
How do I Start Court Proceedings?

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Disclaimer: the information published on this website is: (a) for reference purposes only; (b) does not create a contractual relationship; (c) does not constitute legal advice and should not be relied upon as such; and (d) is not a complete or authoritative statement of the law. Specific legal advice about your circumstances should always be sought.
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 should a Claim Form be served?
The claim form must be served on the defendant. The general rule is that service must be within four months after the date of issue, where the claim form is served within the jurisdiction, and within six months of the date of issue, where it is served out of 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. The particulars may be included on the claim form. However, in a complex claim, they are usually contained in a separate document.
When are Particulars of Claim served?
The particulars of claim must be served on the defendant within 14 days of service of the claim form in most courts (or within 28 days of service of the acknowledgement of service in the Commercial Court). Where a claim form is served at the end of its four or six months expiry period the particulars must be served 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 out deadlines for bringing legal claims, which are referred to as limitation periods. The purpose of limitation periods is to prevent legal claims from being brought too long after the cause of action accrued. The length of the limitation period varies with different types of legal claims.
Why is limitation in litigation important?
Limitation is not something that should be ignored. Where a party has a strong case, but the limitation period has expired, the claim will be likely to fail. Even in unusual circumstances, where a party is prevented from issuing its claim in time for reasons beyond its control, the court has no discretion to extend the limitation period in this type of claim. It is, therefore, crucial that limitation issues are considered at the outset of any potential claims.
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 early settlement at advantageous terms is not possible, we are extremely experienced and capable of navigating our clients through the litigation process.
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