#3193 - Claim Form And Particulars Of Claim

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 defence]

Purpose of the statements of case:

Inform other side of the case they have to meet
Identify issues
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 court.

What to take to court to issue the claim form?

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

If under a conditional fee arrangement – send copy of Form N251 also to court.
Fee for court – Currently 245 for claims under 15,000.

Completing the form

“Brief Details of claim’ [first page of N1 form] one sentence to summarise the key details of the case and specify remedy which the claim seeks.

CPR 16.2(1)(a) – (b)

“ Value” – give broad estimate [CPR 16.3]
Solicitor’s costs – “to be assessed”
Particulars of claim (either “to follow” or “attached” – see rules below)
Statement of Truth signed by legal rep: PD22 para.3.8

What will court do once it has issued claim form?

Court will send claimant Form N205 A-C (Notice of Issue) stating claim number and date of issue, and the date of service.

CPR 7.3 “Right to use one claim form to start two or more claims”.

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’

See (a) – (d)

If Serving separately – PD.16 Para.3.8 tells you how to set it out.
Particulars of claim should include:

Name of court

Claim number

Title of proceedings

Claimant’s address for service

Always set out IDENTITY of parties in opening paragraph.

If claim is based on an Oral agreement – PD16 Para.7.4: “include contractual words used and state by whom, to whom, when and where they were spoken”.

If claimant is seeking “Interest”: - CPR 14.4(2). You must state you are claiming interest under:

S.69 CCA 1984 (County Court)

S.35A SCA 1981 (High Court)

Late Payment of Commercial Debts Act (BUSINESS debts)

Service of Claim Form

What to serve:

Claim Form
Particulars of Claim [not necessary if serving at a later date]
Response pack must be served with Particulars of Claim

Who to serve?

Obligation to serve on defendant’s solicitors if they have instructed solicitors [CPR 6.7]. Check that solicitors have authority to receive Claim Form. Has the defendant given written authority for us to serve Statements of Case on the solicitor? If they have not – there is no obligation and you can serve on the defendant directly.
If defendant has not specified an address for service – carry out any of the methods specified in CPR 6.3. [If they specify address – post the claim form to that address. Do NOT fax]

CPR. 6, Section 2

CPR 6.4(1)(b) – The Court will serve the Claim Form on the defendant except where the Claimant notifies court that claimant wishes to serve claim form. Claimant must notify the court of this fact. [I.e. first class post telling court it wishes to serve]. Often better for claimant to serve so he can take control of the situation.
CPR 6.3: Methods of service.

A	Personal service – [see CPR 6.5(3)]
B	First class post / document exchange – see PD 6A
C	Leaving it at place specified
D	Fax; electronic method – PD 6A
E	Any method authorised by the court under 6.15

CPR. 6.14: Deemed date of service of Claim form

Service is deemed to take place on the “second business day” after completing the service step e.g. posting, fax, personal delivery.

CPR 6.14 applies whatever method of service was chosen.

The fact that it was received before-hand does not rebut this rule.

e.g. 1^st class post – second business day after you put letter in letterbox.

Post on Thursday 5^th February – service is deemed to be on Monday 9^th February.

After claim form has been served:

CPR 6.17(2):

Where claimant serves the CF, claimant must file a certificate of service within 21 days of service of the Particulars of Claim unless all defendants have filled acknowledgement of service within this time. Claimant cannot obtain judgment in default without this certificate.

Where court serves CF = court will issue claimant with a notice which will include date on which CF is deemed served under CPR 6.14

If court is UNABLE to serve the claim form = CPR 6.18 Court will send to the claimant a ‘Notice of Non-Service’ stating the method attempted.

The court only makes one attempt to serve It will be up to claimant to serve a second time.

Service of Particulars of claim

PoC to be served with Response pack [CPR 7.8]

Specified sum	Form N9A
Unspecified sum	Form N9C

If PoC served separately from Claim form:

CPR 7.4 (1)(b) – claimant has 14 DAYS to serve PoC after deemed service of Claim form and no later than the latest time for serving the claim form. [Therefore – if deadline is close – serve CF and PoC together]

CPR 7.8: Response Pack to be served with PoC

Deemed date of SERVICE of PoC [where PoC is NOT attached or within the Claim form]:

CPR 6.26:

Method	Deemed date of Service
First class post [CPR 6.14]	Second day after posting provided that day is a business day. If not a business day – the next business day after that.
Document Exchange	Second day after posting
Delivery at address	Before 4.30pm: same day After 4.30pm: next business day.
Fax	Before 4.30pm: same day After 4.30pm: next business day.
Electronic	Before 4.30pm:...

#3193 - Claim Form And Particulars Of Claim - Civil Litigation

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