Issuing proceedings Flashcards
If a party wishes to issue proceedings, what must first be done?
A claim form should be issued.
When are proceedings commenced?
When the court issues the claim form by sealing it with the court seal.
Where can you find details of what is required in a claim form?
Practice Direction 16, paragraph 2
What are the brief details of claim?
The claim form must contain a concise statement of the nature of the claim and specify the remedy being sought
How should value be quantified in a specified amount claim?
If the only claim is for a specified amount, the claim form must contain a statement of the interest accrued on that sum
How should value be quantified in an unspecified amount claim?
The claim form should indicate whether or not the claimant expects to recover:
A) Not more than £10,000
B) More than £10,000 but not more than £25,000
C) More than £25,000
D) That the claimant is unable to say how much he expects to recover
Why is value/amount claimed important to include?
It assists the County Court in allocating the claim to the multi-track, fast track or small claims track
If the claim is for an unspecified amount, and starts in the High Court, what does the claim form need to include?
A) It must state that the claimant expects to recover over £100,000 or
B) States that a specific enactment provides the claim is only to be brought in the High Court or
C) States that the claim is in one of the specialist High Court lists
Is there a court fee when issuing a claim form?
Yes, the claimant is obliged to pay a fee on issue of the claim form, based on the value of the claim.
Should the claim form include solicitors costs?
If dealing with a specified amount claim, the solicitors costs should be included on the form. If dealing with an unspecified amount claim, the box will read ‘to be assessed’.
How are the particulars of claim communicated?
The particulars of claim are either included on the claim form itself, or in a separate document
If the particulars of claim are in a separate document, when should it be issued?
They should either be issued at the same time as the claim form, or within 14 days of service of the claim form.
Do the particulars of claim need to be served to the Court?
Yes, if not already done. The claimant should file a copy of the particulars at Court within seven days of service on the defendant.
What is a statement of truth?
A statement of truth is used to verify that ‘the facts stated in this claim form are true’
When is a statement of truth used?
It should be included in the claim form
