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Dispute Resolution - 5 Issuing Proceedings (Part 7 and Part 8) - Coggle…
Dispute Resolution - 5 Issuing Proceedings (Part 7 and Part 8)
How does a claim start?
Claimant fills out blank Claim Form, sends it to Court
Court
seals
and
issues
it, either serving defendant itself or having claimant's solicitor serve
The Claim Form (Form N1) - Contents
Full Names and Addresses of Parties
Following strict CPR rules
Brief details of the claim
Not too much detail as
Particulars of Claim cover the rest
Remedy being sought
Statement of
value
(How much claimant expects to recover in damages), and
whether SPECIFIED or UNSPECIFIED
Why?
Helps determine fee payable (affected by amount of claim)
Helps allocate claim to correct track
Claim for
damages
is
always unspecified
(Court decides), so
Claimant must state expected recovery
Claimant must say expected recovery is
Not more than £10,000 (or £1,000 for Personal Injury)
More than £10,000 (or £1000-10,000 in personal injury)
More than £25,000
If the claim is in the
High Court
,
statement
is required including:
Statement claimant intends to recover over £100,000 (Or £50,000+ for PI); OR
Details of enactment letting claim begin in High Court
How is the value of a claim calculated?
Disregarding:
Interest
Costs
Reductions from contributory negligence
Any counterclaim
Any sums repayable to compensation recovery unit
Thus,
only what the CLAIMANT
claims for damages
determines the appropriate Court
Eg in debt claim -
specified
amount claimed (as opposed to unspecified for damages)
The Claimant's preferred Court for hearings
State the Court Fee and legal costs claimed
Court fee
Depends on amount claimed
Over £200,000 claim = £10,000 fee
Over £10,000 but less than £200,000 = 5% value of claim
Below £10,000 - Other, no need to know for exam
The costs (Legal costs claimant may recover)
Fixed amount
in Debt or small claim worth up to £10,000
At
Court's decision in all other cases
Brief list
Names and addresses of parties
Brief details of claim
Remedy claimed
Value claimed
Claimant's preferred Court for hearings
Fees and Costs claimed
Particulars of claim (if not included separately)
Statement of truth
Claimant's address for service
Particulars of Claim
Formal Written Statement
Sets out
claimant's case in detail
Can
be
included
on back on Claim Form
In practice,
usually served within 14 days of Claim Form being served
Signed
Statement of Truth
Either by Claimant (saying facts presented by them are true)
Or more rarely, Solicitor (Solicitor certifies the claimant told them the facts were true)
Claimant's Name and Address for Service
Issuing the Claim Form
Court
issues claim form at claimant's request by sealing it with its seal
This stops time running for limitation purposes
Court serving vs claimant('s solicitor) serving
Claimant must decide before sending claim form to Court if they serve
Claimant
must include
Enough copies of
claim form
(enough for for
service on EACH defendant
and
1 copy for court file
)
Court
fee
If Court, rather than claimant, is serving
, claimant must
ALSO
include
Same
number
of
copies of Particulars of Claim
as Claim Form (
if
Particulars of Claim are being served WITH Claim Form)
Notice of funding
, confirming how Claimant's claim is funded
If Litigation Friend is being used (claimant U18 or lacks capacity)
Must also include Certificate of Suitability of Litigation Friend
Issuing Part 8 Claims
, where
there is no substantial dispute of fact
Example of no substantial dispute of fact: When Solicitor seeks settlement on behalf of person U18
Claim Form
- special aspects
Must
state part 8 applies
List of
questions claimant wants court to decide
or
remedy sought
and legal basis for claim to that remedy
Brief details of the claim
Capacity of representative
(if claim is being made in representative capacity)
Clamant
must include WITNESS EVIDENCE
with Part 8 Claim Form
Statement of Truth for evidence
Court fee
How a
defendant responds to part 8 claim
Does
not
make a formal defence
Instead simply files
Acknowledgement of Service
and
INCLUDES THEIR WITNESS EVIDENCE
If defendant fails to respond in AOS
Cannot take part in hearing unless Court permission given
Treated like
Multi-Track
claim by Court
How to
determine if Part 8 applies
Must be
CLEAR
there is
NO DISPUTE OF FACT
between the
PARTIES