What is a Claim Form?
A Claim Form is a document used to commence proceedings in the County Court or High Court.
There are a number of versions of the Claim Form but the one most commonly used is known as form N1. A copy of form N1 can be obtained from the Court or found on the Court Service’s website.
How do I complete form N1?
At the top right hand side of the form the name of the Court in which the proceedings are to be commenced should be stated. There are restrictions as to where proceedings can be commenced. The value of the claim often determines where the proceedings should be commenced. Generally a claim should not be started in the High Court unless the value of the claim is more than £25,000, or in the case of a personal injury claim £50,000 or more. The type of claim may also determine where the proceedings should be commenced as certain types of cases can only be issued in certain Courts. For example, a defamation claim can only be commenced in the High Court unless the parties have agreed otherwise in writing.
The Claim Number and Date of Issue will be filled in by the Court when it issues the proceedings.
Names of the parties
The Claimant is the person bringing the claim and the Defendant is the person against whom the claim is brought. Their names should be stated in full.
In the case of individuals their titles and, in the case of individuals carrying on business in a name other than their own name, their trading names should also be stated.
In the case of a partnership (other than a limited liability partnership) where partners are being sued in the name of the partnership, the full name of the partnership should be stated and proceeded by the words “(a firm)”. Where partners are sued as individuals the full name of each partner, including their titles, should be stated.
If the Claimant is claiming in a representative capacity or the Defendant is sued in a representative capacity, it is necessary to state what that capacity is.
In the case of companies, corporations and limited liability partnerships the full name including any suffix (for example plc) should be stated.
Immediately below the names the full address or each party should be stated.
Brief details of the claim
A concise statement setting out the nature of the claim should be provided specifying the remedy sought by the Claimant. If the Claimant’s only claim is for a specified sum and interest is claimed this should be stated.
If the claim is for money the value of the claim is the amount claimed not including and interest or legal costs claimed.
Where a specified sum is claimed the amount of money claimed should be stated. Where the claim is not for a specific amount the Claimant, is in general, required to state that he expects to recover not more than £5,000, more than £5,000 but not more than £25,000, more than £25,000 or that he cannot say how much is likely to be recovered.
There are specific rules relating to the statement of the value in relation to personal injury claims, housing disrepair cases and proceedings commenced in the High Court.
Defendant’s name and address
The address upon which the Defendant is to be served with the proceedings should be stated. This may not be the same address as that set out above. For example, the address for service may be the Defendant’s solicitors’ address if his solicitors have asked for the Claim Form to be served on them.
In the box at the bottom right hand side of the first page of form N1 the sums claimed should be set out.
The amount claimed is the principal sum claimed together with any interested claimed.
For example, if the amount claimed is £100 and interest is claimed at the rate of 8% from the date of the invoice, which say was dated 1 January 2010, to the date of the Claim Form, which say is 1 March 2010, the amount claimed will be £101.29 in total (£100.00 being the principal sum claimed + interest of £1.29).
Interest is calculated as follows:
The principal sum claimed (£100.00 in this example) = £100.00
÷ 100 = £1.00
× the percentage rate of interest claimed (8% in this example) = £8.00
÷ 365 (the number of days in a year) = £0.0219
× the number of days in the period during which interest is
claimed (59 days in this example) = £1.29
For more information on:
- Court fee
- Solicitors costs
- Total amount
- Human Rights issues
- The Particulars of Claim
- The Statement of Truth
- Address for service