Issuing Proceedings

Question 1

There are six mandatory elements that must be included on a completed claim form

Can you name some of them?

Answer 1

1. C and D’s full name and addresses
2. Brief details of the claim
3. Value of the claim
4. Preferred court/hearing centre
5. Court fee
6. Signed statement of truth

Question 2

The amount of a claim in dispute should be stated when it’s for a _________/____ claim

Answer 2

specified/debt

Question 3

If the court has to assess damages (unspecified claims), the claim form should state that C expects to recover:

Less than £__,_____ - which will likely go to the ____ ______ track

Answer 3

£10,000, small claims

Question 4

If the court has to assess damages (unspecified claims), the claim form should state that C expects to recover:

More than £__,_____ or in a personal injury case, in excess of £_,_____ - which likely be allocated to the ___ track

Answer 4

£10,000, £1,500, fast

Question 5

If the court has to assess damages (unspecified claims), the claim form should state that C expects to recover:

More than £__,________ - likely to be allocated to the _____-track

Answer 5

£25,000, multi

Question 6

If the court has to assess damages (unspecified claims), the claim form should state that C expects to recover:

More than £____,______ or in a personal injury case, in excess of £__,_______ - if the claim is to be filed in the ___ Court

Answer 6

£100,000, £50,000, High

Question 7

Should a C have regard to interests, costs, contributory negligence, and any counterclaim when estimating the value of an unspecified claim?

Answer 7

No - damages only

Question 8

C has the option of including the _________ __ ______ on the back of the claim form

Answer 8

Particulars of Claim

Question 9

What are the Particulars of Claim?

Answer 9

A formal written statement setting out in detail the nature of C’s case

Question 10

How many days following the service of the claim on D does C have to serve the Particulars of Claim?

Answer 10

14 days

Question 11

When is a Part 8 claim used?

Answer 11

When a claim does not involve a substantial dispute of fact

Question 12

What are the three things that the claim form must state on a Part 8 claim?

Answer 12

1. Questions that C wants the court to decide
2. Details of the Claim
3. Capacity of the representative if applicable e.g. an executor

Question 13

What evidence must C serve with a Part 8 claim form and what should it include?

Answer 13

Must serve witness evidence, should include the Particulars of Claim (any evidence in support must contain a statement of truth)

Question 14

What is the effect of D not responding to a Part 8 claim?

Answer 14

They cannot partake in the hearing unless the court gives permission