, diarrhœa, and progressive loss of strength.
Diagnosis is only possible when the history is clear.
The prognosis is grave if the doses swallowed have been so large
as to cause severe burning of the mouth, œsophagus, rumen, etc. The
local lesions are grey and soft.
Treatment consists in immediately giving acidulated draughts
containing vinegar or 1, 2 or 3 per cent. of hydrochloric acid, and
emollient, mucilaginous drinks containing opium for the purpose of
calming the irritation.

POISONING BY CAUSTIC ACIDS.

Cases of this kind are rare. Gerlach described a case of poisoning

by straw which had been removed from sulphuric acid carboys.
Abadie saw a number of cases which were traced to the unskilful
treatment of two empirics.
The symptoms point to the existence of stomatitis, œsophagitis,
and gastro-enteritis. Death occurs rapidly, with a running-down
pulse. On post-mortem examination one discovers more or less deep
burning of the mucous membrane of the digestive tract.
The diagnosis is difficult in the absence of information.
The prognosis is grave.
Treatment comprises administration of alkaline draughts,
solutions of bicarbonate of soda, calcined magnesia, etc., and of
mucilaginous drinks containing opium, chalk, etc. This may produce
temporary relief.
Water mixed with whipped whites of eggs is also extremely
valuable, but it is often better to slaughter the animal as soon as the
condition is diagnosed.
 POISONING BY COMMON SALT.

This form of poisoning is rare in oxen on account of the large

quantity of salt which can be ingested without producing bad effects.
It is commonest in animals to which old brine has been given or
which have received rough salt containing toxic substances (sheep
and pigs). Beef, pork, or fish brine, four or five months old, is
especially dangerous because of the toxins it contains. Half a pint is a
fatal dose for a pig (Reynal). The symptoms include marked thirst,
vomiting and diarrhœa; at a later stage motor and nervous
disturbance appears, resulting from poisoning of the cerebro-spinal
system. Paralysis, epileptiform convulsions, trismus, coma and death
characterise extremely acute cases.
To the naked eye, the lesions are those of acute gastro-enteritis;
and, in many cases, of marked congestion of the brain and medulla
and of the mucous membrane of the bladder.
The treatment is prophylactic and hygienic. Old brine and salt of
doubtful purity should be avoided. The symptoms should be treated
by administering diuretics, preferably soda bicarbonate, which does
not irritate the kidney, and by giving mucilaginous drinks with
anodynes.

POISONING BY THE NITRATES OF POTASH AND SODA.

This form of poisoning has frequently been described as following

the ingestion of water used for washing sacks which have contained
chemical manures. Occasionally it results from the administration of
medicines containing excessive doses of nitrate of potash. The
symptoms vary in severity with the purity of the salt, with its nature,
and with the degree of concentration of the solution: nitrate of
potash is more dangerous than nitrate of soda.
The chief symptoms may be grouped as follows:—
Salivation, indigestion and tympanites, nausea, vomiting,
diarrhœa, and (especially) intense polyuria: the kidney may be
irritated to such a degree as to produce albuminuria and hæmaturia.
Intense dulness and general weakness precede death, which
sometimes occurs in four to twelve hours after the poison has been
taken.
The lesions are to be found in the digestive and urinary
apparatus. The kidneys are congested and hypertrophied, or present
changes indicating epithelial nephritis. The ureters and the bladder
may show similar lesions.
Treatment comprises removal of the cause, and the
administration of emollients, narcotics, and diffusible stimulants.

POISONING BY TARTAR EMETIC.

Tartar emetic is sometimes given for the purpose of favouring

secretion and restoring rumination; occasionally the proper dose is
exceeded and poisoning occurs. Given repeatedly, tartar emetic is apt
to accumulate in the deeper portions of the gastric compartments
and to produce general symptoms of super-purgation, and such local
symptoms as ulceration and even perforation of the walls of the
stomach, which in turn is followed by abscess formation in the
abdominal wall.
Diagnosis is easy. The prognosis is grave.
Treatment is confined to the administration of mucilaginous and
diuretic fluids. Tannin has been recommended.

POISONING BY ARSENIC.

