In-house lawyers: I am being sued—process and practical tips
In-house lawyers: I am being sued—process and practical tips

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

  • In-house lawyers: I am being sued—process and practical tips
  • Immediate steps
  • Responding to the claim
  • Consider the merits of the claim
  • Filing a defence (and a counterclaim)
  • Allocation and directions
  • Security for costs
  • Mediation
  • Disclosure and inspection
  • Witness statements
  • more

What follows is a short summary of main steps you might take following a new claim having been made against you, including what to consider and what to expect.

Immediate steps

  1. check whether the particulars of claim are included, either in the claim form or in a separate document. The claim form will say whether particulars of claim are to follow

  2. if they are not included, they must follow within 14 days

  3. if the particulars of claim are included, you need to respond within 14 days from the date of deemed service. If the proceedings were served by post, this will be the second business day after posting

For further information, see Practice Note: Timetable for statements of case.

Responding to the claim

  1. you must acknowledge service of the claim within 14 days, indicating whether you will admit or defend the claim or whether you dispute the court’s jurisdiction

  2. if you acknowledge the service of the proceedings, you will have 28 days from the date of service to respond to the claim

  3. if you wish to dispute the court’s jurisdiction, in most cases you have 14 days from acknowledging the claim to make an application. You may wish to dispute the court’s jurisdiction if, for instance, the claim is based on a contract which gives the court of