The N1 Claim Form is the form that you are required to complete (in the majority of cases) if you intend to issue court proceedings. Detailed particulars the basis of your claim will have to be provided, either in the form itself, or if there is not sufficient space on the form, as a separate document.
The claim form and particulars of claim are the first detailed statement of your case to the Court. It is therefore extremely important that you get them right. Sufficient detail must be provided to enable the court and the Defendant/s to identify the issues in dispute. The court will only consider the issues that have been raised in your statements of case. It is therefore important that they are drafted with care and are reviewed regularly as the matter develops.
It is also important to ensure that your case is accurately pleaded in the claim form and particulars of claim from a negotiation perspective. A Defendant that receives a carefully drafted claim form is much more likely to take the matter seriously. This increases the chances of being able to settle the matter by negotiation.
Excessive factual detail should be excluded from the claim form and particulars of claim. The finer details will be dealt with in witness statements.
A copy of the N1 Claim Form can be accessed by clicking on this link.
What should you include in the Claim Form?
- Contact details of the parties
- The full name and address (including the postcode) for you and the defendant/s.
- If the defendant is a partnership (other than an LLP), you should provide the full name of the partnership and then the words “a firm”. The partnership’s address can be either a partner’s home address or the last known business address of the partnership.
- If the defendant is a registered company registered or an LLP, you will have to enter their full name and then Ltd, Plc, LLP etc as appropriate. The company’s address can be either a recent place of business or the registered office. Registered office details can be obtained from Companies House.
Brief details of claim
- A brief statement of the type of claim that you are bringing against the Defendant/s.
- Details of the value of your claim.
- If a fixed amount of money is being claimed, specify the amount in the section headed “amount claimed” on the front page of the claim form.
- If a fixed amount is not being claimed, you will need to provide as much information as possible. Specifically you need to confirm whether you are seeking to recover “less than £5,000” or “between £5,000 and £15,000” or “in excess of £15,000” under the heading “value” on the front page of the claim form.
- If you do not know the value the claim, state this.
Particulars of claim
- Succinct details of the facts that you are relying on and the remedy that you are seeking
- If you are seeking interest, you must state this and include details of the amount that you are seeking to recover and the basis on which you are claiming it.
- Any other matter required by any relevant practice direction. If you would like advice on the applicability of practice directions and their requirements, please contact us.
Statement of truth
The statement of truth must be signed. It can either be signed by your or on your behalf by your solicitor. The statement of truth verifies that the information that you have provided in the claim form and particulars of claim are true and accurate. If you do not honestly believe the information provided is true but sign the statement of truth regardless, you may be susceptible to proceedings for contempt of court.
Types of claim form
The N1 Claim Form is the relevant claim form for the majority of proceedings. However, note that if proceedings are issued under the Alternative Procedure set out in Part 8 of the Civil Procedure Rules (used for the claims which do not have a substantial dispute of fact), the N1 Claim Form should not be used. In these circumstances the N208 should be used instead. A copy of the N208 Claim Form can be accessed by clicking here.
If you are not sure what form to use or would like us to draft the claim form and particulars of claim whether for debt recovery or otherwise, we would be happy to assist at a cost effective, possibly fixed fee price.
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