Overdoses of Fowler’s solution produce rapidly fatal results, in

twenty-four to forty-eight hours. Lesions are little marked.
Arsenious acid acts like tartar emetic by accumulating and
producing local gastritis; it may also cause acute poisoning, being in
that case characterised by severe colic with tympanites, salivation,
and fœtid, sometimes blood-stained, diarrhœa. The urine becomes
albuminous, and remains scanty. Incomplete paralysis is sometimes
produced, and various forms of hæmorrhage result from changes in
the constituents of the blood.
 If the gastric compartments are perforated, an abscess may
develop in the abdominal wall. The lesions are those of acute
gastro-enteritis. The contents of the stomach exhales an odour
resembling garlic. The parenchymatous organs—the liver, kidney,
and heart—show fatty degeneration in chronic cases.
In prescribing arsenic, one should begin with small doses, which
can gradually be increased as the animal becomes accustomed to the
drug. Curative treatment consists in administering antidotes, such
as hydrated oxide of iron, sulphate of iron, and calcined magnesia.
Haubner described a form of chronic arsenical poisoning produced
in the neighbourhood of blast furnaces near Freiberg. Similar forms
of poisoning may perhaps occur in the neighbourhood of chemical
and smelting works in England.

PHOSPHORUS POISONING.

Though the chronic form is common in men, phosphorus

poisoning only occurs accidentally in animals through eating
phosphorus paste, used as a poison for rats, or as a consequence of
excessive doses given medicinally. Some cases have been described
by Maury.
The symptoms comprise salivation, loss of appetite, alliaceous
odour of the buccal cavity, arrest of intestinal peristalsis, indigestion,
colic, diarrhœa, exhaustion and death in a state of coma.
Albuminuria and icterus also occur.
The lesions are the same as those of arsenical poisoning—viz.,
stomatitis, pharyngitis, and gastro-enteritis. The specific changes
consist in fatty degeneration of the liver and kidneys, and the
peculiar odour resembling garlic exhaled by the flesh.
Death is a consequence of deoxygenation of the blood, which
appears black, and when spectroscopically examined reveals only the
lines of reduced hæmoglobin.
Treatment. Oil and milk dissolve phosphorus and render it more
easily assimilable; they should never be administered. Large doses
(up to six fluid ounces) of essence of turpentine have been
recommended. This prevents the phosphorus absorbing oxygen at
the expense of the blood. Saline purgatives assist in eliminating the
poison.

MERCURIAL POISONING.

Mercurial poisoning may result either from the administration of

medicines or from accident. Cases of the former kind follow the
internal use of sublimate or calomel. Doses of 2 to 2½ drams of
calomel, if repeated for a certain time, may prove toxic in the ox.
Accidental poisoning results from the use of mercurial ointment as a
parasiticide over large surfaces. Poisoning, however, rarely occurs
unless the animal is able to lick the parts. Some authors have tested
this point by freely applying mercurial ointment over parts likely to
absorb it readily, without having seen any bad effect.
Symptoms. Free salivation, the saliva gradually becoming fœtid
and blood-stained. The slight irritation of the buccal membrane first
seen is soon replaced by congestion of the gums, then by gingivitis
and periostitis, with local ulceration and hæmorrhage. The portion of
the gums surrounding the teeth becomes violet, and suppurative
alveolitis may follow.
As a consequence of disturbance in the digestive secretions
digestion ceases, defæcation becomes irregular, the fæces are often
hard and coated, and can only be passed with difficulty, though
sometimes there is profuse fœtid diarrhœa.
Respiration is difficult, jerky, or even dyspnœic, and is
accompanied by discharge from the nose and by expectoration. The
gait is irregular, and paralysis may follow. Finally the skin shows an
eruption resembling that of impetiginous eczema; vesico-pustules,
covered with yellowish crusts, appear over the entire surface of the
body.
Lesions. The lesions of hæmorrhagic gastro-enteritis are
sometimes accompanied by catarrhal tracheo-bronchitis, and even
intra-pulmonary hæmorrhage. The muscles are discoloured, appear
as though boiled, and are covered with ecchymoses. Blood effusions
occur beneath the eczematous crusts, but the rest of the skin is
anæmic.
 Treatment includes administration of raw eggs, or, better still, of
white of egg beaten up in water; the albumen in coagulating
imprisons the mercury. Failing these, other bodies, like flowers of
sulphur and iodide of potassium, which with mercurial salts form
soluble and harmless compounds, may be given. Chlorate of potash
has also been recommended.
Complications like stomatitis and gastro-enteritis are treated by
the usual methods.

