How to start a Civil Litigation Dispute and Money Claim

December 23

How to start a Civil Litigation Dispute and Money Claim

CIVIL LITIGATION, CIVIL LITIGATION NEWS 0 COMMENTS

For many litigants, starting a Civil Litigation Dispute and Money Claim can be an expensive and time-consuming process. It is therefore important that litigants fully exhaust the Pre-Action Protocol process and treat litigation through the Court as a last resort so that unnecessary time and expense of litigation could be avoided. However, if you are in the unfortunate position where there is lack of cooperation from the other side, issuing a Civil Litigation Dispute and Money Claim may be your only option. It is therefore important that you take proper legal advice to ensure that your Civil Dispute and Money Claim is prepared properly to ensure a successful outcome. Our Litigation Solicitors and Barristers can help you successfully issue and represent your Civil Litigation Disputes and Money Claims.

What is a Civil Litigation Dispute and Money Claim?

A Civil Litigation Dispute and Money Claim is a legal money claim issued in court for a specific sum of money or an unspecified sum of money. His Majesty’s Court and Tribunal Service (HMCTS) have created an online system for money claims to be issued and if you use the money claims online process to issue your claim, you can also save a little money on the court issue fee. Your Civil Litigation Dispute and Money Claim has to be supported by properly prepared Particulars of Claim setting out the essential facts of the claim, the relevant causes of action, reference to key documents, explain how causation has been established and the losses being claimed.

If you would like to know about your chances of making a Civil Litigation Dispute and Money Claim, you may want to speak to our expert Litigation Lawyers for legal advice and representation.

How do you start a Civil Litigation Dispute and Money Claim?

You start a Civil Litigation Dispute and Money Claim by issuing the claim online. You may to register a Money Claims Online account if you are issuing the claim yourself. Alternatively, you can instruct a solicitor to issue the claim on your behalf. CPR 7.2 states that:

“(1) Proceedings are started when the court issues a claim form at the request of the claimant.

(2) A claim form is issued on the date entered on the form by the court.”

Your Civil Litigation Dispute and Money Claim has to be supported by particulars of claim.

How to prepare Particulars of Claim which are compliant with the Civil Procedure Rules?

CPR 16.4(1) states that the Particulars of Claim for a Civil Litigation Dispute and Money Claim must include the following:

A concise statement of facts: You should set out a concise statement of facts in chronological order setting out the events that have given rise to your Civil Litigation Dispute and Money Claim.
A claim for interest under the correct basis: You should claim interest under the correct basis. This means if you claim is based on a contract and the contract allows contractual interest to be claimed, you will have to plead contractual interest. If there is no contractual interest, you will have to plead interest under section 69 County Courts Act 1984 if your claim is in the County Court and under section 31A Senior Court Act 1981 if your claim is in the High Court of Justice.
A claim for aggravated or exemplary damages must be clearly set out: If you are claiming aggravated damages or exemplary damages, you must clearly set out the basis of this claim and how you are claiming.
A claim for provisional damages must be clearly set out: If you are claiming provisional damages, you must clearly set out the basis of this claim and how you are claiming.
Such other matters as may be set out in a Practice Direction: You will need to ensure that you comply with any matters set out in the Practice Direction as to the form and contents of a Particulars of Claim.

What are the contents of a Particulars of Claim for Breach of Contract under paragraph 7 of Practice Direction 16?

It is important to note that for breach of contract claim, you must comply with Paragraph 7 of Practice Direction 16 in respect of the contents of your particulars of claim. In particular, you must set out the following:

“a copy (or copies) of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and (2) any general conditions of sale incorporated in the contract should also be attached (but where the documents are bulky it is acceptable to attach or serve only the relevant parts of the contract or documents).”

“where a claim is based upon an oral agreement, the particulars of claim should set out the contractual words used and state by whom, to whom, when and where they were spoken.”

“where a claim is based upon an agreement by conduct, the particulars of claim must specify the conduct relied on and state by whom, when and where the acts constituting the conduct were done.”

If you need help in preparing proper Particulars of Claim for your Civil Litigation Dispute and Money Claim, you may want to speak to our expert Litigation Solicitors and Barristers for legal advice and representation.

