Dispute Resolution - Issuing Proceedings Flashcards
Claim Form
Parties Names
Must include the full and unabbreviated names of the parties must be included
If operating as a company that must also be included (e.g. John David Smith trading as JS Autos)
Details of Claim
Concise statement of the nature of the claim
Remedy Claimed
Value
- For claims in County Court claim form must state whether C expects to recover “Not more than £10,000”, “More than £10,000” or “More than £25,000”
- For claims in High Court claim form must state whether C expects to recover more than £100,000 (or in a PI claim more than £50,000)
- Any interest, costs, contributory negligence and any counterclaim together with any sums repayable to the Compensation Recovery Unit to be disregarded in indentifying the court for issue
Court Fee
Depends on value of damages claimed
If the claim exceeds £10,000 but is less than £200,000 the fee is 5% of value of claim
If claim exceeds £200,000 the fee is set at £10,000
Part 8 Claims
Parties do not dispute the facts but require the court’s approval (e.g. court must approve settlement in relation to someone under 18)
Defendant does not make a formal defence - instead they file their witness evidence with their acknowledgement of service
If defendant does not respond they cannot take part unless given permission
Particulars of Claim
Formal written statement setting out the nature of the claimant’s case
Can be attached to the claim form or served as a separate document within 14 days following service of the claim form