Claim form

Question 1

what is the purpose of the claim form?

Answer 1

o Legal document used to initiate court proceedings
o Outlines basic details of the claim + remedy sought

Question 2

re: claimant/defendant details

how do you write the names of the possible parties (6)?

Answer 2

Individual = Mr/Mrs/Ms/Dr full unabbreviated name

Sole trader = [D’s NAME] t/a [TRADING NAME]

Deceased =
o GOR  [PR’S NAME] as personal representative of [DECEASED’S NAME] (deceased)
o No GOR  ‘the estate of the deceased [NAME]

Partnership = [PARTNERSHIP NAME] (a Firm)

Company/LLP = registered name

address is also included (may be different to service address)

Question 3

what is included under brief details of the claim? (inc. part for spec. claims only)

Answer 3

o COA inc. date + brief details (i.e. breach of contract + subject matter)
o Remedy sought (i.e. payment of debt)

Spec. claim only = statement of interest inc.:
 Basis (i.e. contract or statute)
 Date from and to it is claimed (cannot be later than date of CF)
 Total amount claimed
 Date rate at which interest will accrue

Question 4

what is not to be included when calculating the value of the claim?

Answer 4

value of claim does not inc. interest, costs, contrib. neg.

Question 5

what is example wording when writing the value of a specified claim?

Answer 5

‘the claim is for a specified sum of £x, plus interest of £x’

Question 6

what is example wording when writing the value of an unspecified claim in the CC?

Answer 6

either:
‘I expect to recover:
 Not more than £10,000
 More than £10,000 but not more than £25,000
 More than £25,000 but not more than £100,000
 More than £100,000

‘I cannot say how much I expect to recover’

+ if claim for PI = must state whether the amount they expect to recover as general damages for pain, suffering and loss of amenity is:
 Not more than £1,500; or
 More than £1,500

Question 7

what is example wording when writing the value of an unspecified claim in the HC?

Answer 7

either:
I expect to recover:
 More than £100k (standard case)
 More than £50k (PI case)

Question 8

what is to be written in the ‘amount claimed’ box?

Answer 8

Spec. = amount + interest claimed

Unspec. = estimate of what C genuinely expects to recover

Question 9

what is to be written in the ‘legal rep costs’ box?

Answer 9

• Spec. = fixed costs regime
• Unspec. = ‘to be assessed’