LEAD POISONING: SATURNISM.

Lead poisoning is very rare, and seldom occurs except near camps
or factories. It then results from swallowing lead “spray” mixed with
the grass or from inhalation of lead vapour.
The symptoms comprise salivation, nausea, colic, obstinate
constipation, tympanites, and arrest of milk secretion. A peculiar
form of trembling affects the head; epileptiform convulsions,
amaurosis, and paralysis may also occur. General sensibility
diminishes, and death follows.
The disease may assume a chronic form, characterised by a blue
line around the gums, changes in the joints, albuminuria, and bodily
wasting.
The lesions are those of ulcerative stomatitis, anæmia of the
mucous membranes, and fatty degeneration of the epithelium. In the
chronic form the kidneys are atrophied.
Treatment consists in giving substances which form insoluble
compounds with lead. It comprises the administration of dilute
sulphuric acid, solutions of sodium sulphate or magnesia, milk, eggs,
and iodide of potassium.

COPPER POISONING.

This is a rare form of poisoning. It may follow ingestion of food

stored in copper vessels, licking of ointments containing copper salts,
or ingestion of vine leaves, or leaves of other plants which have been
sprayed with sulphate or acetate of copper to prevent “mildew.”
 The symptoms comprise vomiting of green-coloured material,
colic, diarrhœa, muscular weakness, and convulsions. The urine
contains dissolved albumen and hæmoglobin.
The lesions are those of acute enteritis and dilatation of the
stomach. The essential lesion consists in decomposition of the blood
with the formation of methæmoglobin. Nephritis and granular
degeneration of the muscles form secondary symptoms.
Treatment consists in administering raw eggs, albumen, milk,
mucilage, flowers of sulphur, or calcined magnesia.

CARBOLIC ACID POISONING.

Carbolic acid poisoning sometimes follows the use of carbolic acid

solutions in the form of injections, enemas, or baths.
Symptoms. Administered in over-doses or for too long a time,
carbolic acid produces stomatitis, œsophagitis and vomiting.
True poisoning is characterised by changes in the kidneys and
bladder; the urine becomes brown and turbid, and possesses a well-
marked carbolic odour, the animals suffer from severe trembling and
appear stupid, and coma and paralysis precede death.
The specific lesions consist in parenchymatous nephritis,
sometimes accompanied by renal hæmorrhage, cystitis and
hyperæmia of the lung and brain. The flesh has an odour of carbolic
acid, which renders it unfit for human consumption.
Treatment consists in giving stimulants and slight diuretics, such
as ether, alcohol, wine, coffee, saline sulphates, or Glauber’s salt. The
last named forms phenyl-sulphuric acid, which is not toxic. Olive,
rape, or linseed oil has been recommended. All these drugs are
useless if the kidney lesions have become too pronounced.

POISONING BY ALOES.

This form of poisoning is caused by administering over-doses of

aloes.
 Apart from the accidents possible in pregnant female animals,
large doses of aloes produce symptoms of super-purgation—profuse
diarrhœa, running down pulse, and nervous prostration.
The lesions are those of gastro-enteritis, the intestine being
empty, and its mucous membrane of red colour.
Treatment is confined to administering drugs like camphor, rice,
bismuth, opium, chloral, and emollients, which diminish peristalsis
and lessen secretion.

IODOFORM POISONING.

The causes are limited to the licking of wounds which have been
dressed with iodoform.
The symptoms include gastric disturbance, somnolence, coma,
and the signs of iodism.
The only lesions are those of fatty degeneration of the kidneys
and liver.
Treatment comprises the exhibition of vomitants, stimulants,
and diuretics.

IODINE POISONING: IODISM.

