Issuing Claims and Document Filing at Court

In the early stages of a litigation case the claimant must issue a claim form followed by a particulars of claim to the defendant in the appropriate form. It is very important that the claim form contains the key facts of the claim and remedies sought otherwise you risk delaying the litigation process. OneLaw Chambers and its expert solicitors and barristers are experienced in issuing claims, we can help with your case for a reasonable price.

Issuing Claims under CPR Part 7

Choosing the appropriate Claim Form 

Proceedings officially start when the court issues a claim form at the request of the Claimant. The prescribed forms for the claim are either in Form N1 or Form N1(CC) where the issue relates to the Commercial Court or the London Circuit Commercial Court. 

What goes into the Claim Form?

The starting point for the required content of a Claim Form are set out in CPR 16.2. It is extremely important to check the requirements for the specific claim form that you are issuing – where you are issuing in the Commercial Court or Financial List, for example, there may be different or additional requirements to those relevant to the Form N1.

The key information that must go into a Claim Form includes: 

  • The full name and address of the person or company you are suing
  • Where other persons are jointly entitled to the remedy that the claimant is claiming, they must be a party to the proceedings 
  • Contain a concise summary of the key facts and remedies sought 
  • If the claimant is representing one someone else's behalf, state what that capacity is e.g. power of attorney 
  • The content and location of the particulars of claim 
  • The value of the claim 
  • If the case involves foreign law
  • State whether the case includes any issues under the Human Right Act 1998
  • A statement of truth

Documents to be filed at Court 

The Particulars of Claim

The particulars of claim sets out the claimant’s case in detail, as opposed to the brief statement on the front of the claim form which simply sets out the nature of the claim and the remedy sought. 

The particulars of claim can be served on the defendant in three ways:

  • contained on the claim form itself;
  • served with the claim form as a separate document; or
  • served up to 14 days after the claim form is served (provided such service is effected within the period of validity of the claim form).

The particulars of claim must include the essential elements of the claimant’s cause of action. It must include the key facts backed up with evidence where appropriate. The particulars of claim should be drafted in a way that is easily understood and flows like a story.

The Defence and counterclaim documents

The person being sued has the choice to file a defence or defence and counterclaim document. In regards to the timing of the filing, the defence documents must be filed at court within 14 days of deemed service of the particulars of claim (or 28 days where an acknowledgment of service is filed). 

The content of the documents must include the following information: 

  • react to every point or allegation in the claimant’s particulars of claim; and
  • state full particulars of the defendant’s own case.

The defence or defence and counterclaim document can react in one of three ways to the allegations made by the Claimant: the defendant can either admit to the allegations, deny it or ask for proof.

Why Instruct OneLaw Chambers to issue your Claim Form and Document File a Claim?

Our Civil Litigation Solicitors and Barristers will fiercely and tenaciously represent you in putting forward the strongest possible case, ensuring that you are always satisfied with the manner in which we represent you and that a successful outcome is achieved in your case without significant cost and expense to you.

We are committed to ensuring that our Civil Litigation Solicitors and Barristers prepare every Claim Form, Particulars of Claim, Defence and Counterclaim or other necessary documentation with utmost quality and skill so that a successful outcome is achieved every time. Our Civil Litigation Solicitors and Barristers operate in a friendly and cooperative manner to provide our clients with the best client care and service during the entire civil litigation process.


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