Commencing a claim - Issuing a claim form

Learning Outcomes

This article explains and deepens the practical steps for starting civil proceedings under the Civil Procedure Rules. It covers choosing a suitable court and track, drafting and filing the claim form (N1) and particulars of claim to CPR standards, paying the correct fee, securing issue for limitation purposes, and achieving valid service within the jurisdiction. It also sets out how deemed service operates for claim forms versus other documents, when certificates of service are required, and when time for service can be extended. Proper application of these rules will enable accurate commencement of claims and avoid procedural pitfalls and cost sanctions.

SQE1 Syllabus

For SQE1, you are required to understand the procedural requirements for commencing civil claims under the CPR, with a focus on the following syllabus points:

• allocation of business between the High Court and the County Court (PD 7A thresholds; transfer powers under CPR 30)
• jurisdiction and role of specialist courts (Commercial Court, TCC, Chancery Division including IPEC, Patents Court)
• issuing a claim form under CPR Part 7 and content requirements under Part 16 and PD 16
• particulars of claim content (facts, interest, aggravated/exemplary damages, provisional damages where applicable)
• court fees and fixed commencement costs (EX50; CPR Part 45)
• service of a claim form within the jurisdiction (CPR Part 6; PD 6A; places for service under CPR 6.9)
• deemed service rules (claim form CPR 6.14 versus other documents CPR 6.26)
• certificates of service where the claimant serves (CPR 6.17)
• time limits to serve claim form and particulars (CPR 7.5; CPR 7.4; extensions under CPR 7.6)
• basic understanding of limitation periods and protective issuing (Limitation Act 1980; effect of issue on limitation)

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 is a formal procedural step governed by the CPR. It requires the correct court to be selected, the claim form and particulars of claim to be drafted in compliance with Part 16 and relevant Practice Directions, fees to be paid, and the claim form to be issued by the court. Valid service must then be effected within strict time limits and by permitted methods. Issue stops limitation from running; however, failure to serve the claim form in time can render proceedings ineffective and may require an extension under CPR 7.6, which is not routinely granted. Proper attention to service rules, deeming provisions, and addresses for service is indispensable to avoid strike-out, transfer, adverse costs, or delay.

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.

Pre‑action protocols and Practice Direction – Pre‑Action Conduct and Protocols encourage settlement and early disclosure of key information before proceedings are started. Non-compliance can lead to costs sanctions even where the defaulting party ultimately succeeds. While this article focuses on issuing and serving the claim form, remember that the court will expect parties to have considered ADR and followed applicable protocol steps unless good reason existed not to do so (for example, impending limitation).

Choosing the Correct Court

Selecting the appropriate court is the first key decision when commencing proceedings. The choice depends primarily on the financial value, complexity, remedy sought, and the nature of the legal issues.

County Court vs High Court

The CPR and PD 7A set out where proceedings must or may be started:

• County Court: claims with a financial value of £100,000 or less should generally be started in the County Court (PD 7A, para 2.1). For personal injury claims, this threshold is £50,000 or less (PD 7A, para 2.2).
• High Court: claims above £100,000 (or above £50,000 for personal injury) may be started in the High Court. Value alone does not compel High Court issue; a claimant can still choose the County Court.

Factors favouring the High Court (PD 7A, para 2.4) include:

• complexity of facts, expert evidence, legal issues, or procedures
• significant financial value
• importance of the outcome to the public (for example, test cases or issues of public administration)

If a claim is started in the High Court but does not meet the criteria or value thresholds, or is otherwise unsuitable, the court can transfer it to the County Court (CPR 30). Conversely, complex County Court cases may be transferred to the High Court or to a specialist list to further the overriding objective.

Administrative arrangements are also relevant:

• Money-only County Court claims issued on paper are filed at the County Court Money Claims Centre (CCMCC), which performs centralised administrative functions and then transfers contested cases to an appropriate hearing centre.
• Online specified money claims can be issued via government portals. These routes do not alter the CPR thresholds for where proceedings should be started.

