COMMENCEMENT OF PROCEEDINGS
UNIT 5
SYLLABUS AREA 6. Commencing Proceedings
1. The Part 7 procedure
2. Validity, extension and service of claim forms
3. Service of other court documents within the jurisdiction
4. The Part 8 procedure
SYLLABUS AREA 7. Parties
2. Children and persons suffering from mental incapacity
SYLLABUS AREA 13. Case Management, Sanctions, Striking out
and Discontinuance
3. Case management
SYLLABUS AREA 22. Judgments, Orders and Enforcement
2. Enforcing money judgments – in particular paragraph 8 of the High
Court and County Courts Jurisdiction Order 1991 (SI 1991/724) at section
9B of Volume 2 of the White Book)
7.2— How to start proceedings1
,7.2
(1) Proceedings are started when the court issues a claim form at the
request of the claimant.
(2) A claim form is issued on the date entered on the form by the court.
(A person who seeks a remedy from the court before proceedings are
started or in relation to proceedings which are taking place, or will take
place, in another jurisdiction must make an application under Part 23.)
(Part 16 sets out what the claim form must include.)
7.2A1
7.2A
Practice Direction 7A makes provision for procedures to be followed when
claims are brought by or against a partnership within the jurisdiction.
7.3 Right to use one claim form to start two or more claims
7.3
A claimant may use a single claim form to start all claims which can be
conveniently disposed of in the same proceedings.
7.4— Particulars of claim1
7.4
(1) Particulars of claim must—
(a) be contained in or served with the claim form; or
(b) subject to paragraph (2) be served on the defendant by the
claimant within 14 days after service of the claim form.
(2) Particulars of claim must be served on the defendant no later than the
latest time for serving a claim form.
(Rule 7.5 sets out the latest time for serving a claim form.)
(3) Where the claimant serves particulars of claim on the defendant, the
claimant must, within 7 days of service on the defendant, file a copy of
the particulars unless a copy has already been filed.
(4) The claimant need not file a copy of the particulars of claim under
paragraph (3) if the claim is being dealt with at the Production Centre
, (under rule 7.10) or the Civil National Business Centre (under Practice
Direction 7C) and is not transferred to another court.
(Part 16 sets out what the particulars of claim must include.)
(Part 22 requires particulars of claim to be verified by a statement of
truth.)
PRACTICE DIRECTION
PD 7A
General
1.
7APD.1
Subject to the following provisions of this practice direction, proceedings
where both the High Court and the County Court have jurisdiction may be
started in the High Court or in the County Court.
Where to start proceedings
2.1
7APD.2
Proceedings (whether for damages or for a specified sum) may only be
started in the High Court if the value of the claim is more than £100,000.
2.2
Proceedings which include a claim for damages in respect of personal
injuries may only be started in the High Court if the value of the claim is
£50,000 or more (paragraph 9 of the High Court and County Courts
Jurisdiction Order 1991 (S.I. 1991/724 as amended) describes how the
value of a claim is to be determined).
2.3
A claim must be issued in the High Court or the County Court if an
enactment so requires.
UNIT 5
SYLLABUS AREA 6. Commencing Proceedings
1. The Part 7 procedure
2. Validity, extension and service of claim forms
3. Service of other court documents within the jurisdiction
4. The Part 8 procedure
SYLLABUS AREA 7. Parties
2. Children and persons suffering from mental incapacity
SYLLABUS AREA 13. Case Management, Sanctions, Striking out
and Discontinuance
3. Case management
SYLLABUS AREA 22. Judgments, Orders and Enforcement
2. Enforcing money judgments – in particular paragraph 8 of the High
Court and County Courts Jurisdiction Order 1991 (SI 1991/724) at section
9B of Volume 2 of the White Book)
7.2— How to start proceedings1
,7.2
(1) Proceedings are started when the court issues a claim form at the
request of the claimant.
(2) A claim form is issued on the date entered on the form by the court.
(A person who seeks a remedy from the court before proceedings are
started or in relation to proceedings which are taking place, or will take
place, in another jurisdiction must make an application under Part 23.)
(Part 16 sets out what the claim form must include.)
7.2A1
7.2A
Practice Direction 7A makes provision for procedures to be followed when
claims are brought by or against a partnership within the jurisdiction.
7.3 Right to use one claim form to start two or more claims
7.3
A claimant may use a single claim form to start all claims which can be
conveniently disposed of in the same proceedings.
7.4— Particulars of claim1
7.4
(1) Particulars of claim must—
(a) be contained in or served with the claim form; or
(b) subject to paragraph (2) be served on the defendant by the
claimant within 14 days after service of the claim form.
(2) Particulars of claim must be served on the defendant no later than the
latest time for serving a claim form.
(Rule 7.5 sets out the latest time for serving a claim form.)
(3) Where the claimant serves particulars of claim on the defendant, the
claimant must, within 7 days of service on the defendant, file a copy of
the particulars unless a copy has already been filed.
(4) The claimant need not file a copy of the particulars of claim under
paragraph (3) if the claim is being dealt with at the Production Centre
, (under rule 7.10) or the Civil National Business Centre (under Practice
Direction 7C) and is not transferred to another court.
(Part 16 sets out what the particulars of claim must include.)
(Part 22 requires particulars of claim to be verified by a statement of
truth.)
PRACTICE DIRECTION
PD 7A
General
1.
7APD.1
Subject to the following provisions of this practice direction, proceedings
where both the High Court and the County Court have jurisdiction may be
started in the High Court or in the County Court.
Where to start proceedings
2.1
7APD.2
Proceedings (whether for damages or for a specified sum) may only be
started in the High Court if the value of the claim is more than £100,000.
2.2
Proceedings which include a claim for damages in respect of personal
injuries may only be started in the High Court if the value of the claim is
£50,000 or more (paragraph 9 of the High Court and County Courts
Jurisdiction Order 1991 (S.I. 1991/724 as amended) describes how the
value of a claim is to be determined).
2.3
A claim must be issued in the High Court or the County Court if an
enactment so requires.
