DR - Misc. claims

Question 1

What must be done to issue a claim form?

Answer 1

1. Copies of Claim Form (Form NI) issued and sealed
2. Court issue fee

Question 2

What is the significance of the date of issue of the claim form?

Answer 2

Stops time for limitation and starts time for when claim form can be served

Question 3

To add a C or D to a claim, what is the test?

Answer 3

Must be ’desirable’

Question 4

To add a claimant to a claim, what is needed?

Answer 4

• Their consent
• Court’s permission (unless claim form hasn’t been served)

Question 5

To add a claimant after the end of a limitation period, when is this allowed?

Answer 5

If limitation period was current when proceedings started, and Addition : substitution is necessary:

• The intended D has been identified in the statements of case by description or less specifically

Question 6

Who can effect service of a claim form?

Answer 6

Court or claimant (C’s solicitor must file certificate of service after at court within 21 days of service)