Specialist Courts

Certain disputes are handled by specialist courts, mostly within the High Court’s Business and Property Courts:

• Commercial Court: complex business disputes (contract, insurance, banking, finance) often involving international elements.
• Technology and Construction Court (TCC): construction, engineering, surveying, IT disputes, and related professional negligence; typically expert-heavy, technical matters.
• Chancery Division: equity and trusts, land and mortgages, probate, insolvency, company/partnership disputes, and intellectual property. The Intellectual Property Enterprise Court (IPEC) offers a streamlined forum for lower-value or simpler IP disputes.
• Patents Court: higher-value or complex IP cases concerning patents, registered designs, and plant varieties (normally handling claims exceeding £500,000 unless the parties agree otherwise).

Selecting the correct specialist court ensures consistent case management and appropriate procedural tools (for example, directions suited to expert evidence or disclosure complexity). Part 30 transfer powers are frequently used to place cases in the court best equipped to deal with them.

Completing the Claim Form (N1)

The claim form is the document that initiates proceedings. Compliance with Part 16 and PD 16 is mandatory. The court may refuse to issue or may retain the claim form until deficiencies (for example, missing postcodes) are rectified.

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 court where you seek issue (for most County Court money claims, CCMCC; otherwise a named County Court hearing centre or High Court Division/District Registry).
• Parties’ details: full, unabbreviated names and addresses including postcodes for claimant(s) and defendant(s) (PD 16). Use correct legal entities: for companies include the registered name and suffix (Ltd/PLC/LLP); for partnerships use “(a firm)” where suing in the firm name; for sole traders use “trading as” or “T/A”. If a child or protected party is a litigant, a litigation friend is required (CPR Part 21).
• Brief details of claim: a concise statement of the nature of the claim and the remedy sought (for example, “Damages for breach of contract dated [date]”).
• Statement of value:
  • Specified sum (debt): state the principal and interest accrued on that sum to the date of issue.
  • Unspecified sum (damages): indicate the band (not more than £10,000; more than £10,000 but not more than £25,000; more than £25,000). For High Court claims, state that more than £100,000 is expected (or more than £50,000 for personal injury). Disregard interest, costs, contributory negligence, and any potential counterclaim when indicating value for allocation purposes.
  • Personal injury: additionally confirm whether general damages for pain, suffering, and loss of amenity are more than or not more than £1,000 (this affects track allocation).
• Preferred hearing centre: for CCMCC-issued claims, nominate the most convenient County Court hearing centre for the claimant.
• Amount claimed: show principal sum, court fee, accrued interest (if applicable), and fixed legal representative’s costs where permitted. For unspecified claims, costs are “to be assessed.”
• Particulars of claim: either included (endorsed) on the form or marked “to follow” if served separately.
• Statement of truth: signed by the party or their legal representative in the prescribed form (CPR Part 22).

PD 16 requires postcodes for all service addresses. If a full address (including postcode) is not shown, the claim form may be issued but retained by the court and not served until corrected or dispensed with by court order.

Finally, pay the correct court fee. Fees are linked to the statement of value (EX50). For higher-value money claims, fees can be substantial, and the maximum issue fee in some categories may be £10,000.

Particulars of Claim

This statement of case sets out the detailed grounds and facts supporting the claim. If not endorsed on the claim form, it must be served either with the claim form or within 14 days after service of the claim form, and in any event within the four‑month validity period of the claim form (CPR 7.4).

It must contain (CPR 16.4; PD 16):

• a concise statement of the material facts supporting each element of the cause of action
• the remedy sought
• details of any interest claimed (basis, rate, dates, daily rate if applicable)
• if aggravated or exemplary damages are sought, say so and state grounds
• if provisional damages are sought, set out grounds and disease/injury risks if relevant
• any other specifics required by Practice Directions (for example, personal injury particulars, attaching medical reports when appropriate; in contract, attach or identify the written agreement under PD 16 para 7.3; for oral contracts, set out the words spoken, by whom, to whom, and when under PD 16 para 7.4)
• 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.