Death by iodine poisoning is absolutely exceptional: the

complications described under the name of iodism are rather to be
referred to saturation of the organism than to true poisoning.
The cause of iodism is unduly prolonged administration of iodide
of potassium, or of iodine in solution.
The symptoms include discharge from the eyes, coryza,
hypersecretion from all the mucous membranes, and gastric
disturbance. The cutaneous eruption exhibits special peculiarities,
including desquamation of the epidermis in the form of branlike
scales, and pruritus.
The first indications in treatment are to discontinue the drug and
to administer stimulants and nutrients like milk, cod liver oil, etc.
 STRYCHNINE POISONING.

Strychnine poisoning is most commonly due to over-doses of the

drug accidentally given during treatment.
The symptoms comprise tetanic convulsions, hyperæsthesia and
dyspnœa. As a result of muscular rigidity, the ribs cannot be moved,
and death by asphyxia follows.
Treatment comprises the use of anæsthetics, and the
administration of chloral hydrate, as long as the contractions
continue. Bromide of potassium, tobacco, tannin, etc., are also
useful.

The chief part of the botanical descriptions in the following list

have been extracted, by permission, from the Annual Report for 1898
of the United States Bureau of Animal Industry, p. 392. To Dr. D. E.
Salmon, who gave this permission, and who also kindly supplied the
blocks, the writer (Mr. Dollar) desires to express his very sincere
thanks. Considerable modifications have been made, and in the case
of the more important poisonous plants, details of symptoms and
treatment have been added.

LIST OF PLANTS POISONOUS TO STOCK.[2]

2. The names of plants proved beyond doubt to be poisonous to stock are

marked with an asterisk. The evidence in regard to the toxic properties of others is
not in every case entirely convincing, though there is good ground for strong
suspicion.

PERISPORACEÆ (ROT-MOULD FAMILY).

Aspergillus glaucus.—This is the common flocculent woolly

mould which sometimes develops to a dangerous extent on corn,
oats, and other food grains which have either been harvested before
full maturity or been stored in a damp place. The mouldy growth is
pure white at first, but changes with the ripening of the spores to
gray and then green. The spores are apparently the cause of the so-
called enzootic cerebritis, or “staggers,” of horses, which, during the
winter of 1898–99, was reported as having caused very heavy losses
in the southern portion of the United States. European investigators
have shown that the spores of this mould will grow within the living
body if they are introduced into the blood. Death is probably caused
by some poison which is simultaneously produced with the mould in
the body of the animal.

HYPOCREACEÆ (ERGOT FAMILY).

* Claviceps purpurea.—This, the most common species of

ergot, infests various species of native and cultivated grasses. It
sometimes causes great losses of stock.

POISONING BY ERGOT OF RYE: ERGOTISM.

Causation. This form of poisoning is due to the presence of ergot

in grain or forage.
Symptoms. The symptoms are seldom very marked. In mild
cases pregnant females may abort; grave cases are indicated by local
gangrene of the mucous membrane and gangrene of the extremities,
particularly in poultry, in consequence of the constrictive action of
the drug on the peripheral blood-vessels, on the vaso-motor centres,
and on unstriated muscular fibres.
Treatment. The use of chloral and morphine has been suggested
in this condition; but as the lesions when discovered are established
and permanent, this treatment seems illusory. More is to be expected
from preventive measures and the avoidance of ergotised food.

USTILAGINACEÆ (SMUT FAMILY).

Ustilago maydis.—The black powdery fungus known as corn

smut is common throughout the corn-producing districts of the
central United States, and is occasionally reported as being fatal to
stock. Experiments made in Wisconsin and elsewhere show that it is
not a very active poison when eaten in moderate quantity. When
given in gradually increasing amounts up to 2 lbs., no effect was
noted, but 4 lbs. on each of two successive days caused the sudden
death of one cow. Since corn smut has been shown to be less fatal
when wet, it seems probable that its physical and not its chemical
character may be responsible for the death of cattle which have eaten
it in considerable quantity.

Fig. 74.—Fly amanita (Amanita muscaria). a, Mature

plant; b, top view of cap showing corky, patches—both
one-half natural size.

POISONING BY SMUT OF BARLEY.

