Commencing a claim - Issuing a claim form

Learning Outcomes

This article explains the initial steps required to commence legal proceedings in civil matters. It outlines how to select the appropriate court based on the claim's value and nature, the essential details required to complete a claim form correctly, and the fundamental rules for issuing and serving court documents within the jurisdiction. Understanding these procedures is essential for managing the start of litigation effectively and complying with the Civil Procedure Rules (CPR).

SQE1 Syllabus

For SQE1, you are required to understand the practical and procedural requirements for initiating a civil claim. This includes determining the correct court, completing the necessary documentation accurately, and following the rules for service. You should focus on:

  • allocation of business between the High Court and the County Court
  • jurisdiction of the specialist courts (basic understanding of where specific types of claims might start)
  • issuing a claim form (CPR Part 7)
  • service of a claim form within the jurisdiction (CPR Part 6)
  • basic understanding of limitation periods in the context of issuing proceedings.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. Which court should typically be used to commence a claim for damages valued at £75,000 for breach of contract?
    1. High Court, Queen's Bench Division
    2. County Court
    3. Commercial Court
    4. Small Claims Track within the County Court
  2. Which document formally begins legal proceedings when issued by the court?
    1. Particulars of Claim
    2. Defence
    3. Claim Form (N1)
    4. Letter Before Claim
  3. Generally, within what time frame must a claim form be served on a defendant within the jurisdiction after it has been issued by the court?
    1. 14 days
    2. 28 days
    3. 4 months
    4. 6 months

Introduction

Commencing a claim involves formally starting court proceedings against a defendant. This is a critical stage governed by the Civil Procedure Rules (CPR) and requires careful attention to detail to avoid procedural errors. The initial steps involve selecting the correct court, completing the claim form accurately, paying the court fee, and ensuring the claim form is properly issued by the court and subsequently served on the defendant within the prescribed time limits. Failure to comply with these requirements can have significant consequences, potentially leading to the claim being struck out or facing delays and cost penalties.

Choosing the Correct Court

Selecting the appropriate court is the first key decision when commencing proceedings. The choice primarily depends on the financial value and nature of the claim.

County Court vs High Court

The CPR dictate where proceedings must, or may, be started:

  • County Court: Claims with a financial value of £100,000 or less must generally be started in the County Court (CPR PD 7A, para 2.1). For personal injury claims, this threshold is £50,000 or less (CPR PD 7A, para 2.2).
  • High Court: Claims valued above £100,000 (or above £50,000 for personal injury) may be started in the High Court. However, a claimant can still choose to start such claims in the County Court.

Key Term: Jurisdiction
The authority of a court to hear and decide a particular type of case or a case involving particular parties or territory.

Factors favouring the High Court for higher value claims include (CPR PD 7A, para 2.4):

  • Significant financial value and amount in dispute.
  • Complexity of facts, legal issues, remedies, or procedures involved.
  • Importance of the outcome to the public in general.

If a claim is started in the High Court but does not meet these criteria or value thresholds, the court has the power to transfer it to the County Court (CPR 30).

Specialist Courts

Certain types of disputes are typically handled by specialist courts, usually within the High Court framework:

  • Commercial Court: Deals with complex national and international business disputes (e.g., large contractual disputes, banking, insurance).
  • Technology and Construction Court (TCC): Handles technically complex cases involving building, engineering, IT disputes, and related professional negligence.
  • Chancery Division: Deals with matters such as land law, trusts, probate, insolvency, company law, and intellectual property. The Intellectual Property Enterprise Court (IPEC) is part of this division.

Choosing the correct specialist court ensures the case is managed and heard by judges with relevant knowledge.

Completing the Claim Form (N1)

The claim form (Form N1) is the document used to initiate proceedings. Accuracy is essential.

Key Term: Claim Form
The court document, prescribed by the CPR, which initiates legal proceedings when issued by the court.

Key information required on the claim form includes:

  • Court Name: The specific court where the claim is being issued (e.g., County Court Money Claims Centre, or a specific High Court Division/District Registry).
  • Parties' Details: Full names and addresses (including postcodes) of the claimant(s) and defendant(s). Correct legal entities must be used (e.g., "Ltd" for limited companies, "trading as" for sole traders).
  • Brief Details of Claim: A concise summary of the nature of the claim (e.g., "Claim for damages for breach of contract dated [date]").
  • Value:
    • For a specified sum (debt), state the exact amount claimed plus any calculated interest.
    • For an unspecified sum (damages), state the expected recovery band (e.g., "not more than £10,000", "more than £10,000 but not more than £25,000", "more than £25,000"). For High Court claims, state "more than £100,000" (or £50,000 for personal injury). Disregard interest, costs, potential counterclaims, and contributory negligence when stating value for allocation purposes.
  • Preferred Hearing Centre: If issued in the CCMCC, the claimant should state their preferred local County Court hearing centre.
  • Amount Claimed: Includes the principal sum, court fee, accrued interest (if applicable), and fixed legal representative's costs (if applicable). For unspecified claims, legal costs are usually stated as "to be assessed".
  • Particulars of Claim: Either included on the form or stated as "to follow" if served separately.
  • Statement of Truth: Must be signed by the claimant or their legal representative, confirming the belief that the facts stated are true (CPR Part 22).

