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Many of the terms used in
court procedures are confusing to people who are not familiar with the courts.
Listed below are some of the most common terms - please click on to the terms
for the definition.
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Claim Form |
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A claim is the process whereby two
or more parties can settle their differences by using the court system. The
procedure starts with the Claim Form which is known as an N1 and used to be
called a Summons Form.
The Claim Form provides the Defendant with the
basis of the claim and the reply pack that is attached enables the Defendant to
make a response.
Completion of the Claim Form
requires strict attention to detail, the careful calculation of Statutory
Interest and accurate Particulars of Claim. Claim Link do all of this for you.
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Claimant |
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The Claimant is the
person making the claim. In the past the Claimant was known as the
Plaintiff. |
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Defendant |
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The Defendant is the
person or company from whom the Claimant requires settlement. |
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Defence |
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If the Defendant disputes
the claim he/she can forward to the court a defence. This should detail why the
claim is disputed and contain evidence to that effect. The Defendant usually
has 21 days from the date of issue of the claim to indicate that a defence is
to be filed and 28 days to file the defence. |
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Judgment |
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Judgment is any order
made by the court in favour of the claimant, the defendant or both. |
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Judgment in Default |
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If the defendant fails to
respond to the claim form within the period of 21 days judgment in default can
be applied for. This also applies if an Acknowledgement of Service is filed but
the Defendant fails to file a defence within 28 days of service of the claim.
This means that a judgment is entered for the full value of the claim and any
associated costs. The Claimant does not need to make a court appearance if
Judgment In Default is obtained.
If a court hearing is scheduled and
the Defendant fails to appear the Judge will file judgment on the evidence
before him/her. This is effectively a Judgement in Default and is usually for
the full amount of the claim plus interest, costs and expenses. |
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Set aside |
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If the defendant does not
agree with a judgment he/she can apply to the court for the judgment to be set
aside. Good reasons must be provided such as postal delays, out of the country
or illness.
When making a decision to set aside the judge will always
take into account whether or not the defence would have a good chance of being
successful. Set aside is not automatic and if declined interest still accrues
at the statutory rate of 8% for the delay period. |
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Enforcement |
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Obtaining a judgment does
not guarantee payment. The court will not automatically enforce a judgment and
it is necessary to instruct the court as to the enforcement option preferred.
An enforcement fee is payable to the court. |
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Small Claims track |
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The Small Claims Track is
the track to which monetary claims of not more than £5,000.00 are usually
allocated. The allocation to a particular track is decided by the District
Judge who may allocate the claim to a different track if there are other
prevailing factors. |
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Fast track |
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Disputes valued at more
than £5,000.00 but not more than £15,000.00. |
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Multi-track |
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Disputes over
£15,000.00. |
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Directions |
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When a claim is allocated
to a particular track the District Judge will issue directions to each side.
These will apply to the provision of documentation to the court and the other
side and the appointment of expert witnesses. Directions must be complied with, especially in respect of time
scales otherwise the claim can be struck out. |
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Notice of Issue |
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Following the issue of
the claim to the defendant a Notice of Issue is forwarded by the court to the
Claimant or the Claimant's solicitor. This document details the claim number
allocated by the court, the date of issue, the date of service, the method of
service and the final date when the defendant must respond. The response
options are also detailed. |
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Acknowledgement of service |
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If the defendant intends
to defend the claim an acknowledgement of service must be returned to the court
within the time scale specified on the Notice of Issue. A copy is forwarded by
the court to the claimant or claimant's solicitor. The defendant is allowed 28
days from the date of service to file a defence at the court. If this is not
filed within the 28 days Judgment in Default can be applied for. |
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Allocation
questionnaire |
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When a claim is defended
an allocation questionnaire is forwarded to both sides. These must be completed
and returned within the specified time - usually 14 days. This document
provides the District Judge with all relevant information for the allocation of
the claim to the appropriate track and the setting down of a hearing date. |
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Allocation fee |
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If the claim is for a sum
in excess of £1,500.00 a fee of £100.00 is required by the court.
This is in addition to the issuing fee - please see our page at
Fees & Costs |
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Request for Judgment |
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Judgment is not entered
automatically unless there is a court hearing. If there is no hearing an
application must be made to the court for judgment to be entered. |
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Strike out |
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If documents are not
filed on time, or there has been a breach of court procedure or the claim is
obviously spurious the court can strike the claim out. This means that the
claim ceases and no further action will be taken by the court. However, claims
can be re-instated if there is a good reason. |
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