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Commencing Claims - Coggle Diagram
Commencing Claims
How to issue a claim at court?
Remember: Court issues proceedings, not claimant
Limitation stops once Court seals claim form
Defendant must be served within 4 months (6 outside of jurisdiction)
Claimant submits
Claim form
Particulars of Claim
Can be served
up to 14 days after claim form
Supporting evidence
Serve claim form within 4 straight months of issue by Court
(eg 14 May -> midnight 14 Sept)
If claimant serves claim form and POC, they must
file Certificate of Service
with Court
within 21 days
of service of the
Particulars of Claim
When are
different docs deemed served?
Claim form
only
Second business day
after relevant serving method has taken place
Monday -> Wednesday
Friday-Monday
All other
docs - particulars of claim, defence, reply to defence, witness statement, etc
Personal service, fax, email, or hand-delivering doc to address
Before 4:30pm on business day: same day
After 4:30pm on business day, or
non-business day
;
next business day
First-class post or document exchange
Second day after posting, if business day
(Wed-> Fri)
If second day after posting is not business day, it is
next-business day
(Fri-Mon)
Remember,
all days are CLEAR DAYS - the day the period begins on is not included
Adding or amending a cause of action (claim form with particulars of claim or defence)
If document has
not been served on any other party
to proceedings,
permission
of Court
NOT NEEDED
If document
has been served
on other parties, party making application to amend will
need either
:
Consent of the court
Written consent of all other parties to making the amendment
What is a Claim Form and Particulars of Claim?
Claim form contains: (Used to start proceedings against defendant)
Names and addresses of
claimant
and
defendant
Brief
details of claim
Claim
value
Preferred
County Court
centre
hearing centre for
hearings
Defendant's
address for service
Particulars of claim (can be included later)
Statement of truth
Claimant's solicitor's name and address
Remedy claimed - damages, injunction, etc