Issuing the Claim.
If the pre action process fails.
Claims must be issued within the require limitation period. For instance for Contracts, this is 6 years.
The next step is to issue the Claim. There is a cost involved and further the time limits of the Civil Procedure Rules must be adhered to.
Court costs can be found in form ex 50.
At times fee remissions (discounts) can be claimed.
CPR 7 sets out the general requirements to issue a claim and provides further details as to the requirements that need to be met.
Once a claim is received, there is a requirement to acknowledge receipt of the Claim within 14 days. Upon acknowledgement, a further 14 days is given in order to file a Defence. If these times cannot be met, then an extension could be agreed, or failing that an application to the Court must be made.
The Claim Form
The detailed requirements of the information contained in a Claim form are found in CPR 16.
The 2 key concepts that the Claim form must include is
(a) contain a concise statement of the nature of the claim;
(b) specify the remedy which the claimant seeks;
CPR 15 sets out the general requirements for a Defence, whilst CPR 16 specifies information in the Defence, the key information being:
(a) which of the allegations in the particulars of claim he denies;
(b) which allegations he is unable to admit or deny, but which he requires the claimant to prove; and
(c) which allegations he admits.
Where the defendant denies an allegation –
(a) he must state his reasons for doing so; and
(b) if he intends to put forward a different version of events from that given by the claimant, he must state his own version.
The Court want to know:
From the Claim form what the claimant says is wrong and what they want and
From the Defence why the defendant disagrees with the Claimant.