5. Issuing Proceedings

Question 1

How does a claimant start a legal action?

Answer 1

Completing a blank claim form which is then issued by the court and served on the defendant by either court or claimant’s solicitor

Question 2

What seven things must a claim form contain?

Answer 2

1. Names/addresses of parties
2. Details of claim
3. Value of claim and remedy sought
4. Claimant’s preferred court
5. Fees and costs
6. Particulars of claim
7. Statement of truth

Question 3

What is considered a full name for the purposes of the claim form for:

(1) an individual,
(2) an individual carrying on business a sole trader,
(3) a general partnership, and
(4) a limited liability partnership or company?

Answer 3

1. Individual: Full unabbreviated name
2. Individual carrying on business: Full unabbreviated names with their trading as name
3. General partnership: Full name of partnership and every partner
4. LLP/company: Registered name

Question 4

If the claim is for damages, what must the claimant state on the claim form?

Why?

Answer 4

What range they expect to recover in

For the purposes of and using the same ranges as allocating to a track

Question 5

What will a claim for damages always be, even if the claimant is able to itemise their loss in great detail?

Answer 5

An unspecified claim

Question 6

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?

Answer 6

1. That the claimant expects to recover more than £100,000 (£50,000 for personal injury), or
2. Details of the statute that provides the claim may be commenced in the High Court

Question 7

In estimating value of a claim, what should the claimant focus on and what should they disregard?

Answer 7

Focus on: What they are claiming for damages

Disregard: Interest, costs, contributory negligence, any counterclaim

Question 8

What are the two court fees and what are the thresholds for each to apply?

Answer 8

Case over £10,000 but less than £200,000: 5% of claim value
Claims over £200,000: Fixed fee of £10,000

Question 9

What does it mean when costs are to be assessed?

Answer 9

The court will determine the costs payable

Question 10

What are the two options for including the Particulars of Claim?

Answer 10

1. Include on back of claim form, or
2. Produce as a separate document and either serve with claim form, or within 14 days following service

Question 11

What are the five critical points to bear in mind when completing the claim form?

Answer 11

1. Parties correctly identified, including spelling of name
2. Whether the claim is specified or unspecified
3. Particulars of Claim are included or to be sent separately
4. Statement of Truth is signed, and
   5.The correct type and number of documents have been supplied to the court

Question 12

What is a Part 8 claim?

Answer 12

A claim where the parties do not substantially dispute the facts

Question 13

What four things must a Part 8 claim state?

Answer 13

1. That Part 8 applies
2. Questions the claimant wants the court to decide
3. Details of the claim being made
4. Capacity of the representative if claim is made in a representative capacity

Question 14

How does a defendant respond to a Part 8 claim?

Answer 14

File witness evidence with their acknowledgement of service, but do not file a defence

Question 15

What are the consequences for a defendant who fails to respond to a Part 8 claim?

Answer 15

They cannot take part in the hearing, unless the court gives permission