Core Module: Civil Litigation

Civil Litigation THREE: Issue of Claim Form and Particulars of claim (Statements of case)

CPR 16 'Statements of Case' [Includes Claim Form; Particulars of Claim; Defence; Reply to defen Purpose of the statements of case:

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Inform other side of the case they have to meet

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Identify issues

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Identify extent of the dispute

Issue of claim form

CPR.7 'How to start proceedings'
CRP 7.2(1) court issues the Claim form at request of claimant [this begins the proceedings]
DATE of issue: CPR 7.2(2) Claim Form is issued on the date entered on the form, provided by the cour
What to take to court to issue the claim form?

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Form N1 (Claim Form) - have 3 copies - for file / for court / for defendant

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If under a conditional fee arrangement - send copy of Form N251 also to court.

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Fee for court - Currently PS245 for claims under PS15,000.
Completing the form

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"Brief Details of claim' [first page of N1 form] one sentence to summarise the key details the case and specify remedy which the claim seeks. CPR 16.2(1)(a) - (b)

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" Value" - give broad estimate [CPR 16.3]

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Solicitor's costs - "to be assessed"

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Particulars of claim (either "to follow" or "attached" - see rules below)

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Statement of Truth signed by legal rep: PD22 para.3.8

What will court do once it has issued claim form?

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Court will send claimant Form N205 A-C (Notice of Issue) stating claim number and date issue, and the date of service.
CPR 7.3 "Right to use one claim form to start two or more claims".

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All causes of action should be dealt with in 1 claim form where they reasonably can.

Drafting Particulars of claim
CPR 16.4
PD.16

CPR 16.4 'Content of P.O.C'

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See (a) - (d)

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If Serving separately - PD.16 Para.3.8 tells you how to set it out.

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Particulars of claim should include:
-Name of court 1

Buy the full version of these notes or essay plans and more in our Civil Litigation Notes.