Issuing Proceedings
This is the formal start of the court case. To start a claim, the claimant fills out a Form N1: Claim Form. This is the document that officially starts the legal proceedings. It sets out the names of the parties, a brief summary of the claim, and the value of the claim. You can find this form on the HM Courts & Tribunals Service form finder.
The claimant must decide whether to issue the claim in the High Court (for more complex or high-value claims) or the County Court. The Claim Form is then “issued” by the court (stamped and given a claim number). A court fee is payable at this stage, which is usually based on the value of the claim. You can find details of the fees in the EX50 leaflet.
The claimant must then “serve” the Claim Form on the defendant (the person the claim is against), usually by post or personal delivery. The date of issue is important because of “limitation periods” (deadlines for starting a claim).
Statements of Case
These are the formal documents that set out each party”s case. They are usually exchanged after the Claim Form has been served.
- Particulars of Claim: This is a detailed document setting out the full facts of the case, the legal basis for the claim, and what the claimant wants from the defendant (the “remedy”, e.g., money, an injunction). It is often served with the Claim Form. The content will vary depending on the type of dispute (e.g. breach of contract, professional negligence, etc).
- Acknowledgement of Service: Once the defendant receives the Particulars of Claim, they must file a Form N9: Acknowledgement of Service with the court to signal their intention to defend the claim. This must be done within a strict time limit (usually 14 days). See CPR Part 10.
- Defence: The defendant then has a further period (usually another 14 days, so 28 days in total from receiving the Particulars of Claim) to serve their “Defence”. This document responds to each point in the Particulars of Claim, admitting, denying or requiring the claimant to prove their allegations. See CPR Part 15.
- Counterclaim: If the defendant also has a claim against the claimant, they can include a “Counterclaim” with their Defence.
- Reply to Defence: The claimant can choose to file a “Reply to Defence” if they need to respond to new points raised in the Defence. This is not always necessary.