| 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: the number of proceedings, the court or Division in which they are proceeding, the full name of each party, each party’s status in the proceedings (i.e. claimant/defendant). |
| CPR 16.2 | The claim form must – contain a concise statement of the nature of the claim; specify the remedy which the claimant seeks; where the claimant is making a claim for money, contain a statement of value in accordance with rule 16.3; where the claimant’s only claim is for a specified sum, contain a statement of the interest accrued on that sum; and 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 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: in the case of an individual, his full unabbreviated name and title by which he is known; 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’); in the case of a partnership (other than a limited liability partnership (LLP)) – 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 where partners are being sued as individuals, the full unabbreviated name of each partner and the title by which he is known; 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) 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 A claim form may … be served by any of the following methods – personal service in accordance with rule 6.5; first class post, document exchange or other service which provides for delivery on the next business day, in accordance with PD 6A 2&4; leaving it at a place specified in rule 6.7, 6.8, 6.9 or 6.10; fax or other means of electronic communication in accordance with PD 6A 4; or 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? 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. | 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 – an individual by leaving it with that individual; a company or other corporation by leaving it with a person holding a senior position within the company or corporation; or a partnership (where partners are being sued in the name of their firm) by leaving it with – a partner; or a person who, at the time of service, has the control or management of the partnership business at its principal place of business. |
| CPR 2.11 | The parties can agree an extension of time for service of the claim form. |
| CPR 7.6 | In absence of agreement, the claimant may apply for an order extending the period but, generally, must do so before the four month period has expired. |
| CPR 6.14 | Deemed Service A claim form is deemed served on the 2nd business day after completion of the relevant step under CPR 7.5(1). |
| Serving Documents Other Than The Claim Form |
| CPR 6.20 | Methods of Service A document may be served by any of the following methods – personal service, in accordance with rule 6.22; first class post, document exchange or other service which provides for delivery on the next business day, in accordance with PD 6A; leaving it at a place specified in rule 6.23; fax or other means of electronic communication in accordance with PD 6A; or any method authorised by the court under rule 6.27. |
| CPR 6.21 | Who? The party who has prepared a document will serve it, unless a Rule or PD provides that the court will serve it or the court so orders. The court will serve a document it has prepared unless a Rule or PD provides that a party must serve it, the court so orders or the party on whose behalf it is to be served notifies the court that it wishes to serve it. |
| CPR 6.23 | Where? A party to proceedings must give an address at which it may be served with documents. This can include a fax number or email address. |
| / | When? In accordance with any deadline in the Rules, PD or court order or, where the parties can agree to extend time, within that extension. |
| CPR 6.26 | Deemed Service A document, other than a claim form, served within the United Kingdom in accordance with these Rules or any relevant practice direction is deemed to be served on the day shown in the following table – | First class post (or other service which provides for delivery on the next business day) | The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day. | | ... |
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