How Do I Start Court Proceedings?
Kan Law
Solicitor
Our lawyers specialise in dispute resolution. We will guide you through any stage in your litigation process and explain the process of court proceedings. Whether you are a litigant in person seeking legal advice or you have instructed solicitors and are seeking a second opinion on strategy.
Disclaimer: This website provides information for reference only. It does not create a contract, offer legal advice, or present a complete or authoritative statement of the law. Always seek specific legal advice for your situation.
How do I start court proceedings?
You start court proceedings by issuing a claim form. At the same time, you can set out more details of your claim in Particulars of Claim. Once this has happened, the case has started and the Defendant will be under strict deadlines to file a Defence.
How to start the proceeding?
The claimant starts proceedings by issuing a claim form and paying the required fee.
What do I put in a Claim Form?
The claim form contains a concise statement of the nature of the claim and the remedy sought (for example, damages). Where the claimant is making a claim for money, the claim form must also include a statement of value of the amount claimed.
When must you serve the Claim Form?
You must serve the claim form on the defendant. Generally, you must serve it within four months of the issue date if serving within the jurisdiction, or within six months if serving outside the jurisdiction.
What are the Particulars of Claim?
The particulars of claim must set out full details of the claim, including the alleged facts on which the claim is based. You may include the particulars on the claim form. However, in complex claims, you usually provide them in a separate document.
When must you serve the Particulars of Claim?
Serve the particulars of claim on the defendant within 14 days of serving the claim form in most courts—or within 28 days of serving the acknowledgement of service in the Commercial Court. If you serve the claim form at the end of its four- or six-month expiry period, serve the particulars at the same time.
Do I need to instruct a barrister to draft particulars of claim?
In some cases, it may be appropriate to instruct an independent barrister or counsel before, or shortly after, proceedings have commenced. Working in conjunction with our litigation solicitors, specialist independent counsel can give advice on the merits and assist with the preparation of the statement of case.
What is a limitation period?
The law sets deadlines for bringing legal claims, called limitation periods. These periods prevent claimants from filing claims long after the cause of action arose. Different types of claims have different limitation periods.
Why is limitation in litigation important?
You should not ignore limitation. If a party has a strong case but misses the limitation deadline, the claim will likely fail. Even in unusual situations where a party cannot file on time for reasons beyond its control, the court cannot extend the limitation period for this type of claim. Therefore, you must consider limitation issues at the start of any potential claim.
When does time start running on a claim?
Once the cause of action has accrued, the time for bringing a legal claim will start to run and the limitation period will begin. In order to stop time running before the expiration of the limitation period in relation to a particular cause of action, you would need to either issue a claim form in Court or enter into a standstill agreement with your opponent.
Instructing our Litigation Lawyers
We ensure that we provide the best possible outcome for our clients by conducting in-depth investigations and research into the realistic prospects of a case before selecting the appropriate course of action in order to reduce time and expense. Liability for costs is always an issue in litigation and based on our extensive litigation experience we provide our clients with as much strategic, practical as well as carefully considered legal advice in order to ensure minimum risk in respect of costs. Where appropriate we encourage the use of alternative dispute resolution (such as mediation and without-prejudice negotiation) and our lawyer’s negotiation skills are first-class. If you cannot settle early on advantageous terms, we guide you confidently through the litigation process.
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