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Commencing Proceedings (Pt 7 main way to issue claims. Claim Form called…
Commencing Proceedings
How to start proceedings
- C prepares Claim Form and any supporting documents
- Takes/sends copies for the Court and for each D to the Court Office with appropriate fee (Court Guide EX50 details fees)
- If all in order, the Court seals the Claim Form and allocates a Claim Number.
- Court gives C a Notice of Issue containing; date of issue, Claim Number, receipt for fee and date of service by Court (if applicable)
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Proceedings are started when the court issues a claim form at the request of C. The claim form is issued on the date entered by the court.
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May use 1 claim form to start 2 or more claims, which can be conveniently disposed of in the same proceedings
Statements of Truth
Documents to be verified by a statement of truth include; statements of case, response complying with an order under CPR18.1 to provide further info, witness statements, Pt 8 acknowledgement of service and expert's reports (special wording)
General Wording: '[I believe] [the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true'
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Failure to verify a statement of case- court may strike out. it is effective unless and until struck out. Failure to verify a W/S- court may direct not admissible. False statement of truth is a contempt of court.