pre trial procedure (section a - civil courts and adr)

Question 1

What is the N1 claim form and what does it include?

Answer 1

The N1 claim form is filled in by the claimant and includes a ‘particulars of claim’ and a ‘statement of truth’ that the claimant must sign. Claimant has to pay court fee eg for £500 claim, £205 fee

Question 2

How is the claim form served on the defendant?

Answer 2

Smaller claims are posted to the defendant by the courts. Larger claims are ‘served’ on the defendant by a court official who will deliver it by hand

Question 3

What are the four options available to the defendant after being served with a claim form?

Answer 3

settle (pay in full)
ignore the claim (claimant can win in 14 days by default if no reply)
defend by filing a defence within 14 days using an N9 claim form,
or counter-claim against the claimant.

Question 4

What is an allocation questionnaire and who receives it?

Answer 4

Both the claimant and the defendant receive an ‘allocation questionnaire’ to help the court decide which track the case should be allocated to.

Question 5

Where will a case be heard and what determines this?

Answer 5

A case will be heard at either the High Court or the County Court depending on which track the case has been allocated to. The judge managing the case will allocate a suitable track.

Question 6

What happens during a trial and what is the possible outcome for the losing party?

Answer 6

During a trial, the judge will listen to both sides and make a decision on which party is successful. The losing party may be ordered to pay the winner’s legal costs as well as compensation. If the winner has taken out legal insurance and has to pay their solicitor a success fee (under a cfa), this cannot be claimed from the losing party.