How do I start a Claim?
It is not that difficult to start a claim, but you must make sure you do it in the right way.
This article tells you how to. To begin the process, you will need a Claim Form and a Particulars of Claim. The updated N1 Claim Form used to make a claim can be found on the government website.
The same two documents are required for a claim of any value. The Claim Form itself complies with requirements set out in the Court Procedure Rules (CPR). These rules govern the conduct of business in the courts of England and Wales.
The headings below correlate with the headings as they appear on the Claim Form.
Which Court?
Claims must be started in the correct court, and this is inserted at the top of the form. The appropriate court depends on the amount being claimed and the type of claim. Most claims begin in the county court, and you cannot start a claim in the High Court unless the value is more than £100,000. Entering the wrong Court on the Claim Form can lead to the claim being rejected.
Claimant and Defendant Address
Full name and address details for the Claimant (the person making the claim) and the Defendant (the person the claim is made against) will need to be inserted on the form in addition to other specifics and value of the claim.
Service
The term ‘service’ is the step where the Defendant is validly notified.
Further down the form, there is a box provided to insert an address for service to be affected upon the Defendant. A different address for the Defendant is only required for service of the Claim Form where the usual address of the Defendant is different to the one inserted previously on the form. One instance where this may be applicable is where the Defendant resides at a different address to their usual business address.
Fees
The amount of court fee to be paid when making the claim is dependent on the type and value of the claim (with any interest you may have calculated). The government provides guidance on fees and it is essential that the correct amount is inserted to avoid rejection of the claim and avoidable delays.
Legal representation
A litigant in person is the term used for an individual that does not have a lawyer. You will not need to insert a number in the box requesting ‘Legal Representatives Costs’ unless a lawyer has been instructed on your claim.
Particulars of Claim
The Particulars of Claim is a substantial document often consisting of many pages that is structured in line with the CPR. The purpose of this document is to fully set out details of the claim and the remedy you are seeking.
Although space is provided on the form to insert the Particulars of Claim, this is the only opportunity to set out the full details of your case. If you don’t the court may reject it. We recommend attaching the Particulars of Claim as a separate document.
Statement of Truth
The final part of the form is called a ‘Statement of truth’. Signing this section confirms truth and forms a declaration that any false statements could warrant proceedings for contempt of court, a crime punishable by fine and/or imprisonment.
Filing
Filing is the official step of submitting a document with court so that it becomes part of the claim.
Once the claim form is complete it is filed at the court with the correct court fee enclosed/paid. It is important that the claim is filed in the court compliant way.
Here to provide advice and guidance
Not sure what to do next with your claim? Pinpoint Lawyers is here to help. Reach out to us and we’ll walk you through the process and make sure your claim is set up properly from the beginning.