Claim form
Disputes & Litigation

A formal written statement setting out the particulars of the claimant, the defendant and the remedy being sought in legal proceedings. A Claim Form is used to commence civil litigation in the United Kingdom. It may be issued under either Part 7 or Part 8 of the Civil Procedure Rules.  The introduction of this form replaced all the previous methods of commencing litigation in the UK, such as an originating summons and writ of summons.

Commencing Legal Proceedings

Part 7 proceedings are by far and away the most common form litigation in the United Kingdom. The claim form may incorporate the particulars of claim; however a litigant usually prepares particulars that are separate to the claim form. Commencement of proceedings takes place after service of the Claim Form and particulars of claim upon the defendant(s). Thereafter, the defendant must file an acknowledgment of service and file a Defence within limited time periods, unless settlement is agreed between the parties. After allocation of the proceedings to one of the fast track or multi-track (for the purposes of case management), the court will make directions for the future conduct of the litigation. The pre-trial procedures that will be included in the directions include disclosure and preparation of expert and lay evidence. Case management conferences may be held to set and maintain a proper timetable for the proceedings leading up to the final hearing. Once these interim processes have been completed, the litigation will proceed to the final hearing, where the court will determine the parties’ rights. The parties are generally at liberty to make interim applications to apply for court orders where the other party is in default or there are issues that ought to be heard by the court prior to the full hearing, such as security for costs applications.

Alternative Procedure

Part 8 claims allow persons to approach the court to answer a question of law where there is no substantial dispute as to the facts. These legal proceedings have a higher degree of focus than Part 7 Claims, and as a result tend to be more time and cost effective - provided that the dispute falls within the matter permitted to be heard in the Civil Procedure Rules. Proceedings commenced under this Part may be transferred on an application to the Part 7 procedure if they have been inappropriately commenced under Part 8. The questions to be determined under Part 8 may relate to the construction of a legal document, such as a contract; administration of an estate or other matters contemplated by the Practice Direction.

There are other differences between proceedings commenced in Part 8 and Part 7. A Part 8 Defendant is not required to file a Defence and Summary Judgment is not available. Applicants generally seek declarations under the documents presented to the court, to determine the parties’ respective rights.