Issuing the claim in courts

Question 1

To issue a claim at court what must the solicitor send to the court?

Answer 1

COPIES OF THE N1 CLAIM FORM ISSUED AND SEALED

These must be 3 copies:
1. One copy of the completed claim form to be kept on record for the court

2. One copy for every defendant
3. One copy for the claimant to keep on its own file

Court fee

Question 2

What does issuing the claim do?

Answer 2

Stops the time running for limitation purposes and starts the clock running for the deadline to serve on the defendant

Question 3

What happens if issue in High Court?

Answer 3

The date of issue is important as stops time running for limitation and starts clock running for serving the claim on the defendant

HC will stamp the covering letter with date of receipt - sufficient to stop limitation clock running

The court will issue the claim form by entering the date of issue on the claim form, giving the case a claim number and sealing all copies of the claim form

Question 4

What happens if issuing in the county court?

Answer 4

Same significance for date as in High Court

Most claims are issued centrally by post by Civil National Business Centre - manage the case until a hearing is required at which point they transfer case to a local county court

So you send the N1 form and the court fee

Question 5

What is the Money Claim online service?

Answer 5

For county court claims

it is an online service for issuing a claim

for simple claims

can only be used for money claims up to £100,000 which have no more than 2 defendants

defendant can respond online