Claim Form

Question 1

What is the purpose of the claim form?

Answer 1

Used to commence proceedings, set out key elements of the claim, and serve as the first statement of case, prepared by the claimant.

Question 2

What is the structure of a claim form?

Answer 2

Usually Form N1, special forms might apply in specialist proceedings.

Question 3

What must be included in the claim form regarding parties?

Answer 3

Must contain parties and addresses; if being sued in representative capacity, this must be addressed.

Question 4

What must be included in the claim form regarding addresses?

Answer 4

Addresses for service, but the claimant must indicate the address where they reside or carry on business if different.

Question 5

What should be included in the claim form regarding claim details?

Answer 5

A concise statement of the nature of the claim, a brief summary with further details in the particulars of claim, and the remedy sought. Costs are not necessary to express.

Question 6

How should the value of the claim be stated in the claim form?

Answer 6

If the claim is for money, the amount must be stated. If unspecified, categories like less than £10k, between £10k and £25k, or more than £25k can be stated. Court is not limited by this statement.

Question 7

What is included in the value of a claim?

Answer 7

Interests, costs, counterclaims, set-off, and contributory negligence are not included. Benefits under the Social Security (Recovery of Benefits) Act 1997 are also excluded.

Question 8

What must be stated if a personal injury claim is being made?

Answer 8

If personal injury, state whether pain, suffering, and loss of amenity is or is not more than £1,500.

Question 9

What should be included if the High Court is chosen?

Answer 9

A special jurisdictional endorsement must be included, stating the claim value and providing a justification based on statutory enactments.

Question 10

What should the claimant state if they are choosing the High Court?

Answer 10

The claimant can state the exact amount of the claim and if it exceeds £100,000 or is a personal injury claim exceeding £50,000, they should specify that the case is one for specialist High Court lists.

Question 11

What is not included in the value of the claim?

Answer 11

Interests, costs, counterclaims, set-off, contributory negligence, and state benefits that D may be liable for under the Social Security (Recovery of Benefits) Act 1997 are not included.

Question 12

What is the purpose of the particulars of claim?

Answer 12

C sets out the case in detail; if it is a simple debt claim, it is appropriate to attach it to the claim form.