How do you issue court proceedings?
As a specialist litigation firm, we are regularly instructed to initiate and defend court proceedings. We pursue or defend a legal dispute using the court’s processes. A claimant should take the proper steps to properly file a claim. This is an important formal step that will ensure their claim’s best chance of success.
The person who initiates court proceedings must follow certain rules in order to avoid sanctions.
A common misunderstanding in litigation is that a court or judge will take ownership and that it’s only necessary to provide basic information or details to court. This is not true. A defendant must only respond to the claim that has been presented to them. There are also costs and sanctions that may be imposed on a party who tries to amend the claim. To increase your chances of winning, you need to take care to issue a claim in the strongest terms possible. This article explains the meaning of a claim and how to file proceedings. It also explains the Pre-action Protocols that a claimant should follow. Contact a member of the litigation team at Helix Law for more information. We represent clients in court proceedings across the country and nationally. A large part of our work involves the High Court in London.
Issuing claim means officially starting a legal case in court. The person or entity that makes the claim (the “claimant”) must complete and send the necessary documents to court. Usually, they will do this only after pre-action communication and other options for resolution have failed, such as arbitration or mediation. The court process begins when a claim has been filed. If there is no agreement, the defendant will be able to defend themselves and the dispute will progress towards a trial if it has not been settled. What Are Pre-action Protocols?
Preaction Protocols are guidelines for procedural procedures that all parties should consider and follow before a claim can be filed. Before a claim is filed at court, the claimant must adhere to any/all pre-action protocol that may be applicable. There are specific protocols for different types disputes, which claimants must carefully consider. In general, protocols are designed to encourage disputing parties to settle their differences without resorting to litigation. The Pre-action Protocol for Debt Claims, for example, requires that the creditor send a letter of claim to the debtor prior to initiating proceedings to explain the basis of the case and what they believe to be owed. All protocols have similar steps and hallmarks.
What Is the Primary Purpose of Pre-action Protocols? These guidelines are designed to reduce the number of court cases and avoid legal proceedings whenever possible. They encourage parties to communicate, exchange relevant information and try to reach an agreement if possible.
The protocol is an important part of court’s main objective, which aims to handle cases fairly and at a proportionate cost. Why Are Pre-Action Protocols Important?
It is important to follow Pre-action Protocols as failure to comply can result in cost sanctions later. Even if a claimant wins, they may have to pay the costs of the defendant if they issue proceedings prematurely. A party’s reasonableness is an important factor for the court when determining the issue of costs – if a party has ignored the protocols they will likely be seen as having acted unreasonably and will face sanctions.
How to Issue Court Proceedings
A claimant must follow the below steps to ensure they complete and file their application correctly:
1. Complete the Claim form and Particulars of Claim
The claim form is the first step in the legal process. Form N1 is the standard document in most cases, but it’s important to seek legal advice before filing the form. The claimant will need to provide the details of both parties and a short description of their case. They should also include what remedy they are seeking.
They’ll also need to draft a Particulars Of Claim (PoC). This document is extremely important and should provide more details about the facts of the case, applicable law, and the remedy sought. The claimant should ideally file the PoC along with the claim form. If they do not, then they have 14 days from the deemed service date of the claim form to serve the PoC. Issue the Claim form
The applicant will then need to send their documents to court. They can do this online for certain debt claims, or by post in the majority of cases.
It’s important to decide which court is the most appropriate to begin proceedings. Usually, the County Court will handle claims below PS100,000. The High Court will handle more complex claims, or those above PS100,000. Serve Documents on the Defendant
Once the court receives and processes the claim, it usually sends a copy of the relevant documents to the defendant. In some cases procedural rules require that the claimant serve the documents. It is important to check and not assume that the court will handle it.
If it is the claimant’s responsibility to serve the documents, then they must follow the procedural rules for service, which are found in Civil Procedure Rule (CPR), Part 6. The claim form and POC must be sent by email (if the defendant consents) or hand delivery. The claimant has four months to serve the claim form if it is served within the UK. The deadline to serve outside the UK is 6 months from the date the claim form was issued. The claim will be invalid if you fail to comply with the deadline.
4. The Defendant Files Their Defence
Following service of the relevant documents, the defendant must comply with the following deadlines for filing their defence to the claim:
They have 14 days from the date of service to either file a Defence or acknowledge the claim by filing an Acknowledgment of Service (AoS). If they file an Acknowledgement of Service (AoS), they have another 14 days to submit a defence.
If the defendant fails to respond within these timeframes, the claimant may request a default judgement. This means that a judge can decide the case in favor of the claimant without hearing from them. What Happens When Court Proceedings are Issued? When the court starts proceedings, it assigns a case code to the dispute. It also returns to the applicant the documents with its seal. It may also issue an order with initial directions, depending on the complexity of the case. The defendant can admit or deny all parts of the claim and can also file a Counterclaim if the claimant has a claim against them. How long does it take to issue court proceedings in the UK? The time it takes the court to process your claim depends on the court processing times. Some claims can be processed within a few hours, while others can take weeks.
Frequently Asked Questions
What Does Subject to Court Proceedings Mean?
A matter described as “subject to court proceedings” is a legal dispute dealt with via the courts. A person or company can also be described as “subject to proceedings”, meaning that they are a party in a formal court dispute.
Who Is the Person Who Issued the Proceedings?
The person or entity that issues proceedings is known as the claimant. They are the party who is seeking legal recourse from another party that they believe has caused a loss. They are the one who submits a claim form and initiates the proceedings.
Final Thoughts
Commencing formal proceedings by the issuance of a claim is an incredibly important step. It may seem simple, but ensuring compliance with (any relevant) pre-action protocol and getting the Claim Form and Particulars of Claim right is crucial. Often, the impact and importance of this step will only be realized at trial. To maximize your chances of success and ensure compliance with any relevant protocol, you need to follow several steps. It is vital to complete the claim form and PoC correctly, as well as to file the documents at the appropriate court. Failures may result in financial sanctions or, in extreme cases, the dismissal of a case.
This process can be complicated, so professional guidance will give you the assurance you need. Our litigation team is experienced in handling commercial, property, and construction disputes throughout the country. Our team is happy to help you if you are involved in a dispute or are considering bringing a court case. Helix Law is happy to provide expert advice. Contact us today.
