9.1 Starting Court Action
Our experts have prepared these LPC notes on starting court action for you. If you would like one of our LPC-qualified experts to prepare a fully custom essay or an LPC coursework assignment for you, click here to place your order. Our LPC-qualified team can also draft clauses and contracts for you.
Under CPR 7.2, proceedings are started when the Court issues a claim form at the request of the Claimant. A claim form is issued on the date entered on the form by the Court.
Contents of the Claim Form
CPR 16.2 sets out exactly what the claim form must include and states that it must:
- (a) contain a concise statement of the nature of the claim;
- (b) specify the remedy that the Claimant seeks;
- (c) where the Claimant is making a claim for money, contain a statement of value in accordance with rule 16.3;
- (cc) where the Claimant's only claim is for a specified sum, contain a statement of the interest accrued on that sum; and
- (d) contain such other matters as may be set out in a practice direction.
(2) If the particulars of claim specified in rule 16.4 are not contained in, or are not served with the claim form, the Claimant must state on the claim form that the particulars of claim will follow.
(3) If the Claimant is claiming in a representative capacity, the claim form must state what that capacity is.
(4) If the Defendant is sued in a representative capacity, the claim form must state what that capacity is.
(5) The court may grant any remedy to which the Claimant is entitled even if that remedy is not specified in the claim form.
Under Part 22, all claim forms have to be verified by a statement of truth.