Part 7 Claim Form under the Civil Procedure Rules

 

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The Part 7 claim form holds paramount importance in civil litigation as it serves as the cornerstone for initiating legal action. It is the standard form used to initiate a claim in the county court for most types of civil disputes.

Part 7 of the Civil Procedure Rules (CPR) sets out the procedures for bringing a claim in the civil court. The claim form is the formal document that starts the legal process. It contains essential information about the claimant (the person bringing the claim), the defendant (the person being sued), and the details of the claim being made.

The Purpose of the Part 7 Claim Form

 

The primary purpose of the Part 7 claim form (also referred to as Form N1) is to provide a concise summary of the Claimant’s case, outlining the nature of the claim, the parties involved, and the relief sought. It acts as a formal and official document that commences the legal proceedings in the County Court. It is the standard form used for most types of civil disputes, including contract disputes, personal injury claims, property disputes, and debt recovery cases.

The Part 7 claim form is typically used when the Claimant is seeking a monetary remedy or a non-monetary relief that falls within the jurisdiction of the County Court. The jurisdiction of the County Court generally applies to claims with a value of up to £100,000, although there are exceptions and specific monetary limits for certain types of claims. Claims over £100,000 would be generally issued in the High Court.

By submitting the Part 7 claim form, the Claimant formally asserts their claim and initiates the legal process, and it is often accompanied with supporting documentation such as Particulars of Claim (to set out the claim in further detail) and, if any losses are sought, a Schedule of Loss particularising the heads of loss and how they have been calculated (these are common in higher value personal injury cases). A Defendant can either admit or defend the claim made by the Claimant:

7.8

(1) When particulars of claim are served on a defendant, whether they are contained in the claim form, served with it or served subsequently, they must be accompanied by –

(a) a form for defending the claim;

(b) a form for admitting the claim; and

(c) a form for acknowledging service.

 

Key Components of the Part 7 Claim Form

 

Court Details:

The Claimant must specify the name and address of the court where the claim is being filed, such as the county court. This ensures that the claim is brought before the appropriate jurisdiction. 

Parties Involved:

The Part 7 claim form requires the Claimant to provide their full name and address, as well as those of the Defendant. Accurate identification of the individuals or entities involved is vital to ensure the proceedings proceed correctly.

Summary of Facts and Legal Basis:

This section provides a succinct summary of the factual background and legal grounds on which the claim is based. It is essential to present a clear and coherent account, outlining the key events and circumstances that led to the dispute. This summary enables the court to grasp the essence of the claimant’s case and lays the foundation for subsequent legal arguments.

Relief Sought:

The Part 7 claim form mandates that the claimant specifies the desired remedy or relief sought from the court. Whether it is financial compensation, an injunction, specific performance, or any other appropriate form of relief, clarity regarding the desired outcome helps the court and the defendant understand the objectives of the claim.

Claimed Amount:

In cases involving a monetary dispute, the claimant must state the exact amount being claimed. This provides the court and the defendant with a clear understanding of the financial implications of the claim. It helps determine the jurisdiction of the court, as different courts have specific monetary limits for their jurisdiction. If the claim is regarding a contract, then the amount being claimed is usually fixed; however, if the claim is regarding compensation or example, the claimant must set out the amount they expect to recover from proceedings.  The amount claimed also reflects the level of issue fee payable, with cases valued in excess of £10,000 attracting a fee of 5% of the amount claimed, up to a maximum Court issue fee of £10,000.

Supporting Documents and Evidence:

The Part 7 claim form allows the Claimant to attach supporting documents and evidence that substantiate their claim. These documents can include contracts, correspondence, invoices, photographs, expert reports, or any other material that strengthens the case.

Significance and Consequences of the Part 7 Claim Form

 

The Part 7 claim form plays a pivotal role in the civil court process. It triggers the legal proceedings, notifying the Defendant of the claim and the allegations made against them. The claim form and its supporting documents also set out the exact case being pleaded against a Defendant, and therefore it must be accurate, failing which the case may later fail on the basis that it has been inadequately pleaded.  The Defendant must respond within a specified period by filing a Defence or other appropriate documents. Failure to respond within the given timeframe can result in a default judgment in favour of the Claimant.

Furthermore, the Part 7 claim form sets the procedural framework for the subsequent stages of the court process. It helps the court determine the appropriate track for the claim, such as the small claims track, fast track, or multi-track, based on the complexity and value of the claim. The claim form’s contents also influence the court’s case management decisions, such as the need for disclosure, witness statements, or expert evidence.

How can ARC Costs Assist?

 

Our team of specialist cost lawyers and cost draftsmen are highly knowledgeable in all legal costs disputes.  When it comes to issuing a Part 7 Claim Form, it is crucial that you consider your costs position from the outset.  If you are a legal representative, it would be prudent to review your retainer is all in order and allows for appropriate hourly charging rates, given at this juncture you will now now what the complexity and value of the case is.

You will also be in an early position to consider whether costs budgeting will apply, for which you will likely need the input of a costs specialist to quantify your costs

Our team regularly assist in various legal costs matters, such as recovering legal costs by drafting your Bill of Costs, as well as Points of Reply and negotiating your Bill of Costs with the other side before advising on whether the claim should proceed to a Detailed Assessment Hearing.

We can be contacted via email at info@arccosts.co.uk or by telephone at 01204 397302. For more information on legal costs, please find out more about our speciality areas of expertise and our services on our legal costs page.

 

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