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.
Court costs can be found in form ex 50.
https://www.gov.uk/government/publications/fees-in-the-civil-and-family-courts-main-fees-ex50
At times fee remissions (discounts) can be claimed.
https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees
Requirements
CPR 7 sets out the general requirements to issue a claim and provides further details as to the requirements that need to be met.
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07
Acknowledgement
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.
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part10
The Claim Form
The detailed requirements of the information contained in a Claim form are found in CPR 16.
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16
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;
The Defence.
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.
Summary
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.