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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 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. |
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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. |
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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 is the first stage in
settlement. Is is often necessary to enforce the judgment using one of the
enforcement options. The court will not automatically enforce a judgment and it
is necessary to instruct the court as to enforcement option preferred. Please
see or page at Enforcement. |
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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.
Personal injury claims of less than £1,000.00 and housing disrepair
claims for a similar amount can also be allocated to the Small Claims Track.
The allocation to a particular track is decided by the District Judge who may
take into account other factors when making the allocation. |
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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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Fixed
costs |
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Recent changes in the court procedure have enabled fixed
costs for legal advice to be recovered. |
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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
£1,000.00 a fee of £80.00 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 and an
application must be made to the court for judgment to be entered. The form for
this purpose is integrated into the Notice of Issue. |
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Counter
Claim |
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The Defendant has the right to make a counter
claim. If they believe that the claim is spurious or malicious they can respond
to the claim form with a claim for their own losses - a counter claim. They
must pay the equivalent fees that apply to a claim and must present cogent
evidence when required. |
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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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