Who issues a claim- Court or claimant?

[ThedaBara]

Hello!! I wonder if anyone can help, please?

 

Whose responsibility is it to serve a claim form and response pack on a defendant… the claimant or the court?

 

All information seems to state that the court is responsible;

 

Two copies of the form, and supporting evidence should be sent to the court, together with the fee (cheque payable to HMCTS) unless the application has been made online.

The court will then ‘issue’ the claim (sealed or stamped with a red, circular seal) and a ‘notice of issue’ will be sent back to the claimant confirming that their claim has begun. The court will then take responsibility for sending the information to the defendant – or person against whom the claim is being brought.

 

My claim was issued by the court 4 weeks ago but he defendant did not acknowledge/respond so I requested judgement by default.

However, the court has written requesting a Certificate of Service… I am confused… does this mean I was supposed to serve the claim form, etc., rather than the court?

 

Many thanks for any info... TB

[obiter dictum]

Did you make the claim through Money claim online or hand in a claim form at your local court?

 

Do you have a receipt from the court for the court fee??

[ThedaBara]

Did you make the claim through Money claim online or hand in a claim form at your local court?

 

Do you have a receipt from the court for the court fee??

 

Hi Obiter Dictum...

 

I sent the claim forms (x 2) to Royal Courts of Justice, Queen's Bench... (I'm fee exempt, but the claim is for a non specified amount)... The Court issued the claim and as they didn't provide any other directions, I assumed they were responsible for serving the claim on the defendant.

 

I phoned the court a minute ago to try and find out what's going on, but the woman there was clueless... told me to email Enforcement Section, but then gave me the wrong email address and it bounced back..

 

Do you happen to know the correct email address for QB Enforcement, please? TB

[obiter dictum]

To be honest i am more familier with the lower courts and the submitting of documents

 

I will let someone else answer now and keep an eye on this thread for my own education

[ThedaBara]

Oh dear... I managed to get through to someone and they told me that a response pack was sent with the issue of claim... It wasn't, which is why I'd assumed the Court was serving... Why are the courts so useless...now what?!! TB

[legalistic]

Thedabara, it is the court that issues the claim form. The court is meant to serve however in the high court staff will often assume that the claimant will serve. As for concessions you must apply each time you make a legal move.

[AndyOrch]

Certain documents need to be properly served on the parties to proceedings in order to be valid and effective. (if not issued through MCOL)This includes claim forms, particulars of claim, notices of appeal and applications. Service needs to be within a defined timescale and in accordance with the rules of the court.

 

In many cases the court will served documents for you in exchange for a fee, but sometimes it is necessary for you to do this yourself, such as where documents cannot be served at a postal address and need to be served on the other party in person. Where you serve documents on the other party yourself you will need to complete and file a certificate of service in the prescribed form, confirming to the Court that you have served the documents properly.

 

This form can be downloaded directly from the government website here.

 

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=459

[Guest]

who are you claiming against?

[Guest]

ps

there is CPR 6.4 etc

but maybe service re high court is for the claimant? and before giving judgment do need proof of its service via the 'certificate' (as per CPR re).

[ThedaBara]

Thedabara, it is the court that issues the claim form. The court is meant to serve however in the high court staff will often assume that the claimant will serve. As for concessions you must apply each time you make a legal move.

 

Many thanks… the title of this thread is wrong… my mistake… I meant to ask who serves the claim form… d'oh! But obviously, I would have realised the need to serve myself if only the court hadn't messed up by not returning the response pack, etc, with the notice of issue… But I have 4 months in which to serve the claim after it has been issued by the court, I believe… TB

[ThedaBara]

Certain documents need to be properly served on the parties to proceedings in order to be valid and effective. (if not issued through MCOL)This includes claim forms, particulars of claim, notices of appeal and applications. Service needs to be within a defined timescale and in accordance with the rules of the court.

 

In many cases the court will served documents for you in exchange for a fee, but sometimes it is necessary for you to do this yourself, such as where documents cannot be served at a postal address and need to be served on the other party in person. Where you serve documents on the other party yourself you will need to complete and file a certificate of service in the prescribed form, confirming to the Court that you have served the documents properly.

