Chapter 5: Issuing Proceedings

• Issuing a claim


  1. A claimant starts a legal action by completing a blank claim form setting out brief details of the claim

  2. The claim form is then issued by the court and served on the defendant either by the court or the claimant's solicitor
• Claim form


  Form N1 in the High Court and the County Court
• Information included in the claim form


  • Names and addresses of parties
  • Details of the claim
  • Remedy claimed
  • Value
  • The claimant's preferred court for hearings
  • Fees and costs
  • Particulars of claim
  • Statement of truth
  • The claimant's address for service
• Parties' names


  • Full unabbreviated name, and if carrying on a business in some other name, that too
  • Full name of a partnership and every partner
  • Registered name of a registered limited liability partnership or company, including the appropriate suffix, such as LLP or plc
• Details of the claim


  A concise statement of the nature of the claim, providing brief details so that the court can see what the claim is about in general terms
• Remedy claimed


  The remedy sought by the claimant, for example, damages or injunction
• Value


  The amount the claimant expects to recover in damages, to enable the court to determine which track the claim should be allocated to and also to determine the fee payable to the court
• Claim for an unspecified amount


  • Not more than £10,000
  • More than £10,000 (or in a personal injury case, not more than £10,000 but including a claim for personal injury in excess of £1,000)
  • More than £25,000
• Claim in the High Court


  • A statement that the claimant expects to recover more than £100,000 (or in a claim for personal injuries, that the claimant expects to recover £50,000 or more)
  • Details of the enactment that provides that the claim may be commenced in the High Court
• Valuing a claim


  The claimant should disregard interest, costs, contributory negligence, and any counterclaim together with any sums repayable to the Compensation Recovery Unit
• Particulars of claim


  A formal written statement setting out in detail the nature of the claimant's case
• Statement of truth


  A declaration by the claimant (or more rarely the solicitor) that the facts stated within the claim form are true (or that the claimant told the solicitor that the facts are true)
• Issuing the claim form


  The court issues the claim form at the claimant's request by sealing the claim form with the court's official seal, which stops time running for limitation purposes and starts time running for service
• What the claimant must send to the court

  • Enough copies of the claim form for service on each defendant, together with a copy for the court file
  • If the claimant wishes the court to serve the proceedings and proposes that the Particulars of Claim is served at the same time, the same number of copies of the Particulars of Claim
  • If the claimant is proceeding via a Litigation Friend, a certificate of suitability of the Litigation Friend
  • If the court is serving, a Notice of Funding confirming how the claimant's claim is funded
  • The court fee
• Part 8 claims


  Claims that do not involve a substantial dispute of fact, such as when a solicitor seeks approval for a settlement on behalf of a person under the age of 18
• Information required in a Part 8 claim form


  • That Part 8 applies
  • The questions that the claimant wants the court to decide or the remedy sought and the legal basis for the claim to that remedy
  • Details of the claim being made
  • The capacity of the representative if the claim is being made in a representative capacity
• Witness evidence in a Part 8 claim


  The claimant must serve witness evidence with the claim form, and the form should include the Particulars of Claim. Any evidence in support must contain a statement of truth
• Responding to a Part 8 claim

  The defendant does not make a formal defence. They file their witness evidence with their acknowledgement of service, and the court treats the claim as if allocated to the multi-track
• Consequences of failing to respond to a Part 8 claim


  If the defendant does not respond, they cannot take part in the hearing unless the court gives permission