We have listed below some of
the more common definitions in respect of court procedures. Should you have a
query which is not listed please email us at :
admin@claim-link.co.uk and we will
respond to you.
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| Acknowledgement of service |
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Should the Defendant decide to defend a
claim they must respond accordingly to the court. A response pack is included
with the Claim Form (N1) which the Defendant can use to indicate that they will
be filing a defence. The Defendant must file the Defence within 28 days
otherwise the Claimant can obtain Judgment in Default.
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The court require a fee when a hearing date
is allocated. For claims in excess of £1,500.00 the fee is £100.00.
This is explained on our fees & costs
page.
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If a claim is defended an Allocation
Questionnaire (AQ) must be completed by both the Claimant and Defendant. The AQ
must be completed and returned to the court by a specific date - about 14 days
from receipt - and the fee included if appropriate. The main purpose of the AQ
is to provide the court with adequate information to assign the claim to the
most appropriate track and to enable the judge to make any directions if
required.
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The sum of money which the court decides
you should receive. This can include interest, court fee, traveling expenses
etc.
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The subject of court proceedings i.e. a
claim for money owed to the Claimant.
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Called the N1 form this is the means
whereby the Claimant can commence the court proceedings. A copy of the N1 is
forwarded to the Defendant by the court together with a response pack for the
Defendant to either admit or defend the claim.
The N1 should contain
adequate Particulars of Claim in order for the court and the Defendant to fully
understand the substance of the Claimant's claim.
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The person making the claim - previously
called the Plaintiff.
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A local court designated for civil
proceedings and regulated by H M Court Service.
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A bailiff employed by the court (as opposed
to a private bailiff) and authorised to collect goods and money in accordance
with court orders. The court bailiff will also carry out property repossession
(evictions).
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A higher court than the county court. The
Crown Court carries out criminal proceedings and significant Civil
proceedings.
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When a Defendant disputes a claim they
forward a Defence to the court. The Defendant must respond to the court within
21 days indicating that they intend to defend and then file the Defence within
a further 28 days.
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The Defendant is a person or entity from
whom the Claimant requires a financial settlement or other remedy.
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During the course of the Claim the District
Judge will from time to time serve Directions on the Claimant and/or the
Defendant. These Directions are essentially instructions and must be complied
with.
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The District Judge is local to the court
and was previously known as a Stipendiary Magistrate. Small Claims are heard by
a District Judge only and they normally make a decision on the day of the
hearing. In a small percentage of claims the judgment may be set aside while
the District Judge considers the documents and evidence - the judgment then
follows in writing.
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After obtaining a Judgment the Defendant
may not comply and the Claimant may need to enforce the judgment. The methods
of enforcement are explained on our web page at
Enforcing Judgments.
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There is no substitute for good evidence.
Although a lot can be verbal, written evidence which corroborates the verbal
evidence is advisable. It is OK to provide a witness statement but backing it
up with good written evidence is certainly preferable.
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The Fast Track is for claims of
£5,000.00 to claims of £15,000.00.
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This is a court order requiring one or both
parties to effect payment or remedy or to strike out a claim.
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In the event that a Defendant fails to
respond to the N1 Claim Form within the specified time the Claimant is at
liberty to apply to the Court for Judgment in Default which means that judgment
is entered for the full amount of the Claim. No court appearance is required
and once the Judgment is entered the Claimant can commence
enforcement proceedings.
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The Court Mediation Service is designed to
settle Claims without the need for a Court hearing. The service is operated by
volunteer professionals who do not take sides and do not provide any form of
judgment - their job is to try to find a way of settling disputes.
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Claims in excess of
£15,000.00.
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When a Claim has been filed at Court a copy
of the Claim Form is forwarded to the Defendant. At the same time a Notice of
Issue is forwarded to the Claimant. On the notice is the court's claim number,
the date of issue, the date of service and the final date for the Defendant to
respond.
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The Claim Form must contain detailed
Particulars explaining the background to the claim and how much the claim is
for. There should also be details of dates, times etc and a full explanation as
to how the claimed amount has been calculated.
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A Judgment can be requested when there is
no hearing but the Defendant has failed to respond either to the Claim Form or
to Directions from the court.
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A Judgment can be set aside if the Court
decide that there is good reason to re-visit the Claim. Such a reason could be
accident or illness causing one of the parties to miss a hearing or
non-delivery of essential documents.
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Claims up to £5,000.00.
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Witness statements, Claim Forms and other
court documents completed by Claimants, Defendants and witnesses should include
a Statement of Truth. This has largely taken the place of the affidavit.
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This is calculated at 8% per annum
(currently) for each day of the dispute until judgment and
settlement.
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The court can strike out a claim if there
is a failure to file documents on time, directions are ignored or the Claim is
obviously spurious or malicious. Strike out means that the Claim process ceases
but can be re-instated if there is good reason.
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