Causes. The presence of smut in straw, in millers’ grains, or in

damaged kiln-dried grains which have fraudulently been added to
grain sold for feeding, represents the principal source of this form of
poisoning.
The symptoms are very vague. There is indigestion, with a
tendency to nausea, and vomiting. Diarrhœa may be present: At a
later stage the heart and nervous system are affected. The gait
becomes hesitating, the animals show general dulness and spasm of
the pharynx; death, when occurring, is by cardiac or respiratory
syncope.
Treatment consists in giving an entire change of food, and
administering stimulants and purgatives.

AGARICACEÆ (MUSHROOM FAMILY).

Amanita muscaria.—The well-known fly amanita (fly fungus;

deadly amanita) may be found from spring to early winter in pine
forests throughout the United States. Cows are supposed to be killed
by eating it, and almost every year the daily papers chronicle the
death of several human beings who were led to eat the fungus
through mistake for some edible species. The fresh cap is frequently
rubbed up with milk and used to poison flies.

PHALLACEÆ (STINK-HORN FAMILY).

* Clathrus columnatus.—In an article published in the

Botanical Gazette (Vol. XV. p. 45), Dr. Farlow, of Harvard
University, gives an account of an investigation of a case of poisoning
in hogs which was caused by eating this peculiar fungus. It grows in
patches in oak woods and openings, and is quite common
throughout the Southern States.

POLYPODIACEÆ (FERN FAMILY).

Pteris aquilina.—In July, 1895, nineteen cattle died in

Maryland, which were supposed to have been poisoned by eating the
common bracken fern. Very few similar cases are on record, but one
European authority cites one in which five horses were killed by
eating hay contaminated with this fern, and another states that cases
are quite frequent among cattle in England.

EQUISETACEÆ (HORSETAIL FAMILY).

Equisetum arvense.—The field horsetail was reported from

Connecticut in 1871 as being poisonous to horses. Cases are very
rare, and it is probable that this plant is deleterious only when eaten
in considerable quantity, and then perhaps only on account of its
physical character. Experiments made in Europe show that a similar
species (E. palustre) is fatal to horses when fed in considerable
quantity with hay.

TAXACEÆ (YEW FAMILY).

Taxus minor.—The common yew, or ground hemlock, is called

poison hemlock in some places. The leaves of this shrub are probably
poisonous to stock, as are those of the European yew. This species is
more accessible to stock than the western yew (Taxus brevifolia),
which grows only in deep cañons.

YEW POISONING (TAXUS BACCATA).

The leaves of yew, when eaten in any considerable quantity, are

very poisonous. Two ounces to eight ounces, according to the size of
the animal, slow the heart’s action, produce weakness, staggering,
and apoplectic congestion, which may have a fatal result in less than
an hour. The bark is less injurious, and the fruit is scarcely poisonous
at all.
The early symptoms, which are only seen in chronic cases,
consist in excitement, followed by somnolence and muscular
weakness, with slowing of the respiration and circulation.

POACEÆ (GRASS FAMILY).

 Lolium temulentum.—The seed of the darnel, or poison rye
grass, an introduced annual especially abundant on the Pacific Slope,
is considered poisonous to both man and animals.
Stipa robusta.—This is a perennial plant which is known in
Arizona and New Mexico as sleepy grass. It produces a narcotic effect
on horses and cattle that feed upon it, but stock bred in that region
rarely touch it.
Zea mays.—The numerous deaths that are frequently attributed
to Indian corn are mostly due, not to any poison inherent in the
plant, but rather to parasitic or saprophytic fungus growths, as noted
under Aspergillus and Ustilago. The green fodder is very apt to cause
severe and even fatal tympanites if the animal’s diet is not properly
regulated. Death has also been attributed to the presence of nitre
(potassium nitrate) in the growing stalks. It is supposed that in very
rich soil this substance will sometimes accumulate in the stalks in
considerable quantity during prolonged drought.

POISONING BY THE MALE TUFTS OF MAIZE.

The green tufts alone are toxic; the toxicity disappears after drying.
Prolonged administration produces nephritic colic and renal
lithiasis.

POISONING BY SWEET SORGHUM GRASS.

This form of poisoning is characterised by attacks of trembling,

tympanites, and frequent attempts to urinate. The heart beats feebly,
and the pulse grows progressively weaker, until at last it becomes
imperceptible.