 

This form can be downloaded directly from the government website here.

 

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=459

 

Thanks Andy… I had researched online to find out how to make a claim and the general information was that the court served the documents on the defendant, unless as you say, there is no postal address. See here:

 

Two copies of the form, and supporting evidence should be sent to the court, together with the fee (cheque payable to HMCTS) unless the application has been made online.

The court will then ‘issue’ the claim (sealed or stamped with a red, circular seal) and a ‘notice of issue’ will be sent back to the claimant confirming that their claim has begun. The court will then take responsibility for sending the information to the defendant – or person against whom the claim is being brought.

The above is purely an overview of the completion of the initial claim form. If the issue is complex or of high value, then you should seek legal advice.

 

So I just assumed that the court had served, because they had not given directions that I should serve the documents myself and when they sent notice of Issue, they should probably have sent the documents and response back to me and then i would have realised i was to serve the claim myself. Instead of which, I waited for an acknowledgement from the defendant which (obviously) didn't come, then I tore off the bottom strip on the notice of issue form to ask for judgement by default.

It was only when the court asked me for a certificate of service that I knew it had gone wrong… So my claim is now delayed by 4 weeks… I will have to serve the claim form again, but directly to the defendant this time, along with a response pack, which I believe I can access online...TB

[ThedaBara]

ps

there is CPR 6.4 etc

but maybe service re high court is for the claimant? and before giving judgment do need proof of its service via the 'certificate' (as per CPR re).

 

 

Thank you… All the info I was able to find online stated that the court usually serves the claim on the defendant… I was unable to find any other info whereby the claimant is required to serve or under which circumstances and because the court did not give me any indication as to whether it had served or not, I just assumed that it had. I'm claiming an amount of money from an individual. TB

[ThedaBara]

As for concessions you must apply each time you make a legal move.

 

 

Hello… sorry for being thick… what does this bit mean, please? TB

[BazzaS]

Many thanks… the title of this thread is wrong… my mistake… I meant to ask who serves the claim form… d'oh! But obviously, I would have realised the need to serve myself if only the court hadn't messed up by not returning the response pack, etc, with the notice of issue… But I have 4 months in which to serve the claim after it has been issued by the court, I believe… TB

 

4 months if serving within England & Wales : CPR 7.5(1)

6 months if serving outside the jurisdiction : CPR 7.5(2)

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07#7.5

 

There are limited options for extension of these time periods under CPR 7.6, usually where the court has failed to serve a claim form they should have, but the claimant must still act "promptly".....

[ThedaBara]

Many thanks, Bazza…

 

Are there set roes as to who serves claims? I have only seen advice stating that the court is responsible for serving documents on the defendant…

 

I was unaware that I should have served, because the court didn't enclose the response pack.

 

They now say they included it with the notice of issue, but they didn't… and that's why I assumed that they were serving on the defendant.

 

And all the while I was waiting for the defendant to acknowledge and of course, he didn't, because he wasn't served…This is the court's mistake, not mine. I suppose I should have chased them up to see if they had served after 2 weeks… but I didn't feel it was necessary...

 

What a mess! TB

[legalistic]

Thedabara, on applying each time for a concession, an example: You bring a claim and are given a concession relating to the court fee based on your proof of entitlement to it. A few weeks later you wish to appeal or to make an application. You have to apply all over again for a concession, showing your proof of entitlement. You say you are fee exempt. That does not mean (unless things have changed) that you get recorded somewhere as not having to prove your entitlement for a second, third etc legal move. Your claim being for a non-specified amount has no relevance to whether you must pay a court fee. Concessions are based on the applicant's income.

[ThedaBara]

Thedabara, on applying each time for a concession, an example: You bring a claim and are given a concession relating to the court fee based on your proof of entitlement to it. A few weeks later you wish to appeal or to make an application. You have to apply all over again for a concession, showing your proof of entitlement. You say you are fee exempt. That does not mean (unless things have changed) that you get recorded somewhere as not having to prove your entitlement for a second, third etc legal move. Your claim being for a non-specified amount has no relevance to whether you must pay a court fee. Concessions are based on the applicant's income.

