DR - starting a claim

Question 1

What are the minimum docs required to start a claim

Answer 1

• FORM N1
• Court fee

Question 2

Which date is important for limitation purposes?

Answer 2

The date the court issues the claim form (date of receipt of claim form)

Question 3

Who serves the claim form on the defendant?

Answer 3

• Court, or
• Claimant

Question 4

What does the claimant need to do if it choses to serve the claim form and particulars of claim together?

Answer 4

• notify the court that it wants to serve
• notify the court that it has served within 21 days of service of particulars of claim

Question 5

When must a claim form be served?

Answer 5

12:00 midnight on the calendar day 4 months after the date of issue

Question 6

In what circumstances can the time limit to serve a claim form be extended?

Answer 6

• with a good reason
• application made within the 4 month window

Question 7

Can the claim form be issued after the 4 month deadline?

Answer 7

Yes, but only if:
- court failed to serve, 🧑‍⚖️
- claimant has taken all reasonable steps 👣
- application made promptly ⏱️

Question 8

Who should the claim form be sent to?

Answer 8

• Court
• Every defendant
• Keep a copy

Question 9

Where should County Court claims be sent

Answer 9

• County Court Money Claims Centre - if cash 💵
• County Court Hearings Centre - if not cash 👂
• Money Claim Online = Under £100k & 2 defendants = 💻💵