All attempts to negotiate have so far failed and all pre-action requirements have been met. The C solicitor will fill out a claim form (N1) and file it at the court.
The Date the claim was commenced?
This is neither the date the form was completed and signed or the date it is sent. But the date of issue or commencement is the date stamped on the form. Make sure the issue date is within the Limitation period.
Which court to use?
In order to fill the claim form you need to decide which court you are using. Decide between the High Court and the County Court paying attention to geographical issues.
In deciding between the two consider: the cause of the action, its value and the nature of the case (PD 7).
- Cause of Action: specialist cases (J.review & Human Rights) tend to go to the High Court. Breach of contract and negligence claims can be begun in either the High Court or the county Court so following the general presumption, the county court should generally be used unless there is another reason to use the High Court.
- The value of the claim: Or the amount the claimant reasonably expects to get. The county court usually has unlimited financial jurisdiction subject to other factors. Therefore a claim for any amount can be begun here. The High Court however is limited to:
- PI claims (as defined in CPR 2.3 (1)) with a value of £50,000 or more.
- Other claims with a value of more than £15,000.
- The nature of the case will include:
- The financial value of the case
- The complexity of the facts
- The importance of the outcome to the general public.
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