Interest should be pleaded accurately:

• contractual interest: cite the rate and clause
• statutory interest: typically under section 35A Senior Courts Act 1981 (High Court) or section 69 County Courts Act 1984 (County Court), including the dates and daily rate

Where breach of contract is alleged:

• identify parties, existence of contract, relevant express and implied terms, breach, causation, and loss (including mitigation)
• attach the written contract or key documents relied upon where required

Where negligence is alleged:

• plead duty, breach, causation (including material contribution where applicable), loss, and limitation/date of knowledge where relevant (latent damage, LA 1980, s.14A)

Issuing and Serving the Claim Form

Issuing the Claim Form

Proceedings are started when the court issues the claim form at the claimant’s request (CPR 7.2). The court seals the claim form with an issue date and allocates a claim number. For limitation purposes, proceedings are brought on the date the claim form is received by the court. Protective issuing is appropriate if limitation is about to expire: issue without serving, then gather evidence and serve within the four‑month validity period (or six months if serving out of the jurisdiction).

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.

Send to the appropriate court:

• completed claim form and sufficient copies (one for the court file and one for each defendant)
• any separate particulars of claim (if you want the court to serve them with the claim form)
• the court fee
• any required certificates (for example, certificate of suitability for a litigation friend)

If you choose to serve personally rather than request court service, you must indicate this and ensure all required documents (including the response pack) are served correctly.

Serving the Claim Form

Service informs the defendant that proceedings have been started and triggers time limits for responding.

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.

Key rules for service of a claim form within the jurisdiction (England and Wales):

• Time limit: complete the relevant step required for the method of service before 12:00 midnight on the calendar day four months after the date of issue (CPR 7.5). “Relevant step” depends on method (for example, posting, delivery to DX, personal service completed).
• Who serves: the court will usually serve by first-class post unless the claimant requests to serve. If the claimant serves, they must file a certificate of service within 21 days (CPR 6.17).
• Methods of service (CPR 6.3; PD 6A):
  • personal service
  • first-class post, DX, or other next business day delivery
  • leaving at a permitted place (see CPR 6.9 for addresses depending on defendant type)
  • fax or other electronic means (only if the recipient, or their solicitor, previously agreed in writing; check any limitations on acceptable formats and attachment sizes in advance)
  • any method authorised by the court (for example, service by an alternative method under CPR 6.15)
• Place for service (CPR 6.9):
  • individuals: usual or last known residence
  • sole traders sued in the business name: usual or last known residence or principal or last known place of business
  • partnerships sued in the firm name: principal or last known place of business of the partnership, or an individual partner’s address
  • companies registered in England and Wales: principal office or any place of business with a real connection to the claim; posting to the registered office is valid under Companies Act 2006 s.1139
  • other corporations: principal office or a place where it carries on activities with a real connection to the claim

Deemed service:

• claim forms: deemed served on the second business day after the relevant step was completed (CPR 6.14), regardless of actual receipt
• other documents (including particulars of claim served separately): deemed service dates depend on method; for electronic methods and personal service there is a 4:30 p.m. cut-off on business days (CPR 6.26)

If you serve by post, use first-class post (not second class). For DX, confirm willingness to accept via DX or absence of objection in writing.

If a solicitor is authorised to accept service, serve on the solicitor at their correct address; do not assume authorisation because a firm acted in pre-action correspondence—ensure written confirmation of authorisation.

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

Where particulars of claim are not endorsed on the claim form:

• serve them with the claim form; or
• serve them within 14 days after service of the claim form, provided service still occurs within four months after the date of issue (CPR 7.4)

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), measured as calendar months from the date of issue.

Worked Example 1.3

The claimant elects to serve the claim form and particulars themselves. They serve by first-class post on 2 March. What additional step must they take and by when?

