4) Issuing and serving proceedings Flashcards
Issuing proceedings
Proceedings commence when the claimant or their solicitor send a claim form and other relevant documents to the appropriate court to be issued. The claim form is issued on the date entered on the form by the court
The claim form
Summarises the most important aspects of the claim, both the substantive law and the facts that support it.
Completing the claim form - Heading
Top right hand corner of the claim form. Details of the relevant court must be inserted:
- the Civil National Business Centre for money-only claims
- the appropriate County Court
- High Court division e.g The High Court of Justice, King’s Bench Division or Birmingham District Registry
Completing the claim form - Details of the parties
Parties’ name and status with full addresses and postcodes. If the defendant is an individual who has died then the claim must be made against the executors or administrators
Completing the claim form - Brief details of claim
It must contain a concise statement of the nature of the claim and specify the remedy that the claimant is seeking.
Completing the claim form - Statement of value - High Court
Where the claim is for money the estimated or actual value of the claim must be inserted. For unspecified claims for breach of contract the claimant need only put: ‘The Claimant expects to recover more than £100,000’.
This provides confirmation that the matter has been issued in the correct court. Where
damages are claimed for personal injury, the relevant figure is £50,000.
Completing the claim form - Statement of value - County Court
The claimant must state whether they expect to recover:
- not more than £10,000; or
- more than £10,000 but not more than £25,000; or
- more than £25,000 but not more than £100,000; or
- more than £100,000;
When calculating this figure, the following should be disregarded:
- possible awards of interest or costs;
- contributory negligence; and
- counterclaims.
Completing the claim form - Defendant’s name and address for service
Defendant’s name and address for service or their solicitor’s details if they’ve confirmed in writing that they have been instructed to accept service
Completing the claim form - Financial summary of the claim
Amount claimed box - for specified claims an exact figure should be given including the interest that has accrued to the date of issue. For unspecified claims it is an estimate of the amount of damages expected to recover
Who can make an application?
An existing party or a person who wants to become a party. But no-one may be added or substituted as a claimant unless their consent in writing has been filed at court
Is permission required? - To add claimant
Yes unless the claim form has NOT been served
Grounds to add a party - Application made within the limitation period
It is desirable:
- To add a new party to resolve matters in dispute
- To substitute a party where the existing party’s interest or liability has passed to them
Grounds to add a party - Application made outside the limitation period
A party may only be added or substituted if the limitation period was current when proceedings were started and:
- The original party was named by mistake
- The original party has died/is subject to a bankruptcy order and their interest or liability has passed to the new party
- The claim cannot properly be carried on without the new party
Service of the claim form
Once a claim form has been issued it must be served on the other parties within 4 months. Some methods of service:
- Personal service
- 1st class post or document exchange
- Leaving the claim form at a specified place
- Fax or other means of electronic communication - must be expressly confirmed that they are willing to accept service in this manner
Personal service
1) Served on an individual by handing it to them
2) Served on a partnership by leaving it with a partner or with someone who has the control or management of the partnership
3) Served on a company by leaving documents with a person who holds a senior position e.g director or secretary
