Part 7 proceedings: drafting and issuing the claim form

by Practical Law Dispute Resolution

This note provides guidance on drafting and issuing a claim form under CPR 7. It includes information on the formal and substantive requirements for the claim form, including the parties' names and addresses and the statement of value; it explains how interest and foreign currency claims should be dealt with, and payment of the court fee. The note also includes information on issuing the claim form electronically and on paper and contains some pointers on service. It also touches on key, pre-action considerations and the requirements for the particulars of claim. It considers issues including commencing proceedings against persons unknown, whether a single claim form should be used to start proceedings involving multiple claimants, and the implications of paying the incorrect court fee. It is extremely important when drafting and issuing proceedings under the generic Part 7 provisions always to check whether any additional or different provisions apply because of the nature of the claim or the specific court or division in which proceedings are being commenced, or both. (For information on starting a Part 8 claim, see Practice note, Part 8 proceedings. For information on starting a counterclaim or other additional claim, see Practice note, Counterclaims, claims for contribution or indemnity and other additional claims under CPR 20.)