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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 |
| 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 |
| The Claimant is the person making the claim. In the past the Claimant was known as the Plaintiff. | |
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Defendant |
| The Defendant is the person or company from whom the Claimant requires settlement. | |
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Defence |
| 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 |
| Judgment is any order made by the court in favour of the claimant, the defendant or both. | |
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Judgment in Default |
| 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 |
| 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 |
| 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 |
| 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 |
| Disputes valued at more than £5,000.00 but not more than £15,000.00. | |
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Multi-track |
| Disputes over £15,000.00. | |
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Directions |
| 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 |
| Recent changes in the court procedure have enabled fixed costs for legal advice to be recovered. | |
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Notice of Issue |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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 |
| 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. | |
