Summary detailed notes on all civil procedure rules for claim forms

Claim Form


TOPIC RULES AND DESCRIPTION
PRACTISE
DIRECTIONS
Starting proceedings PD 7A para 3.1 Claimant must produce a claim form (Form N1) to start their claim
HC proceedings – damages or PD 7A para 3.4 If the claim is for damages or an unspecified sum which is started in
unspecified sums the HC, the claim form must:
 State ‘C’ expects to recover more than 100k (or 50k or more
if the claim is PI) – or
 State some enactment provides the claim must be started in
the HC – or
 State the claim is one on the specialist HC list.
CC Proceedings – damages or PI PD 7A para 3.5 If a claim for damages for personal injuries is started in the CC the
claim form must state:
 whether or not the claimant expects to recover more than
£1000 in respect of pain, suffering and loss of amenity.
The formalities
Address of ‘C’ PD 16 para 2.2 Claim form must include ‘C’s address (home or business) and can be
the address of the solicitor
Address of ‘D’ PD 16 para 2.3 If D is an individual  C should put D’s address of where they live, or
a business address (even if D’s solicitors are accepting service)

If C fails to provide D’s full PD 16 para 2.5 If C’S or D’s full address is not provided – court will retain the claim
address form and it will not be served until C provides a full address.
It should be noted – that the court will issue the claim form in this
case, but it will not be served until C provides a full address.
Heading of the claim form PD 16 para 2.6 Headed with:
 title of proceedings
 names of the parties:
o individual: full name and title
o individual carrying on a business: full name of
individual and full trading name
o partnership: full partnership name with the words
‘A Firm’ afterwards OR where partners are sued
individually – their full name and title
o company: full registered comp name
Details of the claim - Rules
Content of the claim R16.2(1) Claim form must contain:
a. (R16.2(1)(a)) – a concise statement of the nature of the
claim
b. (R16.2(1)(b)) – specify the remedy C is seeking
c. (R16.2(1)(c)) – state the value of the claim where C is
seeking money – + where the claim is a specified claim, a
statement of the interest accrued must also be included.
d. (R16.2(1)(e) – state any other matters necessary under the
PD’s.
When P of C’s are not R16.2(2) If the P of C’s are not attached, within or served with the claim form
attached/served with the claim – the claim form must state the P of C’s will follow.
form
The statement of value of the R16.3 When C is making a claim for money rules under 16.3 apply…
claim
What the statement of value R16.3(2) R16.3(2)(a) If the claim is for a specified sum, C must state:
must include – – the amount of money claimed

, Claim Form



NOTE: interest is dealt with by R16.3(2)(b) If the claim is for an unspecified amount of money, C
the discretion of the court for an must state whether they expect to recover:
unspecified claim. If specified – R16.3(2)(b)(i) – no more than 10k
check the contract itself as this R16.3(2)(b)(ii) – more than 10k but no more than 25k
will be what the court orders. R16.3(2)(b)(iii) – more than 25k
OR
R16.3(2)(c) – That C cannot say how much is likely to be recovered
If the claim form is being issued in R16.3(5) R16.3(5)(a) - C should state they expect to recover more than
the HC 100,000
R16.3(5)(b) – states some enactment requires the claim to be
brought in the HC
R16.3(5)(c) – if the claim is for PI, state C expects to recover 50k or
more
R16.3(5)(d) – state the claim is to one which should proceed in one
of the HC lists
Additional things to do with the
claim form
The court fee C is obliged to pay a fee when the claim form is issued – it is based
on the value of the claim.
The amount should be noted on the front of the form.

NOTE: When the claim is for a specified sum, the fee is calculated by
considering:
The total amount of the claim and the accrued interest.
Solicitors costs Table 1 part 45 If the claim is for a specified amount and the form was issued by the
solicitor – form should include a figure for the solicitor’s costs. If D
admits the claim, this sum and the court fee will be payable by the
defendant.

If the claim is for an unspecified amount – the box is completed with
‘to be assessed’ and the court will determine the amount.
Human Rights Act C is obliged to state whether their claim relates to the HRA.
The particulars of claim *R7.4(3) These will either:
 Be set out in the claim form, or
 On a separate document served with the claim form, or
 Served separately within 14 days of the claim form being
deemed served.

R7.4(3) – if C serves the P of C on D, then C must file a copy of them
at the court within 7 days of deemed service
Statement of truth PD 22 para 3.1 The statement of truth must be signed by:
The party or litigation friend – PD 22 para 3.1(1)
The solicitor – PD 22 para 3.1(2)
If signed by the client  must state ‘I believe’..
Partnership  PD 22 para 3.6: any partner can sign or a person
having control/management of the partnership
Company  PD 22 para 3.4: person holding a senior position
(director) must sign
The solicitor  ‘The party believes’ – must sign in their own name
PD 22 para 3.10 + state their status and firm name
When a statement of case is Part 22 Rule If the statement of case needs to be amended, the amendment
amended – amending statement 22.1(2) must be verified by a statement of truth