Commencing a claim - Issuing a claim form

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Overview

Starting a claim marks the official beginning of civil litigation, essential for safeguarding a client's rights. For those preparing for the SQE1 FLK1 exam, gaining a thorough knowledge of this process is key to understanding the broader litigation system. This guide outlines the steps for filing a claim, from selecting the right court to meeting procedural requirements and deadlines. Understanding these elements is crucial for exam success and legal practice.

Choosing the Appropriate Court

Selecting the right court shapes the litigation process, affecting rules, timelines, and outcomes. Consider these factors:

Claim Value and Type

  • County Court: Handles claims up to £100,000, except personal injury cases, which are capped at £50,000.
  • High Court: Deals with claims over £100,000 and matters of public importance.

Specialized Courts

  • Technology and Construction Court (TCC): Covers cases involving construction, engineering, or IT.
  • Commercial Court: Manages international business disputes.
  • Intellectual Property Enterprise Court (IPEC): Focuses on intellectual property cases with simplified procedures.

Jurisdictional Factors

  • Territorial Jurisdiction: Linked to where the defendant resides or the event occurred.
  • Expertise Required: Specialized courts based on legal matter.

Example: Commercial Dispute

A corporation wants to file a £10 million claim against a UK supplier for a contract breach related to advanced technology. The appropriate venue is the Technology and Construction Court in the High Court, which offers expert judges and specific procedures.

Completing the Claim Form

The claim form (N1) is a crucial document in litigation. Accurate completion is vital:

Required Details

  1. Parties: Names, addresses, and legal statuses.
  2. Claim Amount: Specific or estimated value.
  3. Description: Brief summary and facts.
  4. Remedies: Relief sought, such as damages or injunctions.
  5. Statement of Truth: Verification of contents.

Particulars of Claim

These include:

  • Detailed facts
  • Legal justification
  • Timeline of events
  • Allegations of breach

Rule 16.4(1) of the Civil Procedure Rules requires a factual statement and any interest claims.

Example: Professional Negligence

A developer sues a surveyor over faulty valuation, claiming £2.5 million. The form would outline:

  • Parties involved
  • Value of the claim
  • Claim nature: "Professional negligence causing financial loss"
  • Remedy sought: Compensation

The particulars of claim would detail the agreement terms, duties, valuation issues, loss incurred, and legal basis.

Proper Service of Claim Form

Correct service of the claim form is crucial:

Methods of Service

  1. Personal Delivery: To the defendant or representative.
  2. Post: To the last known address.
  3. Document Exchange (DX): For legal professionals.
  4. Electronic Means: Requires prior consent.

Deadlines

  • Serve within 4 months domestically, 6 months internationally.
  • Extensions require court approval.

Proof of Service

  • File a certificate with the court.
  • Preserve evidence of method and date.

Example: International Service

A UK claimant serves a company in Singapore. The 6-month deadline applies. They must:

  1. Consider the Hague Convention
  2. Meet Singapore’s service laws
  3. Possibly translate documents
  4. Allow for diplomatic delays

The claimant uses the Singapore central authority method, filing Form N434 for international service timely.

Limitation Periods

Limitation periods set deadlines for legal actions:

Common Limits

  • Contract: 6 years from breach
  • Tort: 6 years from damage
  • Personal Injury: 3 years from injury
  • Defamation: 1 year from publication

Role in Claim Issuance

  • Filing freezes the limitation clock.
  • Late claims risk dismissal.

Considerations

  • Precisely calculate limits.
  • Consider filing a protective claim close to deadlines.
  • Be aware of special rules, e.g., maritime.

Example: Latent Damage

A homeowner finds defects in a property 8 years post-construction. Although contract claims typically last 6 years, section 14A of the Limitation Act 1980 might extend the time, allowing 3 more years from discovery.

Handling Service Defaults

If a defendant doesn’t respond within the usual 14 days, a default judgment can be obtained. To prevent this:

  • Time Extension: A request may be filed under special circumstances.
  • Alternative Service: If necessary, the court may approve methods like email or newspaper publication.

Scenario: Elusive Defendant

If a defendant relocates without notice, the claimant can ask the court to allow alternative service, such as social media notification if it’s likely to reach them.

Conclusion

Understanding claim issuance is essential for SQE1 FLK1 candidates and lawyers. Key points include:

  1. Selecting the right court based on claim specifics.
  2. Completing forms accurately.
  3. Following service procedures and timelines, considering international aspects.
  4. Monitoring limitation periods.
  5. Managing defaults and exploring alternative service options.

By mastering these processes, candidates enhance their readiness for exams and future legal practice.