Steadfast Solicitors Ltd

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      • Challenging Office Holders Remuneration
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        • Statutory demands and setting them aside
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    • Civil Disputes & Litigation
      • The Civil Litigation process
        • The pre action stage of litigation
        • Issuing and Defending a Claim
        • Allocating a claim to a Court and the Court allocating it to a track
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Issuing and Defending a Claim

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.

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Steadfast Solicitors Limited

Aiming to providing clear cost effective legal advice & representation

Practicing in civil litigation, commercial litigation, insolvency/bankruptcy and employment law; ensuring that our clients are aware of the limitation of the legal process and the risks/rewards of litigation.

We also give advice in regard to probate law and Legal assistance in India for NRI and Companies

In order to improve our service, we also want to know where our clients feel that we could improve or if we have gone wrong. Our Complaints procedure can be found here.

Our Advantages

[icon name=”check-square-o” class=”” unprefixed_class=””] Approachable and friendly

[icon name=”check-square-o” class=”” unprefixed_class=””] After hours appointments

[icon name=”check-square-o” class=”” unprefixed_class=””] Accessible, with on site parking.

 

 

 

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Our Services

  • Fee information
  • Civil Disputes & Litigation
    • The Civil Litigation process
    • Tort Law
    • Property Disputes
    • Contract Law
  • Employment Law
  • Insolvency Law
    • Challenging Office Holders Remuneration
    • Bankruptcy Law
    • Company Insolvency
  • Wills & Probate
  • Legal assistance in India for NRI and Companies
  • Setting Aside Liability Orders

Contact Us

  •       Head Office 

    Suite 110
    152 – 154 Coles Green Road
    London NW2 7HD

    Ealing Branch       

  • Aurora
    71-75 Uxbridge Road
    Ealing, W5 5SL
  • 0208 438 6322
  • law@steadfast-solicitors.co.uk

 

 

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