Claim form—filing and issuing
Claim form—filing and issuing

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Claim form—filing and issuing
  • Filing the claim form
  • County Court—filing
  • CE-File electronic working
  • Shorter and flexible trials schemes
  • Permission of the court required where defendant bankrupt or in liquidation
  • Business and Property Courts—the disclosure pilot scheme

Filing the claim form

The claim form, once completed, will need to be filed with the court you have decided to issue proceedings in together with a request that the court issues the claim form. The court will then normally issue the claim form on the day it is received. Proceedings are started when the court issues a claim form at the request of a claimant (CPR 7.2).

For further information on which court to issue the claim form in, see Practice Note: Where to start the claim.

The date of issue is important as it signifies the date of commencement of the proceedings and will be used to determine, eg, whether any limitation defence applies. Proceedings are started when the court issues a claim form at the request of the claimant, but where the claim form as issued was received in the court office on a date earlier than the date on which it was issued by the court, the claim is 'brought' for the purposes of the Limitation Act 1980 (and any other relevant statute) on the earlier date (ie when received in the court office) (CPR PD 7A, para 5.1). If it is important for you to establish exactly when the court receives the claim form, eg, where a limitation period is about to expire, you should consider