 

Many thanks… I understand now. TB

[Guest]

Thank you… All the info I was able to find online stated that the court usually serves the claim on the defendant… TB

6.4 says that a court will 'serve' unless the provisions there otherwise.

then it says (3) (where the court serves) that a copy of the claim form 'must' be sent to the def(s) by the claimant. (mcol afaik exempt from that provision, as is mcol)

[ThedaBara]

6.4 says that a court will 'serve' unless the provisions there otherwise.

then it says (3) (where the court serves) that a copy of the claim form 'must' be sent to the def(s) by the claimant. (mcol afaik exempt from that provision, as is mcol)

 

Does that mean the court should have served and that they have make a mistake in asking me for a certificate of service? I do find it difficult to understand CPR… 6.4; The court will serve unless which provisions are in place, exactly? There can be contradictory rules and then I'm not sure which apply…

 

Then (3) where the court serves the claimant must still send a copy of the claim form to the defendant? So very confusing...

 

TB

[ThedaBara]

Ahhh… ok got it!

 

Where the court is to serve, the claimant must file a copy for each defendant… I already did this when I filed my claim.

 

But I still don't understand why the court didn't let me know that the service was down to me…as in 6.4 (1) a

 

I didn't notify the court that I wished to serve (b).

 

The court didn't order or direct otherwise. ©

 

It goes on to say the the court is to decide upon the method of service. 6.4 (2)

 

6.4

(1) Subject to Section IV of this Part and the rules in this Section relating to service out of the jurisdiction on solicitors, European Lawyers and parties, the court will serve the claim form except where –

(a) a rule or practice direction provides that the claimant must serve it;

(b) the claimant notifies the court that the claimant wishes to serve it; or

© the court orders or directs otherwise.

(2) Where the court is to serve the claim form, it is for the court to decide which method of service is to be used.

(3) Where the court is to serve the claim form, the claimant must, in addition to filing a copy for the court, provide a copy for each defendant to be served.

(4) Where the court has sent –

(a) a notification of outcome of postal service to the claimant in accordance with rule 6.18; or

(b) a notification of non-service by a bailiff in accordance with rule 6.19,

the court will not try to serve the claim form again.

 

It would appear that the court failed to provide directions when it sent me the notice of issue… TB

Edited August 8, 2016 by ThedaBara
missed punctuation

[BazzaS]

6.4 says that a court will 'serve' unless the provisions there otherwise.

then it says (3) (where the court serves) that a copy of the claim form 'must' be sent to the def(s) by the claimant. (mcol afaik exempt from that provision, as is mcol)

 

Does it say "'must' be sent to the def(s) by the claimant"?

 

"(3) Where the court is to serve the claim form, the claimant must, in addition to filing a copy for the court, provide a copy for each defendant to be served."

 

Or does it relate to the number of copies that must be filed with the court for the court to serve? (So the court staff don't have to photocopy it to create copies to send to defendants!)

So: 1 defendant : 2 copies, 1 for the court, 1 for the defendant.

2 defendants : 3 copies, 1 for the court, 1 for each of the 2 defendants.

3 defendants : 4 copies, 1 for the court, 1 for each of the 3 defendants,

n defendants : (n+1) copies, 1 for the court, 1 for each of the (n) defendants.

[Guest]

yes, you guys are correct, 3 is re filing. cheers for correcting.

[Guest]

ps this case info may end up being useful generally.

http://www.lawgazette.co.uk/law/legal-updates/service-by-the-courts/5044633.fullarticle

[ThedaBara]

Thanks! There's only the one defendant and I filed two claim forms with the court…

 

Still seems to be a 'grey' area as to who should serve… but I think the court should have served as it did not provide any directions to the contrary…

 

Cripes… confusing, innit?! TB

[ThedaBara]

So, if I serve on the defendant, I enclose a copy of the claim and a response pack… I must also complete a certificate of service…

 

When do I send the certificate of service to the court…? Do I send it at the same time as I serve the documents on the defendant, or do I wait until the court asks me for it…? (In the event that the defendant fails to acknowledge)… TB