Particulars of Claim

This document sets out the detailed grounds for the claim. If not included in the claim form, it must be served either with the claim form or within 14 days of service of the claim form, provided this is still within the 4-month validity period of the claim form (CPR 7.4). It must contain:

  • A concise statement of the facts relied upon.
  • Details of the remedy sought (e.g., damages, specific performance).
  • Specifics required by practice directions for certain claim types (e.g., personal injury).
  • Details of any interest claimed (basis, rate, period).
  • A statement of truth.

Key Term: Particulars of Claim
A statement of case setting out the detailed factual and legal basis of the claimant's claim.

Issuing and Serving the Claim Form

Issuing the Claim Form

Proceedings formally commence when the court issues the claim form (CPR 7.2). This involves the court sealing the form with the date of issue and allocating a claim number. This date is essential for limitation purposes.

Key Term: Issue (of proceedings)
The formal act by the court of sealing the claim form, which marks the official start date of the proceedings for limitation and procedural purposes.

The claimant must send the completed claim form, the correct court fee, and sufficient copies for the court and each defendant to the appropriate court office (e.g., CCMCC for most County Court money claims).

Serving the Claim Form

Once issued, the claim form must be served on the defendant. Service informs the defendant that proceedings have started against them.

Key Term: Service (of documents)
The formal process of delivering court documents to a party in accordance with the CPR to ensure they are aware of the proceedings or steps taken.

  • Time Limit: Within the jurisdiction (England and Wales), the claim form must generally be served within 4 calendar months of the date of issue (CPR 7.5).
  • Who Serves: Usually the court serves the claim form by first-class post (unless the claimant specifies they will serve it). If the claimant serves, they must file a certificate of service (CPR 6.17).
  • Methods of Service: Permitted methods within the jurisdiction include (CPR 6.3):
    • Personal service.
    • First-class post, DX, or other next business day delivery service.
    • Leaving it at a specified place (e.g., registered office for a company, usual residence for an individual - see CPR 6.9 for details).
    • Fax or other electronic means (only if expressly agreed in writing beforehand by the recipient).
  • Deemed Service: Specific rules determine the date a document is legally considered served, regardless of actual receipt (CPR 6.14 for claim forms, CPR 6.26 for other documents). For a claim form served within the jurisdiction by methods other than personal service, it is deemed served on the second business day after the relevant step (e.g., posting) was completed.

Worked Example 1.1

A claimant issues a claim form on Monday, 1st June. They post it first-class to the defendant's registered office on Wednesday, 3rd June. When is the claim form deemed served?

Answer: The relevant step (posting) was completed on Wednesday, 3rd June. The second business day after this is Friday, 5th June (Thursday is the first business day, Friday is the second). Therefore, the claim form is deemed served on Friday, 5th June.

Worked Example 1.2

A claim form is issued on 10th July. The claimant must serve it within 4 months. What is the last date for service?

Answer: The last date for service is 10th November (before midnight).

Exam Warning

Ensure you distinguish between the date of issue and the date of service. Limitation stops running on the date of issue (when the court receives the form), but the claim form must still be validly served within 4 months of that date. Also, be clear on the different deemed service rules for claim forms (CPR 6.14) versus other documents (CPR 6.26).

Revision Tip

Familiarise yourself with CPR Part 6 (Service) and Part 7 (How to Start Proceedings). Knowing the time limits and methods for service is essential for avoiding procedural errors early in the litigation process.

Key Point Checklist

This article has covered the following key knowledge points:

  • Claims up to £100,000 (£50,000 for PI) must generally start in the County Court. Higher value or complex claims may start in the High Court.
  • Specialist courts (e.g., TCC, Commercial Court) handle specific types of disputes.
  • The Claim Form (N1) initiates proceedings and must contain key details including parties, value, brief details, and a statement of truth.
  • Particulars of Claim detail the factual and legal basis of the claim and can be served with or shortly after the claim form.
  • Proceedings commence when the court issues the sealed claim form.
  • The claim form must generally be served within 4 months of issue within the jurisdiction.
  • Valid methods of service include personal service, post, DX, leaving at a permitted place, or electronic means (with prior agreement).
  • The claim form is deemed served on the second business day after the relevant step required by the method of service chosen.

Key Terms and Concepts

  • Claim Form
  • Issue (of proceedings)
  • Jurisdiction
  • Particulars of Claim
  • Service (of documents)
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