Dispute Resolution - Issuing Proceedings Flashcards

1
Q

Claim Form

A

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
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2
Q

Court Fee

A

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

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3
Q

Part 8 Claims

A

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

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4
Q

Particulars of Claim

A

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

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