Disputes Resolution 2: Issuing Claim Flashcards
What is included on a claim form?
- names and addresses of parties
- details of claim
- remedy sought
- value
- preferred court of hearing
- court fees and costs
- statement of truth
- Claimants address for service
- Particulars of claim (can be sent separately within 14 days following service of claim form)
How should the claim be valued?
Claimant should disregard interest, costs, contributory negligence and any counter claims
How should value of claim be given in damages claim (different tracks and high court)?
Should state whether claimant expects to recover:
- Not more than £10k (likely small track)
- More than £10k (PI cases exceeding £1k but not more than £10k) (fast track)
- More than £25k (likely multitrack)
High Court
Claim must include:
- Statement that C expects to recover more than £100k (£50k in PI cases)
- Details of the enactment that provides that claim may be commenced in High Court
How should names be given on claim form (including for Partnerships and companies)?
General
- Full unabbreviated name
- Also any name they carry on business under
Partnership
- Full name of partnership
- Full name of every partner
Company
- Registered name of LLP or Company
- Including appropriate suffix (LLP, LTD, PLC)
If Particulars of Claim are sent separately then when must they be served?
Claimants solicitor can serve separately within 14 days following service of claim form
Still within the 4 (or 6) months
What is a Part 8 Claim? What should be stated on the claim form?
Used if claim does not involve a substantial Used dispute of fact
Claim form must state
- That part 8 applies;
- The question that the claimant want the court to decide or remedy sought and the legal basis for claim to that remedy;
- Details of claim being made, and
- Capacity of the representative if the claim is being made in a representative capacity.
What must be included alongside the claim form for a part 8 claim?
- Witness evidence with claim form
- Statement of truth for witness evidence
- Particulars of Claim
How should a defendant respond to a part 8 claim? What happens if they fail to respond?
Defendant does not make formal defence. They:
- File their witness evidence with acknowledgement of service
(claim then treated as if fast track)
Failing to respond
- Cannot take part in hearing unless court gives them permission
What is the time limit for service of the claim form?
- 4 months if in jurisdiction
- 6 months if outside of jurisdiction
What documents should be included in service of claim form to defendant?
- Claim form
- Particulars of claim (if provided)
- Medical report (if appropriate)
- Schedule of past and future losses
- Notice of funding
- Certificate of suitability for litigation friend (if appropriate)
- Response pack
How must you serve if defendant has a nominated solicitor?
If D has nominate solicitor:
- Must serve on nominee (unless contract provides otherwise); or
- Service to D’s company’s registered office
How should you complete personal service to an individual, a company and a partnership?
Individual
- leaving with individual
company
- Leaving with person holding senior position within company (C-Suite, Director , MD)
Partnership
- Leaving with partner or
- With person who has control or management of partnership business at principle place of business
- Although ideally bring claim and serve all partners
When can you serve claim form by fax?
Only if:
- Party (or their lawyer) has indicated in writing that they will accept service by fax;
- Party has given fax number (including number on their stationary unless indicated to contrary); and
- Fax number is within the jurisdiction
When can you serve claim form by email?
Only if:
- Express consent
- Party has given the email address to send it to (email on stationary NOT sufficient)
When can you serve claim form by DX?
- If parties address for service includes a DX number
- DX number is on parties writing paper; and
- There has been no explicit indication that this will not be accepted
