Keeping The Woolf From Your Door - Part 5

Starting A Claim

1. Follow the relevant pre-action protocol (if it is a PI or clinical negligence case) in all other cases follow the "spirit" of the protocols.

2. It is now necessary before commencing proceedings to consider whether Alternative Dispute Resolution (ADR) is appropriate and if so take steps to enter ADR. The allocation questionnaire will require the parties to state whether ADR has been considered and this question will again be asked at any case management or pre-trial reviews or other direcitons style hearings held by the court. If litigants unreasonably refuse to attempt ADR this can be taken in to account on the question of costs.

3. All claims whether they are brought in the High Court or County Court must be started using a Part 7 Claim Form, (this is a multi-purpose form for claims of a specified or unspecified amount or non-monetary amount). The High Court jurisdiction is £15,000 but £50,000 in the case of personal injury claims. In addition if the claim is complex because of fact or law then it may be possible to bring it in the High Court rather than the County Court. A claim form must be served within 4 months (6 months if the Defendant is out of the jurisdiction).

4. Particulars of Claim must be included on the Part 7 Claim Form or served separately. It must be served within 14 days after the claim form. Service by first class post is deemed to be 2 days instead of 7. Claims forms can also be served by fax, DX, e.mail or other electronic means and a certificate of service must be filed at the court within 7 days of service.

5. The Claim Form, Particulars of Claim and the Defence and any other Statement of Case (pleadings) must contain a "Statement of Truth". This is a statement by the parties that everything contained in the document is true as far as they are aware.

6. A Claim Form will be served with a "Response Pack", (this contains an Acknowledgment of Service Form , Form of Admission and Form of Defence and Counterclaim). If Particulars of Claim is served separately then the response pack will be served at the same time as the Particulars of Claim. The ability to admit a claim for a specific amount and to make an offer to pay by instalment or at a later date has now been extended to the High Court.

7. The Defendant must respond within 14 days of service by returning the Acknowledgment of Service Form and/or filing a Defence. If the Acknowledgment of Service Form is filed indicating an intention to defend this extends the time for service of the Defence to 28 days instead of 14.

8. When a Defence is filed the court will send out an allocation questionnaire to all parties to complete and return, so that they can allocate the case to the right track.

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