Issuing Proceedings

Question 1

What information should the claim form contain?

Answer 1

Name and addresses of parties
Details of the claim
Remedy sought (damages or injunction)
Value of remedy sought
Claimant’s preferred court
Court fee and legal costs
Particulars of claim
Statement of truth
Claimant’s address for service

Question 2

What is a “debt claim”

Answer 2

A claim for a specified amount

Question 3

What must the claim form say if the court must assess damages (i.e., the damages are unspecified)?

Answer 3

Whether C expects to receive:
- No more than £10k,
- More than £10k,
- In PI cases, not more than £10k but £1k+ in damages
- More than £25k.

Question 4

What must the claim form include if it is issued in the High Court?

Answer 4

• Statement that C expects to recover more than £100k (in PI cases, more than £50k)
• Details of the enactment that lets the case be commenced in the High Court

Question 5

Is a claim for damages a debt claim or an unspecified claim?

Answer 5

ALWAYS an unspecified claim, even if C can itemize their loss. It is up to the court what damages to award.

Question 6

What should the claimant NOT include when valuing a claim?

Answer 6

C should disregard:
- Interest
- Costs
- CN
- Counterclaims
- Any sums repayable to the Compensation Recovery Unit

Question 7

How do you determine the court fee?

Answer 7

If claim is over £10k but less than £200k: fee is 5% of value of claim

If claim over £200k, fee set at £10k

Question 8

What are the particulars of claim?

Answer 8

Formal written statement detailing the nature of the claimant’s case.

Question 9

How does the claimant serve the particulars of claim on D?

Answer 9

Can include it on the back of the claim form

Can include it as a separate document along with the claim form

Can serve it as a separate document within 14 days of service

Question 10

What are Part 8 Claims?

Answer 10

Claims which do not involve a substantial dispute of fact

Question 11

What must a Part 8 Claim Form include?

Answer 11

• That Part 8 applies
• Questions that C wants the court to decide, or the remedy + legal basis for the remedy
• Details of the claim
• The capacity of the representative, if applicable
• Witness evidence

Question 12

How does D respond to a Part 8 Claim?

Answer 12

They file their witness evidence with their acknowledgement of service

Court treats the claim as allocated to the multi-track