Commencement of the claim

Before starting a court case, the client should be fully aware of what will be involved. More precisely, he should have a good idea of what will happen next, as well as how long that might take and the likely costs.

Proceedings are commenced by lodging at a county court or High Court a completed claim form.

To activate the claim, this must be served on the defendant. The particulars, which are the full details of the claim, must also be served on the defendant.

If the defendant wishes to contest the claim, he must file at the court and serve on the claimant a defence.

The case, then, is allocated to a particular track.

A claim of up to GBP 5,000 will usually be allocated to the small claims track.

Claims exceeding GBP 5,000 and up to GBP 25,000 are usually allocated to the fast track.

Claims exceeding GBP 25,000 are usually allocated to the multi-track.

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