Issuing proceedings Flashcards
What information must be included in claims?
Full names and addresses of both claimant and defendant.
What must the claim form include?
Brief details of the claim, value of the claim (excluding interest, costs, contributory negligence, counterclaims), preferred court, and court fee.
How is the court fee calculated?
5% of the claim value if between £10,000 - £200,000; £10,000 if over £200,000.
What are Particulars of Claim?
A formal written statement detailing the claim, typically served with the claim form or within 14 days after.
What must the claim form include besides details?
A signed statement of truth.
How does the claim start?
By issuing the claim form at the claimant’s request.
What must the claimant serve with the claim form?
Witness evidence that includes a statement of truth.
What does the court send to the claimant?
A notice of issue confirming the date the claim was issued.
What happens if the defendant does not respond?
They cannot participate in the hearing unless the court grants permission.
What is a Part 8 claim?
A claim involving no substantial dispute of fact, requiring a specific claim form stating the questions for the court and details of the claim.
