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LPC Law Notes Civil Litigation Notes

Commencement Of Claim Notes

Updated Commencement Of Claim Notes

Civil Litigation Notes

Civil Litigation

Approximately 418 pages

A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

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The following is a more accessible plain text extract of the PDF sample above, taken from our Civil Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

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 Issuing the claim form commences the claim. (PD 7A 3.1)
PD 7A 4.1

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).

CPR 16.2
  1. The claim form must –

  1. contain a concise statement of the nature of the claim;

  2. specify the remedy which the claimant seeks;

  3. where the claimant is making a claim for money, contain a statement of value in accordance with rule 16.3;

  1. where the claimant’s only claim is for a specified sum, contain a statement of the interest accrued on that sum; and

  1. contain such other matters as may be set out in a practice direction.

CPR 16.3

Statement of value to be included in the claim form

  1. This rule applies where the claimant is making a claim for money.

PD 16 2.6

The full name means, in each case where it is known:

  1. in the case of an individual, his full unabbreviated name and title by which he is known;

  2. 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’);

  3. in the case of a partnership (other than a limited liability partnership (LLP)) –

  1. 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

  2. where partners are being sued as individuals, the full unabbreviated name of each partner and the title by which he is known;

  1. 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;

  2. (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.

Serving the Claim Form

After the claim form has been issued by the court it must be served on the defendant.

CPR 6.3

Methods of Service

  1. A claim form may … be served by any of the following methods –

  1. personal service in accordance with rule 6.5;

  2. first class post, document exchange or other service which provides for delivery on the next business day, in accordance with PD 6A 2&4;

  3. leaving it at a place specified in rule 6.7, 6.8, 6.9 or 6.10;

  4. fax or other means of electronic communication in accordance with PD 6A 4; or

  5. any method authorised by the court under rule 6.15.

CPR 6.4

Who?

The court will serve the claim form except where a Rule, PD or court order directs otherwise or the claimant notifies the court that he wishes to serve it.

CPR 6.17 If the claimant serves the claim form, he must file a certificate of service.

CPR 6.6

& 6.7

Where?

  • The claim form must be served at the address for service given by the defendant.

  • The defendant, or a solicitor on his behalf, can give the business address within the jurisdiction of a solicitor as an address at which he may be served.

  • The defendant may also nominate a solicitor in Scotland or Northern Ireland or in any other EEA State to accept service on his behalf.

CPR 7.5

When?

  1. The claimant must complete the step required by the following table in relation to the particular method of service chosen, before 12.00 midnight on the calendar day four months after the date of issue of the claim form.

Method of Service Step Required
First class post, document exchange or other service which provides for delivery on the next business day Posting, leaving with, delivering to or collection by the relevant service provider
Delivery of the document to or leaving it at the relevant place Delivering to or leaving the document at the relevant place
Personal service under rule 6.5 Completing the relevant step required by rule 6.5(3)*
Fax Completing the transmission of the fax
Other electronic method Sending the e-mail or other electronic transmission

* CPR 6.5(3): A claim form is served personally on –

  1. an individual by leaving it with that individual;

  2. a company or other corporation by leaving it...

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