5. Issuing Proceedings Flashcards
How does a claimant start a legal action?
Completing a blank claim form which is then issued by the court and served on the defendant by either court or claimant’s solicitor.
What eight things must a claim form contain?
- Names/addresses of parties
- Details of claim
- Remedy sought
- Values
- Claimant’s preferred court
- Fees and costs
- Particulars of claim
- Statement of truth
What is considered a full name for the purposes of the claim form for (1) an individual, (2) an individual carry on business a sole trade, (3) a general partnership, and (4) a limited partnership or company?
- Individual: full unabbreviated name
- Individual carrying on business: full unabbreviated names with their trading as name (Jasin Sahir trading as J.S. Automobiles)
- General partnership: Full name of partnership (+ a firm) *Sahir & Gül Solicitors (a firm).
- LLP/Company: the registered name of a registered LLP or company, including the appropriate suffix, such as LLP, Ltd. or plc.
What is the name given to a claim for a specified sum?
A debt claim
If the claim is for an unspecified amount in County Court, what must the claimant state on the claim form?
To rewind please state the general monetary amounts used in the different tracks of the County Court.
What range they expect to recover in, for the purposes of and using the same ranges as allocating to a track.
- Not more than £10,000 (likely to be allocated to the small claims track);
- More than £10,000 (or in a personal injury case, not more than £10,000 but including a claim for personal injury in excess of £1,000—likely to be allocated to the fast track); or
- More than £25,000 (likely to be allocated to the multi-track).
What will a claim for damages always be, even if the claimant is able to itemise their loss in great detail?
An unspecified claim
If the claim is for an unspecified amount in the High Court, one of what two things must the claimant state on the claim form?
- That the claimant expects to recover more than £100,000 (£50,000 for personal injury), or
- Details of the statute that provides the claim may be commenced in the High Court
In estimating value of a claim, what should the claimant focus on and what should they disregard?
Focus on: What they are claiming for damages
Disregard: Interest, costs, contributory negligence, any counterclaim
What are the two court fees and what are the thresholds for each to apply?
- Case over £10,000 but less than £200,000: 5% of claim value
- Claims over £200,000: Fixed fee of £10,000
What does it means when costs are to be assessed?
The court will determine the costs payable
What are the two options for including the Particulars of Claim?
- Include on back of claim form, or
- Produce as a separate document and either serve with claim form, or within 14 days following service
What are the five critical points to bear in mind when completing the claim form?
- Parties correctly identified, including spelling of name
- Whether the claim is specified or unspecified
- Particulars of Claim are included or to be sent separately
- Statement of Truth is signed, and
- The correct type and number of documents have been supplied to the court
What is a Part 8 claim?
A claim where the parties do not substantially dispute the facts
What four things must a Part 8 claim state?
- That Part 8 applies
- Questions to be decided, or remedy sought and legal basis
- Details of the claim
- Capacity of the representative if claim is made in a representative capacity
How does a defendant respond to a Part 8 claim?
File witness evidence with their acknowledgement of service, but do not file a defence.
What are the consequences for a defendant who fails to respond to a Part 8 claim?
They cannot take part in the hearing, unless the court gives permission.
