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Claim Form And Particulars Of Claim Notes

LPC Law Notes > Civil Ligitation Notes

This is an extract of our Claim Form And Particulars Of Claim document, which we sell as part of our Civil Ligitation Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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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

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