issuing proceeding

Question 1

ISSUING ACLAIM

Answer 1

1. A claimant starts a legal action by completing a blank claim form setting out brief details of the claim.
2. This claim form is then issued by the court and served on the defendant either by the court or the claimant’s solicitor.

Question 2

THE CLAIM FORM

Answer 2

1. Names and Addresses of Parties
2. Details of the Claim
3. Remedy Claimed
4. Value
5. The Claimant’s Preferred Court for Hearings
6. fees and cost
7. Particulars of Claim
8. Statement of Truth
9. The Claimant’s Address for Service

Question 2

Fees and Costs

Answer 2

The claim form also must state the court fee and the legal costs claimed.
a.The Court Fee
The applicable court fee depends on the amount of damages claimed. If the claim exceeds £10,000 but is less than £200,000, the fee is **5% **of the value of the claim. For claims exceeding £200,000, the fee is set at £10,000.

b.The Costs
Costs will be either the fixed amount recoverable (in a debt or small claim defned as a claim worth up to £10,000) or in all other cases ‘to be assessed’. This means that the court will determine the costs payable.

Question 3

Value

Answer 3

1. The claim form must contain a statement of value (that is,
   how much the claimant expects to recover in damages), partly to enable the court to determine which track the claim should be allocated to and also to determine the fee payable to the court (which varies according to the amount sought).
2. This should state the amount claimed if the claim is for a specifed sum. A claim for a specifed sum is called** a debt claim.****
3. Claim for an Unspecifed Amount
   If the court must assess the damages awarded, the claim form should state whether the claimant expects to recover:
   *Not more than £10,000;
   *More than £10,000 (or in a personal injury case, not more than £10,000 but including a claim for personal injury in excess of £1,000); or
   *More than £25,000.

Exam Tip
A claim for damages will always be an unspecifed claim as, even if the claimant is able to itemise its loss, it is up to the court what damages to award.

4. Claim in the High Court
   If the claim is for issue in the High Court, it must include:
   *A statement that the claimant expects to recover more than £100,000 (or in a claim for personal injuries, that the claimant expects to recover £50,000 or more); or
   *Details of the enactment that provides that the claim may be commenced in the High Court.
5. In estimating value, the claimant should disregard interest, costs, contributory negligence (that is, a claim that the claimant’s damages should be reduced because of their own negligence), and any counterclaim together with any sums repayable to the Compensation Recovery Unit

Exam Tip
On the exam, don’t be distracted by sums that the defence may raise! Remember that it’s what** the claimant claims for damages **that determines the appropriate court.

Question 4

ISSUING THE CLAIM FORM

Answer 4

1. When received, the court issues proceedings by sealing the claim form and allocating a claim number to the case.
2. The court then sends a Notice of Issue to the claimant, conifrming the date the court issued the claim.The issuing of the claim form stops time running for limitation purpos-es and starts time running for service.

Question 5

Who Should Serve—Court or Claimant?

Answer 5

The claimant must decide **prior **to sending the claim form to the court whether they want the court to serve or whether they would prefer to serve the proceedings themselves

Question 6

What to Send to Court

Answer 6

*Enough copies of the claim form for service on each defendant, together with a copy for the court file.

*If the claimant wishes the court to serve the proceedings and proposes that the Particulars of Claim (in a separate document) is served at the same time, the claimant needs to attach the same number of copies of the Particulars of Claim

*If the claimant is proceeding via a Litigation Friend (where the claimant is under age 18 or lacks capacity), a certifcate of suitability of the Litigation Friend should be included.

*If the court is serving, a Notice of Funding should be at-tached, confrming how the claimant’s claim is funded.

*The court fee, calculated as explained above, also needs to be enclosed.

Question 7

ISSUING PART 8 CLAIMS

Answer 7

If a claim does not involve a substantial dispute of fact (for example, when a solicitor seeks approval for a settlement on behalf of a person under the age of 18), the process for issuing the claim is diferent. Such claims are known as Part 8 claims.

Question 8

A Part 8 claim must state:

Answer 8

1. That Part 8 applies;
2. The questions that the claimant wants the court to decide or the remedy sought and the legal basis for the claim to that remedy;
3. Details of the claim being made; and
4. The capacity of the representative if the claim is being made in a representative capacity.

Question 9

witness evidence
part 8 claim

Answer 9

The claimant must serve witness evidence with the claim form, and the form should include the Particulars of Claim. Any evidence in support must contain a statement of truth

Question 10

Responding to a Part 8 Claim

Answer 10

The defendant does not make a formal defence. They file their witness evidence with their acknowledgement of service, and the court treats the claim as if allocated to the multi-track.

Question 12

Consequences of Failing to Respond to a Part 8 Claim

Answer 12

If the defendant does not respond, they cannot take part in the hearing unless the court gives permission.