DR 5 Flashcards
How does a claimant start a legal action?
Completing a blank claim form which is then issued by the court and served on the defendant by either court or claimant’s solicitor
What eight things must a claim form contain?
- Full names/addresses of parties2. Details of claim3. Remedy sought4. Values5. Claimant’s preferred court6. Appropriate court fee and costs7. Particulars of claim (can be served separately within 14 days)8. Statement of truth
What are the Particulars of Claim?
A formal written statement setting out in detail the nature of the claimant’s case
What is considered a full name for the purposes of the claim form for (1) an individual, (2) an individual carry on business a sole trade, (3) a general partnership, and (4) a limited partnership or company?
- Individual: full unabbreviated name2. Individual carrying on business: full unabbreviated names with their trading as name3. General partnership: Full name of partnership and every partner
Who signs the statement of truth on the claim form?
Usually the claimant but the solicitor may sign.
What is the name given to a claim for a specified sum?
A debt claim
If the claim is for an unspecified amount in County Court, what must the claimant state on the claim form?
What range they expect to recover in, for the purposes of and using the same ranges as allocating to a track* Not more than £10,000 (likely to be allocated to the small claims track);* More than £10,000 or in a personal injury case, in excess of £1,000 (likely to be allocated to the fast track);* More than £25,000 (likely to be allocated to the multi-track); or* More than £100,000 or in a personal injury case, in excess of £50,000, if the claim is to be filed in High Court.In estimating value, the claimant should disregard interest, costs, contributory negligence, and any counterclaim. Ignore any sums the defence may raise
What will a claim for damages always be, even if the claimant is able to itemise their loss in great detail?
An unspecified claim
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?
- That the claimant expect to recover more than £100,000 (£50,000 for personal injury), or2. Details of the statute that provides the claim may be commenced in the High Court
In estimating value of a claim, what should the claimant focus on and what should they disregard?
Focus on: What they are claiming for damagesDisregard: Interest, costs, contributory negligence, any counterclaim
What are the two court fees and what are the thresholds for each to apply?
Case over £10,000 but less than £200,000: 5% of claim valueClaims over £200,000: Fixed fee of £10,000
What does it means when costs are to be assessed?
The court will determine the costs payable
What are the two options for including the Particulars of Claim?
- Include on back of claim for, or2. Produce as a separate document and either serve with claim form, or within 14 days following service
Who serves the claim form?
The claimant must decide whether the court or the claimant will serve the claim on the defendant.If the court is to serve, the claimant must include one copy of the complaint for each defendant named plus one copy for the courtThe court will send a Notice of Issue to the claimant confirming the date the court issued the claim
What are the five critical points to bear in mind when completing the claim form?
- Parties correctly identified, including spelling of name2. Whether the claim is specified or unspecified3. Particulars of Claim are included or to be sent separately4. Statement of Truth is signed, and5. The correct type and number of documents have been supplied to the court
