Claim Form Flashcards
A claimant wants to sue a defendant for £15,000 due to a breach of contract. Which statement is true regarding the value of the claim?
A) The claim must be issued in the High Court.
B) The claim must be issued in the County Court.
C) The claimant does not need to specify the value in the claim form.
D) The claim must be issued in a specialist court.
B) The claim must be issued in the County Court.
💡 Claims worth £100,000 or less (or personal injury claims under £50,000) must be started in the County Court as per CPR 16.3.
A claimant is unsure of the exact amount they are owed and does not want to limit their claim. What should they state in the claim form?
A) “The claimant expects to recover between £10,000 and £25,000.”
B) “The claimant expects to recover more than £100,000.”
C) “The claimant cannot say how much they expect to recover.”
D) “The claimant seeks an estimated amount but is subject to court discretion.”
C) “The claimant cannot say how much they expect to recover.”
💡 If a claimant is unsure of the value, they can state this in the claim form under CPR 16.3.
A personal injury claimant is claiming for pain, suffering, and loss of amenity. What additional information must be included in the claim form?
A) Whether they expect to recover more or less than £1,500 for pain and suffering.
B) The total value of their medical expenses.
C) A full breakdown of all special damages.
D) A list of all doctors they consulted.
A) Whether they expect to recover more or less than £1,500 for pain and suffering.
💡 Personal injury claims must specify whether the claimant expects to recover more or less than £1,500 for pain, suffering, and loss of amenity (CPR 16.3).
A claimant is suing a company for breach of contract. How should the company be named in the claim form?
A) “John Smith, Director of ABC Ltd.”
B) “ABC Ltd.”
C) “John Smith, trading as ABC Ltd.”
D) “Mr. John Smith, representative of ABC Ltd.”
B) “ABC Ltd.”
💡 For a company, the full legal name must be used in the claim form (e.g., “ABC Ltd”).
The claimant wishes to sue a partnership. What is the correct way to name the defendant if suing in the business name?
A) “The partners of Smith & Co”
B) “Smith & Co (a Firm)”
C) “John Smith, William Jones, trading as Smith & Co”
D) “Smith & Co, an incorporated business”
B) “Smith & Co (a Firm).”
💡 A partnership can be sued under its firm name, meaning “Smith & Co (a Firm)” is correct (CPR 16). If suing the individual partners, their names should be listed.
A claimant serves a claim form and wants to follow up with the particulars of claim separately. What is the time limit for serving the particulars?
A) Within 7 days of serving the claim form.
B) Within 14 days of serving the claim form.
C) Within 28 days of serving the claim form.
D) Within 4 months of issuing the claim form.
B) Within 14 days of serving the claim form.
💡 If the particulars of claim are not included in the claim form, they must be served within 14 days after service of the claim form (CPR 7.4(1)(b)).
A company is being sued, and its solicitors have given an address for service. Where must the claim form be served?
A) At the company’s registered office.
B) At the company’s trading address.
C) At the solicitor’s address given for service.
D) At any of the company’s UK branches.
C) At the solicitor’s address given for service.
💡 If a solicitor has provided an address for service, the claim form must be served at that address (CPR 6.7).
A claimant wishes to issue proceedings in the High Court for a breach of contract claim worth £75,000. What must be included in the claim form?
A) A statement that the claimant expects to recover £75,000.
B) A jurisdictional endorsement stating why the High Court is appropriate.
C) A request for an immediate hearing in the High Court.
D) A justification for why the County Court is unsuitable.
B) A jurisdictional endorsement stating why the High Court is appropriate.
💡 Non-personal injury claims over £100,000 can be issued in the High Court. For claims below this threshold, a jurisdictional endorsement is required (CPR 16.3(5)).
A claimant mistakenly fails to include the full company name of the defendant in the claim form. What is the potential consequence?
A) The claim is automatically struck out.
B) The court may allow an amendment with permission.
C) The defendant must accept service anyway.
D) The case will be transferred to the High Court.
B) The court may allow an amendment with permission.
💡 Errors in a claim form can usually be corrected with the court’s permission under CPR 17.1.
A claim form is issued, and the claimant includes a statement of value that is clearly incorrect. What impact does this have?
A) The claim is struck out automatically.
B) The court disregards the error and proceeds with the case.
C) The court can assess the true value and allocate the case accordingly.
D) The defendant must dispute the value in a separate application.
C) The court can assess the true value and allocate the case accordingly.
💡 The court is not bound by the claimant’s statement of value and can determine the correct value independently (CPR 16.3(7)).
