Starting a Claim
A standard claim will begin with the Claimant issuing a Claim
Form at Court. This document should set out the basis for
the claim and contains further details what is called the
'Particulars of Claim'. The Claim Form and Particulars of Claim
are then served on the other party. Service is usually done
by the Court but can be done by the Claimant. If the latter
course of action is taken, the Claimant will need to notify the
Court that service has taken place by completing a 'Certificate
of Service'.
When the Defendant receives a Claim Form, they will have 14
days to notify the Court and the Claimant if they wish to submit
a Defence to all or part of the amount in dispute. The Defendant
notifies the Court by either filing (with the Court) and serving
(on the other side) a Defence, or an Acknowledgement of Service.
If an Acknowledgement of Service is filed, the Defendant would
then have a further 14 days to provide a Defence (i.e. 28 days
from service of the Claim Form).