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Commencement Of Claim Notes

LPC Law Notes > Civil Ligitation Notes

This is an extract of our Commencement 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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COMMENCEMENT OF CLAIM
Issuing the Claim Form
To issue a claim form you will need:
 The claim form (N1) for the court;
 One copy of the claim form for each defendant;
 If not using Fee Account, a cheque for the issue fee. The issue fee is the first of several fees that must be paid as the case progresses. The issue fee will depend on the value of the claim.
Form N1

PD 7A 4.1

CPR 16.2

CPR 16.3

PD 16 2.6

Issuing the claim form commences the claim. (PD 7A 3.1)
The claim form and every other statement of case, must be headed with the title of the proceedings. The title should state:
(1) the number of proceedings,
(2) the court or Division in which they are proceeding,
(3) the full name of each party,
(4) each party's status in the proceedings (i.e. claimant/defendant).
(1) The claim form must -
(a) contain a concise statement of the nature of the claim;
(b) specify the remedy which the claimant seeks;
(c) where the claimant is making a claim for money, contain a statement of value in accordance with rule 16.3;
cc) where the claimant's only claim is for a specified sum, contain a statement of the interest accrued on that sum; and
(d) contain such other matters as may be set out in a practice direction.
Statement of value to be included in the claim form
(1) This rule applies where the claimant is making a claim for money.
The full name means, in each case where it is known:
(a) in the case of an individual, his full unabbreviated name and title by which he is known;
(b) in the case of an individual carrying on business in a name other than his own name, the full unabbreviated name of the individual, together with the title by which he is known, and the full trading name (for example, John Smith 'trading as' or 'T/as' 'JS Autos');
(c) in the case of a partnership (other than a limited liability partnership (LLP)) -
(i) where partners are being sued in the name of the partnership, the full name by which the partnership is known, together with the words '(A
Firm)'; or
(ii) where partners are being sued as individuals, the full unabbreviated name of each partner and the title by which he is known;
(d) in the case of a company or limited liability partnership registered in England and Wales, the full registered name, including suffix (plc, limited, LLP,
etc), if any;
(e) (e) in the case of any other company or corporation, the full name by which it is known, including suffix where appropriate.

The claim form is issued once it is sealed by the court and date stamped.
The date is important because, when the court stamps the form, the claim is issued and the action is commenced. Many time limits will run from this date.

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