Making a Claim
Filling in the Claim Form
The claim form has several parts which are important to consider and complete carefully.
A badly completed claim form can cause delay, waste costs and even lose the case.
Claim forms can be downloaded from the following link on the Court Service website – http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf
Those intending to fill out a claim form should also download the Court Service guidance form EX302 from the following link – http://www.hmcourts-service.gov.uk/courtfinder/forms/ex302_e0907.pdf
Names of Parties
A. When writing the name of the claimant if they are an individual their full name should be listed.
B. If a party is a sole trader carrying out a business in another name they should include their full name but list the name they are trading as (i.e. John Ebert Smith trading as Smithy Driving).
C. Where there are two claimants/defendant both full names should be listed above one another.
D. Where the claimants/defendants are partners in a business the name of the partnership or their individual names should be used
E. Where a limited company is a party it’s name should be used but it should specify whether the company is limited (‘ltd’ should not be used) or Plc
F. Where there are more than one defendant, their names should be written out in full and numbered first, second, third, etc.
G. Where a party is a mentally ill person or a child their full name should be written on the form with the name of the adult responsible for dealing with proceedings on their behalf named as their ‘litigation friend’ (i.e. Sam George Smith (acting through his litigation friend John Ebert Smith).
(1) Claimant’s Details
This is filled in simply by the claimant entering their full name to the right of the heading marked ‘Claimant’ and then fill out their home address.
(2) Defendant’s Details
This is filled in by entering the identity of the person who the claim is against to the right of the heading marked ‘Defendant’ and then fill out their full name below the identity.
(3) Claimant’s Address For Service
On the second page of the claim form at the bottom left hand side is a small box where the Claimant’s address for service is required. The address needs to be a place the Claimant intends to receive all legal correspondence to and from and is does not need to be the property they live in.
(4) Defendant’s Address For Service
This can be found at the first page at the bottom left hand corner. The rules on this are strict and if not served correctly there may be issues as to whether the claim can continue or may result in a judgment being set aside.
The address entered must be one of the following:-
A. Individual – at their usual or last known residence
B. Proprietor of a Business – usual or last known residence. Alternatively, you can use their main place of business or last known place of business
C. Corporation Other Than a Company Incorporated in England & Wales
- Main office of corporation or any place where it carries out its activities that has a real connection with the claim.
D. Company Registered in England & Wales
- Main office of the company or any place of business of the company that has a real connection with the claim (i.e. a local branch of a bank)
E. Any other company or corporation
- Any place in the jurisdiction where the corporation carries out its activities or any place of business of the company within the jurisdiction.
All addresses entered MUST include a postcode (to find a postcode search on www.royalmail.com).
(5) Brief Details of the Claim
Between the headings ‘Defendant(s)’ and ‘Value’ on the first page is a title asking for the basic explanation of the claim (i.e. debt due under a contract)
(6) Value of the Claim
Beneath the heading ‘Brief Details of the Claim’ on the first page of the form is the value. Here the Claimant states how much the Claim is worth.
(7) Human Rights
At the top of the second page is a tick box as to whether a claim involves human rights. Most claims do not so simply have the ‘No’ box ticked. This has little relevance to the claim but the ‘Yes’ box should be ticked if it is felt that either parties’ human rights are affected.
(8) Particulars of Claim (attached) (to follow)
Second from the top of the second page is a simple question as to whether the particulars of claim is attached, which can be done by attaching a separate sheet or filling out the space marked for the Particulars of Claim below. This is simply done by deleting as appropriate.
Although not necessary, it is often easier to complete the particulars of claim at the same time as claim form.
A precise and concise explanation of what your claim is about should be included below the heading in the box, including:-
1. Important dates – i.e. the date of the contract or accident
B. The roles of the parties – what the parties did that led them into a relationship that resulted in a claim. i.e. ‘the Defendant is a retail business selling stationary’)
C. The facts – what is behind your claim. i.e. ‘on the 5th of March 2008 the Defendant sold the Claimant one Zentex 210 Washing machine for £2 000.00’ ‘On the 4th April 2008 the Claimant attempted to use the Zentex 210 to wash 4 cotton shirts but the machine simply leaked water and failed to wash the clothes’.
D. Conclusions – what you are asserting. i.e. ‘the Defendant breached the contract because the Zentex 210 was not fit for purpose’.
(9) Specified Amount/Unspecified Amount
Directly beneath your particulars of claim you should confirm whether the amount of money claimed is a specified or unspecified amount. Sometimes money needs to be calculated at a hearing or may not have been calculated yet (where a car accident has caused personal injury for example).
(10) Interest
Claimants are allowed to collect interest on sums of money claimed. Interest can be calculated on various basis but must be pleaded within the Particulars of Claim.
A. Contractual – if there is an agreement and it was made between the Claimant and the Defendant but not if the parties to the contract have changed. The rate is set out by the contract.
B. Statutory – a defined rate for contract disputes where the rate of interest is unspecified currently set at 8% per annum
C. Discretionary – interest in other cases such as personal injury is at the discretion of the Court
D. Late Payment of Commercial Debts – where cases are taken by small companies against larger companies or public organisations a slightly higher rate of interest can be claimed on late a debt which is currently 8% above base rate.
Information on calculating rates of interest can be found within the guidance form EX302 referred to a the top of the page. If unsure about the rate of interest simply pleading interest to be determined at the final hearing should suffice.
(11) Statement of Truth
Special Cases
(i) Claims against bankrupts should be made to the trustee in bankruptcy. It is important to note that you need to ask the permission of the Court if you want to sue someone who had been made bankrupt unless the debt arose after the date of the bankruptcy.
(ii) Claims against companies in liquidation should be referred to the liquidator (information of which can be gained from Companies House.
(iii) Agents where a person acts on behalf of another, legal action should be brought against the principal (i.e. an case against a landlord should not be taken against its estate agents).
