How Do You Issue Court Proceedings?

As a firm of specialist litigation solicitors we are routinely instructed to issue and defend court proceedings, pursuing or defending a legal dispute through the court’s process. Issuing a claim is an important, formal, essential step that a claimant must take properly to ensure their claim has the best possible prospect of success. 

The party issuing court proceedings must also follow specific rules to avoid sanctions. 

A common misconception in litigation is that the court or a judge will take ownership of the dispute and that its only necessary to get basic information or details to the court. This couldn’t be further from the truth; a defendant only has to respond to the claim as presented to it and there are cost implications including possible sanctions for a party who later seek to amend their claim (or Defence). Care is therefore needed at the outset to ensure a claim is issued in the strongest possible terms to give you the best prospects of winning. 

This article explains what it means to issue a claim, how to issue proceedings, and the Pre-action Protocols a claimant must follow. For more information, contact a member of our litigation team at Helix Law today. We act in court proceedings in courts across the country, nationally, with much of our work involving the High Court in London.

What Does It Mean to Issue a Claim? 

Issuing a claim means formally commencing a legal case through the court. It starts with the person or entity making the claim (the claimant), completing and sending the necessary documents to the court. They will usually do this after pre-action correspondence and alternative options for resolution, such as mediation or arbitration, have been unsuccessful. 

Essentially when a claim is issued, the court process starts. A defendant will have the opportunity to defend and the dispute will advance towards an eventual trial, if there is no agreement beforehand. 

What Are Pre-action Protocols? 

Pre-action Protocols are procedural guidelines that all parties must consider and comply with before a claim is issued. A claimant must follow any/all applicable pre-action protocols before issuing a claim at court starting proceedings. Specific protocols exist for different types of dispute, which the claimant must consider in detail. The general aim of protocols is to try to encourage parties in a dispute to try to resolve their differences and avoid the need for litigation. Generally this will require a Claimant to send a Letter of Claim to the Defendant, setting out their case in detail, inviting a response and making clear what their losses are.

For example, the Pre-action Protocol for Debt Claims requires the creditor to send a Letter of Claim to the debtor before starting proceedings to explain what they believe they’re owed and the basis of their case. All protocols have similar steps and hallmarks.

What Is the Primary Purpose of Pre-action Protocols? 

These guidelines aim to reduce the amount of litigation before the courts, and to avoid legal proceedings wherever possible. They encourage parties to communicate openly, exchange relevant information, and try to reach a settlement if possible. 

The protocols form an important part of the court’s overriding objective, which is to deal with cases justly and at proportionate cost. 

Why Are Pre-action Protocols Important? 

Pre-action Protocols are important to follow as failure to do so can result in costs sanctions later. For example, a claimant who issues their claim without first communicating with the other party (the defendant) may be ordered to pay the defendant’s costs incurred in the litigation as a result of issuing proceedings prematurely, even if they go on to win. A party’s reasonableness is an important factor for the court when determining the issue of costs – if a party has ignored the protocols they will likely be seen as having acted unreasonably and will face sanctions.

How to Issue Court Proceedings 

A claimant must follow the below steps to ensure they complete and file their application correctly:

1. Complete the Claim Form and Particulars of Claim

The first step is to complete the claim form, which formally begins proceedings. The standard document for most cases is Form N1, but the applying party should seek legal advice on the appropriate form to ensure they file the correct one. The claimant must provide both parties’ details and a brief description of their case, including what remedy they seek. 

They will also usually need to draft a Particulars of Claim (PoC). This is an incredibly important document that should set out in far more detail the case facts, relevant law, and remedy sought. Ideally, the claimant should file the PoC with the claim form. If not, they have 14 days after the deemed date of service of the claim form, to serve the PoC. 

2. Issue the Claim Form

The applicant must then send their documents to the court, which they can do online for certain debt claims or more generally by post in most cases. 

It is important to determine the appropriate court to start proceedings, usually the County Court for claims under £100,000 or the High Court for more complex claims or those over £100,000. 

3. Serve Documents on the Defendant

Once the court receives and processes the claim, it usually sends a copy of the relevant documents to the defendant. In some cases, procedural rules dictate that the claimant must serve the documents – it is always important that a claimant check this and does not automatically assume the court will do it. 

If the claimant is responsible for serving the documents, they must comply with the procedural rules governing service, namely, Civil Procedure Rule (CPR) Part 6. They must send the claim form and PoC by post, email (if the defendant agrees), or hand delivery. If serving the claim form within the UK, the claimant will have four months from the date of issue to serve. The deadline for service outside of the UK is six months from the date of issue. Failure to comply with this deadline will likely result in the claim being invalid. 

4. The Defendant Files Their Defence

Following service of the relevant documents, the defendant must comply with the following deadlines for filing their defence to the claim: 

• They have 14 days from the date of service to either file a Defence or acknowledge the claim by filing an Acknowledgment of Service (AoS). 
• If they file an AoS, they have a further 14 days to submit their defence. 

A failure to respond within the above timeframes means the claimant can ask for a default judgment, where a judge may conclude the case in the claimant’s favour without hearing from the defendant. 

What Happens When Court Proceedings Are Issued? 

When the court issues proceedings, it allocates a case number to the dispute and returns the documents bearing its seal to the applicant. Depending on the case’s complexity, it may also make an order containing initial directions. 

The defendant may admit or deny every part of the claim, and may also file a counterclaim if they have a claim against the claimant. 

How Long Does It Take to Issue Court Proceedings in the UK? 

The time it takes for the court to process a claim varies depending on the court’s processing times. It is possible that the most straightforward claims can be issued within a few days, whereas other cases can often take a matter of weeks. 

Frequently Asked Questions

What Does Subject to Court Proceedings Mean?

A matter described as “subject to court proceedings” is a legal dispute dealt with via the courts. An individual or company might also be described as being subject to proceedings, meaning they’re a party to a formal court dispute. 

Who Is the Person Who Issued the Proceedings?

The person or entity that issues proceedings is known as the claimant. They are the party seeking a legal remedy from another party they believe has caused them to suffer loss. They are the party who submits the claim form and commences proceedings. 

Final Thoughts

Commencing formal proceedings by the issuance of a claim is an incredibly important step. Although it may appear straightforward, ensuring compliance with the (any relevant) pre action protocol, and getting the content of the Claim Form and Particulars of Claim correct, is fundamentally important, and often the impact and importance will only be realised at trial. To ensure compliance with the relevant protocol and to maximise your chances of success, you must follow several steps carefully. Completing the claim form and PoC accurately will be vital, as is filing the documents with the appropriate court. Failures can result in cost sanctions and in the most extreme instances, cases being struck out. 

Managing this process can be complex, so seeking professional guidance can give you the reassurance you need. Our specialist litigation team act in commercial, property and construction disputes across the country. If you are in a dispute and are contemplating issuing court proceedings, our team would love to assist you. Contact Helix Law today for expert advice and we will be happy to help.