Step-by-Step Guidance for Personal Injury and Privacy Law
- Step 4
- Step 5
- Appeal against a decision
- Defending claim
- Time Limitation
- Fees to Pay at High Court
- Pre-Action Protocol for Personal Injury Claims
- Pre-Action Protocol for Professional Negligence
- Pre-Action Protocol for Disease and Illness Claims
- Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents
- Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims
- Pre-Action Protocol for Defamation
Courts and link to the court
For Money and Non – Money claims
Types of Court
All money claims for under £100,000 are submitted at a county court.
All money claims for over £100,000 can be submitted to a high court if the claimant wishes so, a personal injury claim and the value of the claim is £50,000 or more; or where it is required by a specific law to be issued in the High Court.
Important, larger and more complex cases worth over £100,000, personal injury and clinical negligence cases worth £50,000 or more and defamation cases worth any amount are dealt by The Queen’s Bench Division.
The claim can be started at any County Court in the United Kingdom. Generally, there is paper hearing in the case of money claims at County Court, however where a hearing is required the claim will be transferred to the nearest court to the defendant or claimant’s preferred hearing court.
Claims for £10,000 or less are likely to be dealt with by the small-claims track. These cases will usually last less than six months.
Claims for more than £10,000 are likely to be dealt with by the fast or multitrack. These cases can be complicated and so can take longer than six months to complete.
Claims for more than £25,000 are likely to be dealt with by the fast or multitrack. These cases can be complicated and so can take longer than six months to complete.
High court is made up of Queen’s Bench, Chancery Division and Family Division.
Queen’s Bench: Deals with claims for damages for breach of contract or arising due to negligence or under Tort Law.
Chancery Division: Deals with Matters on legal issues of Trusts, contentious probate business, partnership claims, landlord and tenant’s disputes and property related disputes.
Family Division: It deals with family matters.
Judges: Majority of the cases which are of the value of £ 25,000 are dealt by district judges or masters. Trials for money claim higher than £ 25,000 are dealt by Circuit Judges and High Court Judges.
For any money or non-money claim, the first step is to try and sort the issue through other available means for example if someone has a dispute with water board they must exhaust water board’s complaint process.
Before going to court, one should try to find an agreement in another way,
for example, by
- negotiating an agreement directly with the person or organisation
- involving an ombudsman who can act as an independent referee
- using a mediator to help you and the other person to find a solution
- involving an arbitrator who will make a binding decision that will solve the problem or
- contacting a regulator who can help you deal with issues to do with landlines and mobile phones, the internet, and water and domestic energy supplies such as gas and electricity.
such person then may proceed for actual proceeding in the court, if he is not happy with the outcome of the alternative dispute resolution or receives no response at all.
Firstly, assess the true value of your claim, this value must be realistic. To start a money or non-money claim either in the county court or high court the claimant has to complete a claim form (N1). A completed form can be posted to the related court or can also be handed over to the court in person.
A person can also start a Money claim online by visiting www.moneyclaim.gov.uk
Interest on the claim
The claimant can also ask for the interest on the money owed
Rate of Interest
‘The claimant can claim interest under section 69 of the County Courts Act 1984 at the rate of % a year from [date when the money became owed to you] to [date you are issuing the claim] of £[amount] as well as interest, at the same rate, up to the date of judgment or when the money is paid (if this is earlier) at a daily rate of [daily rate of interest].
The rate of interest depends on the type of claim that you are making. For more information, speak to a legalally’s experienced lawyer or visit www.gov.uk/make-court-claim-for-money/work-out-interest To work out your daily rate of interest,
If you were owed £1,000 at interest rate of 8%
- The annual interest would be £80 (1000 x 0.08 = 80) as the interest rate allowed to charge is 8%
- you’d divide £80 by 365 to get the daily interest: about 22p a day (80 / 365 = 0.22)
- After 50 days this would be £11 (50 x 0.22 = 11)
Completing and Filling the claim form.
Please refer to guidance on filling in the claim form (N1A)
A claimant must also pay an appropriate court fee. For exact fee please visit Fee section (EX50)
Statement of Truth
This must be signed by the claimant, representing solicitor or your litigation friend.
Once the court has received and issued a claim it must be served by a claimant to the defendant.
Methods to serve a claim form
- The claim form can be served by the claimant to defendant personally
- Through registered/recorded mail where the claimant can have a record of post
- Fax or other electronic means
- Any other method which is authorised by the court
Where to serve
Type of Defendant
Place to serve
Last known address or usual address
Individual being sued in the name of business
Last known address or usual address of the individual or the main or last known address of the business
Individual being sued in the business name of a partnership
Last known address or usual address of the individual or the main or last known address/place of business of partnership
Company Registered in England and Wales
Principle office or any place of business of the company within the jurisdiction which has a real connection with the claim
Once the claimed is served on the defendant then he/she must respond to the claim within 14 days. The defendant can either:
- Admit the claim and agree to pay and the dispute ends here
- File a defence, then the case will go back to court for further trial, or
- Partly admit the claim, then the case will go back to court for further trial
Where a defendant fails to respond the claimant can ask the court for a default judgement, which means that the claimant obtains judgement against the defendant without a trial of the issue.
There are different forms depending upon whether the claim is for a specified or unspecified amount Forms for Default Judgment:
Appeal against a decision
If the claimant or the defendant disagrees with the judge’s decision, they can appeal. They must have proper grounds (reasons) and permission from the judge to make an appeal.
The defendant is normally given 14 days to respond to a claim. The defendant is provided with a response pack N9, which is the main form or N9A, N9B, N9C and N9D depending upon the type of claim.
Guidance for Defendant
Guidance for defendants’ on replying to the claim, please refer to N1C
Guidance for defendants’ on replying to the claim (Consumer Credit Act claim only) please refer to N1(FD)
Guidance for hearing EX 342
Please refer to
Completing and Filling the claim form.
Defendant replying claims
Defendant replying claim, (Consumer Credit Act)
Guidance for hearing
Guidance on hearing for a witness
There are strict time limits for starting a case, which are usually as follows:
Type of case
Human rights within
Personal injury within
Fees to Pay at High Court
You will need to pay a court fee to start the case. This will be based on how much you want to claim from the other side.
The fee for starting a case at High Court is:
5% of the amount for claims worth between £10,000 and £200,000
£10,000 for claims worth more than £200,000
You can pay with cash, a credit/debit card, or a postal order or cheque (paid to ‘HM Courts & Tribunals Service’).
You may have to pay another £1,090 fee for a trial later on, and extra fees for any interim hearings, court orders or injunctions.
For further individual legal help:
- Legal ally has a team of experienced solicitors who will support and guide you throughout your legal issue and will strive to achieve the best result for you.
While every effort has been made to ensure the accuracy of the information provided in this article, it does not constitute legal advice and cannot be relied upon as such. Each legal case and issue may have unique facts and circumstances, as a result legalally does not accept any responsibility for liabilities arising as a result of reliance upon the information provided. For further help and guidance, you can always rely on and seek advice from our experienced lawyers.