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Pre- action Protocals, Issue of Court Proceedings, Claim Form - Coggle…

- - - - Should include "concise details about the claim, the basis for which the claim is made, the summary of the facts, what the claimants wants from the defendant and if the money how much is calculated"
    - - Expected to reply within a reasonable time frame- 14 days in straight forward cases and no more than 3 months in complex ones
      - The reply should confirm whether the claim is accepted and if not the reasons why, together with an explanation as to which facts and parts of the claim are disputed and whether the defendant is making a counterclaim as well as providing details of the counterclaim
    - - Parties should disclose key documents relevant to the issues in dispute
- - - - PD 7A Para 2.1
        
        County Court if your claim is for more than £100,000
        
        High Court if your claim is for more than £100,000 (personal injury, claim has to be more than £50,000)
        You must also issue in the High Court if a statute requires you to
    - - CPR 16.2-16.3 AND PD 16
      - PAGE 1
        
        Court you are to issue in
        
        Names and addresses of parties
        
        A concise statement of the nature of the claim
        
        A statement of the value of the claim
        
        State which county court you would prefer your claim to be sent to
        
        Amount claimed
        
        Court fee
        
        Costs
      - PAGE 2
        
        Indicate whether Human Rights Act 1998 issue being raised- usually no
        
        Include any Particulars of Claim
      - PAGE 3
        
        Statement of Truth
        
        Wording is listed in PD 22 para 2.1
        
        if this is done wrong you may be in contempt of Court CPR 32.14
        
        Signiture
        
        Ideally Client will sign document
        
        Solicitor can also sign in their own name para 3.10 but only if authorised by claimant which solicitor confirms by stating claimant believes to be true and has been advised of consequences of false statements PD 22
        
        For companies, a director, treasurer, secretary, chief executive, or other office can sign- PD 22
      - PAGE 4
        
        Complete address details of claimant or claimants legal representative to which documents should be sent