OUTLINE OF COURT PROCEEDINGS ... - Lavelle Coleman

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esponsible, they should be identified. It is not permitted to simply deny the claim so as“to put the other party to their proof” i.e. to put them to the expense and exercise ofproving particular point in the claim even though there might be no serious dispute onmany of them.The defendant must give detailed reasons why the claim is not accepted, identifyingwhich contentions are accepted and which are disputed. Copies of essential documentsmust be enclosed. If they are not enclosed there must be justified. The defendant mustspecify whether he is prepared to enter any method of alternative dispute resolutions.Commencing Legal ActionProceedings are commenced by way of County Court or High Court “Claim Forms”. Theforms are less legalistic than in Ireland and are available on-line. The rules for settingout and describing claims are intended to be less technical so that a solicitor should bein a position to prepare the wording without necessarily having to have them prepared bya barrister.The person against whom the claim is made (the defendant) must respond to the claim.The Court, through the Court Offices, has a much greater involvement in serving theClaim Form than in Ireland. The Court itself will usually serve the Claim Form (unlike thecase in Ireland where the parties themselves serve it).The claim form will set out the full claim or alternatively will set out brief particulars of theclaim. In this latter case, where brief particulars only are set out, the claim form must befollowed by a further more detailed claim within 14 days.It is necessary that the claim is fully verified and that the claimant or his legalrepresentative signs to confirm his full belief in the truth of the claim.The claim form is prepared by the claimant's solicitor and sent to the Court Offices whichformally issue it as a legal document. Unlike in Ireland, the Court office itself usuallyserves the documents on the respondent/defendant and usually does so by first class
post. A person making a claim or a person who is the defendant must give an addressfor services within England and Wales. <strong>Lavelle</strong> <strong>Coleman</strong> has an office with an Englishand Wales address for the purpose of service under the Court rules.When a defendant receives a claim he must respond in order to avoid a judgement andorder being made against him by default. Generally, the defendant must answer theclaim by either acknowledging receipt setting out a full defence or admitting the claim inpart or in full within certain time limits. If the defendant simply acknowledges a receipthe must within 28 days of the original claim set out details of his defence. The defencesets out the facts and circumstances by which the defendant claims that the claim isdenied in full or in part or is not valid.Options for DefendantIt is possible for a defendant to admit part of a claim and dispute the rest. When theclaim is submitted the defendant must give personal details and should he make an offerof payment, he must set out whether he is offering to pay in full or by instalments.Under these circumstances he must set out his income and expenditure so the Courtcan consider whether his offer is reasonable.If the claimant accepts the defendant’s offer, he can apply for a Court judgement so thatthe offer will become an Order of Court. A Court Order is enforceable against thedefendant in a number of possible ways. If the claimant rejects the offer, he can apply tothe Court for what he claims is the appropriate Order as to lump sum payment orinstalments etc.. If the claim is for less than £50,000.00 a Court Office rather than theJudge, will decide the rate of payment, without a Court hearing.Court officers or the Judge may make a decision without any hearing. If a hearing isrequested the parties must be given seven days notice. The Court takes into accountthe defendant’s means, statement of means, the claimant’s objections and other relevantfactors.
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Page 5 and 6: Contents of Claim, Defence and Coun

OUTLINE OF COURT PROCEEDINGS ... - Lavelle Coleman

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