Where to start your Civil Litigation Dispute and Money Claim – County Court or High Court?

Under Paragraph 2.1 of Practice Direction 7A, your Civil Litigation Dispute and Money Claim should be started in the High Court of Justice if the following conditions are met:

The value of your claim is more than £100,000 or if your claim is a personal injury claim, the value of your claim is £50,000 or more;
If an enactment requires your claim to be issued in the High Court; and
By taking into account, the financial value of your claim and the amount in dispute; and/or, the complexity of the facts, legal issues, remedies or procedures involved; and/or, the importance of the outcome of the claim to the public in general, your claim is suitable to be dealt with in the High Court.

If the above conditions are not met, your Civil Litigation Dispute and Money Claim should be started in the County Court.

If you are unsure as to whether to start your Civil Litigation Dispute and Money Claim in the County Court or the High Court of Justice, you may want to speak to our expert Litigation Lawyers for legal advice and representation.

What is the appropriate Court Track that will be allocated to your Civil Litigation Dispute and Money Claim?

There are three possible Court Tracks that your Civil Litigation Dispute and Money Claim could be allocated: The Small Claims Track, The Fast Track or The Multi-Track.

There are number of differences between each of the tracks and the advantages and disadvantages of each track, which would be addressed in further detail in another article.

However, the Court decides which track your Civil Litigation Dispute and Money Claim is allocated usually based on the value of your claim as follows:

The Small Claims Track: this track is for claims whether the value of the claim is for no more than £10,000;
The Fast Track: this track is for claims whether the value of the claim, if issued before 6 April 2009, is for not more than £15,000 and if issued after 6 April 2009, is for not more than £25,000.
The Multi-Track: this track is for claims which exceed £25,000 and which cannot proceed under the Small Claims Track or the Fast Track process.

If you are unsure as to which Court Track applies to your Civil Litigation Dispute and Money Claim, you may want to speak to our expert Litigation Lawyers for legal advice and representation.

What are the advantages of using the Money Claims Online Service?

If you use the Money Claims Online service to issue your Civil Litigation Dispute and Money Claim, the following advantages apply:

You will pay a lower court issue fee: The Money Claims Online service allows you to pay a lower court issue fee than the paper-based claim.
The Court will serve the claim on your behalf: Under the Money Claim Online service, the Court handles the service of your claim and notifies you once the Defendant responds to your claim.
You can monitor the progress of your claim through the online portal and save hours trying to get hold of the Court by phone: You can log into your online account to check for any updates on your claim and the stage your claim has reached. In paper-based claims, you will have to contact the Court by phone and can be on hold for hours before you speak to a court advisor.
You can request judgment in default if the Defendant has not responded: You can request default judgment directly through the online portal if the Defendant has not responded to the claim. In paper-based claims, you may have to make a formal application, which will attract a court fee.

If you need help with preparing and submitting a strong Civil Litigation Dispute and Money Claim using the Money Claims Online service, you may want to speak to our expert Litigation Solicitors and Barristers for legal advice and representation.

Successfully issue your Civil Litigation Dispute and Money Claim with OneLaw Chambers

At OneLaw Chambers, our Litigation Solicitors and Barristers regularly assist with preparing and submitted well-prepared and strong Civil Disputes and Money Claims. We have assisted many clients to prepare and submit successful Civil Litigation Disputes and Money Claims. We are well equipped to advise, prepare and submit your Civil Litigation Dispute and Money Claim.

Whether you require expert advice on the requirements of the Civil Procedure Rules, an independent litigation assessment of your prospects of your civil litigation dispute and money claim, our Litigation Solicitors and Barristers can help you. We are committed to ensuring that our Litigation Solicitors and Barristers prepare every Civil Litigation Disputes and Money Claim with utmost quality and skill so that a successful outcome is achieved every time.

Our Litigation Solicitors and Barristers operate in a friendly and cooperative manner to provide our clients with the best client care and service during the entire application process and provide successful court representation.

Submit our Contact Form or contact us by phone or email to find out how we can help you with your Civil Litigation Disputes and Money Claim.

TAGS Civil Litigation Dispute, Court Representation, Money Claim