Q&As

Can a claim on Money Claim Online be filed, but not issued?

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Produced in partnership with Alexander Campbell of Field Court Chambers
Published on LexisPSL on 12/03/2021

The following Dispute Resolution Q&A produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:

  • Can a claim on Money Claim Online be filed, but not issued?

Can a claim on Money Claim Online be filed, but not issued?

Filing a claim and issuing a claim are different processes.

CPR 2.3 sets out how various terms in the CPR are to be interpreted. One such term which is defined in CPR 2.3 is ‘filing’, which is defined as follows:

'"filing", in relation to a document, means delivering it, by post or otherwise, to the court office'

CPR 7.2 sets out when a claim is issued:

'(1) Proceedings are started when the court issues a claim form at the request of the claimant.

(2) A claim form is issued on the date entered on the form by the court.'

Therefore, where a party wishes to commence legal proceedings against another person, they first file the papers for their claim by

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