Claim Form

Question 1

Which forms are used to start a claim?

Answer 1

Part 7 claims are started using form N1
(in the Commercial Court, form N1(CC) is used.)

Part 8 claims (where the principle issues are legal or interpretative only) are started using form N208.

Question 2

Under what circumstances should a claim be commenced in the County Court?

Answer 2

Para 2.1, PD 7A:

If a claim is for £100,000 or less.

Question 3

Which factors will point to commencing proceedings in the High Court?

Answer 3

Para 2.4, PD 7A:

1) high value claims and the amount in dispute,
2) claims involving complex facts or law,
3) where the outcome is important to the public,
4) if the claimant believes the high court is the suitable venue.

Para 2.9, PD 7A:

claims for libel and slander may not be started in the County court.

Question 4

Which courts and lists feature under the Business and Property Court?

Answer 4

QBD:

1) Admiralty Court
2) Commercial Court
3) Technology and Construction Court

ChD:

1) Business List
2) IP List
3) IPEC
4) Patents Court

Question 5

Which registry is the Commercial Court part of?

Answer 5

The Admiralty and Commercial Register (QBD).

Question 6

Under what circumstances should a claim be commenced in the Commercial Court?

Answer 6

CPR 58.1(2) a commercial claim is one where a transaction of trade and commerce has occurred, and includes:

(a) a business document or contract,
(b) the export or import of goods,
(c) the carriage of goods by land, sea, air or pipeline,
(d) the exploitation of oil and gas reserves,
(e) insurance and re-insurance,
(f) banking and financial services,
(g) operation of markets and exchanges,
(h) business agency,
(i) arbitration.

Question 7

Under what circumstance should a claim be commenced in the Technology and Construction court?

Answer 7

CPR 60.1(2) and (3) provide that a TCC claim is a claim which

(i) involves technically complex issues or questions, and
(ii) has been issued in or transferred into the TCC specialist list.

Question 8

When should a claim be commenced in the IPEC?

Answer 8

CPR 63.17A:

Where the claim is for damages or an account for profits, where the amount does not exceed £500,000

Question 9

What name must be given for claims against a sole trader, who is not trading under their name?

Answer 9

Para 2.6, PD 16:

Full name of the individual and “T/as” followed by the their training name.

Question 10

What name is given for a partnership who is being sued? I’m

Answer 10

Para 2.6, PD 16:

Where the partners are being sued in the name of the partnership, the full name of the partnership is given followed by “(A Firm)”

Where the partners are being sued as individuals, the full unabbreviated name of each partner.

Question 11

What name is given for a company or LLP who is being sued?

Answer 11

para 2.6, PD 15:

The full registered name, followed by the suffix (e.g., Ltd, LLP, etc.).

Question 12

What is the rule for suing a partnership in its full name or against the partners individually?

Answer 12

Where the partnership is the C or D, they must be sued in the name of the firm, unless it is inappropriate to do so (para 5A.3, PD7A).

Question 13

What is included in the “Details of Claim and Value” section of the CF?

Answer 13

CPR 16.2(1)

The claim form must:

(a) contain a concise statement of the nature of the claim
(b) specify the remedy which the claimant seeks,
(c) where the claimant is seeking a claim for money, contain a statement of value,

CPR 16.2(2):

If the PoC are not served with the CF, the claimant must state that the PoC will follow.

CPR 16.3(5) [High Court Only]

(a) state that the claimant expects to recover more than £100,000
(b) state that some other enactment provides that the claim may be commenced only in the High Court (and specify that enactment).
(c) state that the claim is to be in one of the Specialist High Court lists and state which list.

Question 14

Are interest and costs considered as part of the value of the claim, on the CF?

Answer 14

CPR 16.3(6)(a):

The claimant must disregard any possibility that he may recover interest and costs.

Question 15

What is inserted into the defendant’s name and address section?

Answer 15

This should include the details for the defendant’s solicitor (if authorised).

It should also include an email address, fax number and DX number, if they are authorised for service.

Question 16

What is inserted into the Amount Claimed section?

Answer 16

An estimate of amount claimed (e.g., “over £200,000)

Question 17

What is inserted into the Court Fee Section?

Answer 17

EX50:

Money Claims table (I.e., for a fixed sum claim)

Non-money Claims table (i.e., where the damages are not specified).

Question 18

How are the Legal Representative’s costs determined?

Answer 18

CPR 45.2(1) - the CF may include a claim for fixed commencement costs (i.e., a specified claim)

(2) the amount of fixed commencement costs are found at Table 1

Para 1.3, PD 45 - where the claim is not for a fixed sum, the words “to be assessed” are inserted.

Question 19

What marks the commencement of proceedings?

Answer 19

The issue of the CF marks the commencement of proceedings (CPR 7.2).

Question 20

When must the claimant complete the relevant step?

Answer 20

By CPR 7.5(1) the claimant must complete one of the relevant steps shown in the table before midnight on the calendar day four months after the date of issue of the CF

Question 21

When is the relevant step completed, if it is served personally?

Answer 21

The relevant step is completed if the CF is left with an individual, a senior person in a company or a partner (CPR 6.5(3)).

For a company, it is also possible to leave it at the registered office (s.1139 CA 2006), principal office or any place of business in the jurisdiction with a real connection to the claim.

For a director, it is left at the registered office of the company to which they are a director - I.e., their new company address, if they have changed companies (Re Energy Contractor Ltd; Brouwer v Anstey).

For a partner or sole trader, it is left at their usual or last known place of residence.

If any of those persons don’t take it, then it should be left near him (Tseitline v Mikhelson).

Question 22

When is the relevant step completed for postal service?

Answer 22

It is completed when the CF is posted/left with/ collected by a postal service (para 3.1, PD 6A).

For a company, it is possible to post the CF to its registered office (s.1139 CA 2006).

Question 23

When is the relevant step completed for electronic communication (e.g., email)?

Answer 23

The step is completed when the email is sent.

However the receiving party must state the email address to be used - an email on headed paper suffices (para 4.1, PD 6A).

Question 24

When will a CF be deemed to have been served?

Answer 24

The CF will be deemed to have been served on the 2nd business day after completion of the relevant step (CPR 6.14).

Question 25

What steps must the claimant take if they elect to serve the CF?

Answer 25

They must file a certificate of service within 21 days of service - unless all parties have filed acknowledgment of service (CPR 6.17).

Question 26

What must be served with the CF?

Answer 26

A sealed CF

The PoC

A Response Pack (Form N9).

Question 27

How long does the claimant have after serving the CF to send the PoC (if they are sent separately)?

Answer 27

The claimant has 14 clear days after service to serve the PoC and response pack.