Answer:
They must file a certificate of service confirming the method, date, and address of service within 21 days (CPR 6.17).

Worked Example 1.4

The claimant serves separate particulars of claim by email at 5:00 p.m. on Friday, having agreed in writing to electronic service. When are the particulars deemed served?

Answer:
For documents other than claim forms, service by email after 4:30 p.m. on a business day is deemed on the next business day (CPR 6.26). They are deemed served on Monday (assuming Monday is a business day).

Worked Example 1.5

A claim form is issued on 1 May. The claimant cannot locate the defendant despite reasonable efforts. The four-month period is approaching. Can the claimant extend time to serve the claim form?

Answer:
The claimant should apply to extend time under CPR 7.6. If applying before the four-month expiry, the court has wider discretion. If applying after expiry, the court will only grant an extension if the court failed to serve the claim form or the claimant took all reasonable steps to serve but could not, and made the application promptly. Evidence of diligent attempts to serve is required.

Dispensing with service and alternative service

In exceptional circumstances, the court can dispense with service of the claim form (CPR 6.16). Alternatively, the court may permit service by an alternative method or at an alternative place (CPR 6.15), including retrospectively where steps already taken are likely to have brought the claim form to the defendant’s attention (for example, delivery to a habitual address or messaging via an agreed electronic channel).

Service outside the jurisdiction (overview)

Service out of the jurisdiction engages different rules and often requires permission of the court (PD 6B; CPR 6.36–6.37), with the claim form valid for six months (CPR 7.5). Scotland and Northern Ireland are treated differently (CPR 6.32). If service abroad is contemplated, allow for local service rules and certificates via foreign authorities. Although this article focuses on service within the jurisdiction, awareness of the six-month validity and permissions framework is important when limitation is tight and service routes may be complex.

Exam Warning

Distinguish clearly between:

• date of issue (stops limitation running) and
• date of service (starts defendant’s time to acknowledge/defend and must occur within four months)

Also distinguish deemed service of a claim form (second business day after the relevant step, CPR 6.14) from deemed service of other documents (variable rules and 4:30 p.m. cut-offs, CPR 6.26). When the claimant serves the claim form, remember to file the certificate of service within 21 days. For extensions after expiry under CPR 7.6(3), the evidential test is stringent.

Revision Tip

Review CPR Part 7 (starting proceedings), Part 6 (service within and out of the jurisdiction), and Part 16/PD 16 (statements of case content). Confirm addresses and postcodes, service method, place, and whether a solicitor is authorised to accept service in writing. A short checklist before issue and service saves delay and avoids avoidable applications.

Key Point Checklist

This article has covered the following key knowledge points:

• Claims up to £100,000 (£50,000 for PI) generally start in the County Court; higher value or complex claims may start in the High Court.
• Specialist courts (for example, TCC, Commercial Court, IPEC, Patents Court) handle specific categories of complex disputes.
• The claim form (N1) must state court, parties with full legal names and postcodes, brief details, statement of value, preferred hearing centre, amount claimed, and include a statement of truth.
• Particulars of claim must set out material facts, remedy, interest details, and any aggravated/exemplary/provisional damages; attach or identify contracts under PD 16 and include a statement of truth.
• Proceedings commence when the court issues (seals) the claim form; issue stops limitation running.
• Serve the claim form within four calendar months of issue within the jurisdiction (six months if serving out of the jurisdiction).
• Valid methods of service include personal service, first-class post, DX, leaving at permitted places, or electronic means with prior written agreement; serve at the correct place under CPR 6.9.
• A claim form served within the jurisdiction is deemed served on the second business day after the relevant step (CPR 6.14); other documents follow CPR 6.26 with 4:30 p.m. cut-offs.
• If the claimant serves, file a certificate of service within 21 days (CPR 6.17).
• Where necessary, apply for extensions of time to serve under CPR 7.6 or for alternative service/dispensation under CPR 6.15/6.16, supported by evidence.

Key Terms and Concepts

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