MELANTHACEÆ (BUNCH-FLOWER FAMILY).

* Chrosperma muscætoxicum.—The bulbous portion of the fly

poison, or crow poison, an eastern plant, is sometimes eaten by cattle
with fatal results. The bulbs, when crushed with molasses, are used
to stupefy flies.
*
Veratru
m viride.
—The
leaves of
the
common
swamp
hellebore
(American
white
hellebore;
false
hellebore;
Indian
poke) of
the
eastern
and
northern
portions
of the
Fig. 75.—False hellebore United Fig. 76.—Lily of the
(Veratrum viride), one-third States valley (Convallaria
natural size. have majalis), one-third
proved natural size.
fatal to
man and to horses. Sheep eat the young
leaves and shoots with apparent relish. The seed is poisonous to
chickens.
Zygadenus venenosus.—The name death camas has been
applied to this plant in the North-West of America to distinguish it
from the true camas (Quamasia quamash), which is highly esteemed
for food by the Indians. In Oregon it is erroneously called “lobelia” by
most stockmen and farmers. Horses, cattle, and sheep, as well as
man, are poisoned by eating the bulb.
 Zygadenus elegans.—The bulbs, and perhaps the leaves, of the
Glaucous zygadenus, or alkali grass, are poisonous to cattle.

CONVALLARIACEÆ (LILY OF THE VALLEY FAMILY).

Convallaria majalis.—All parts of the lily of the valley are

powerfully poisonous, and are liable to injure cattle and horses.

HÆMODORACEÆ (BLOODWORT FAMILY).

Gyrotheca capitata.—This is the red root, or paint root, of the

Atlantic coast and Cuba, so called on account of the red colour of its
sap. White hogs are supposed, throughout the Southern United
States, to be particularly subject to the poison contained in the plant.

FAGACEÆ (BEECH FAMILY).

Quercus sp.—In Europe the acorns of various species of oak

cause sickness and death in hogs and cattle. This effect may possibly
be due to tympanites, but may also be due in some way to the tannin
or the bitter principle which they contain.

POISONING BY ACORNS.

The acorn, or fruit of the oak (Quercus robur and Quercus

sessiliflora), is much valued as a food for swine. “A peck of acorns a
day with a little bran will make a hog, ’tis said, increase a pound
weight per diem for two months together.” Though largely consumed
by swine with no apparent ill effects, acorns constitute a dangerous
food for young cattle, especially when eaten before they are ripe and
when herbage or other feeding is scanty or restricted.
The symptoms comprise dulness, loss of appetite, constipation,
followed by diarrhœa, with straining and colicky pains, head carried
low, eyes retracted, with mucus about the eyelids and blood-stained
discharge from the nose. Frequently the abdomen is distended.
Temperature normal.
The lesions are, abrasions of the buccal membrane on the palate,
cheeks, etc.; impaction and intense congestion of the omasum.
Treatment. Change of pasture. Alkalies—potash or soda
bicarbonate, magnesia; tonics and stimulants.

URTICACEÆ (NETTLE FAMILY).

* Urtica gracilis.—The slender nettle covers thousands of acres

of reclaimed swamp land in Michigan and Wisconsin, which is made
nearly worthless by its dense growth, horses refusing to pass through
it to cultivate the soil.

CHENOPODIACEÆ (GOOSEFOOT FAMILY).

Sarcobatus vermiculatus.—Black greasewood, or chico, is a

scraggy shrub which grows in strongly alkaline soil in the south-
western and western portions of the United States. A correspondent
in New Mexico states that on one occasion he counted as many as
1,000 sheep that had been killed by eating the leaves of this plant. It
is claimed that cows are not affected by eating it at any time, and that
sheep can eat it quite freely in winter. Death is perhaps due more to
tympanites rather than to any poisonous substance which the plant
contains.

PHYTOLACCACEÆ (POKEWEED FAMILY).

* Phytolacca decandra.—The leaves of the common pokeweed

(poke; garget; American nightshade) of the eastern half of the United
States is occasionally eaten by cattle with fatal results.

ALSINACEÆ (PINK FAMILY).

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