You will need to use a Part 8 claim

This Practice Note considers how and where to file and issue the claim form in proceedings started under CPR 7, and what documents need to be filed with it, including the response pack. It also considers when proceedings are ‘started’, as this date will have implications for the timing of service of the claim form and for limitation. For further guidance on claims issued under CPR 8 (alternative procedure for claims where there is no substantial dispute of fact), see Practice Note: CPR Part 8 claims (alternative procedure for claims). This Practice Note should be read in conjunction with Practice Note: Claim form—the contents. For more guidance on issuing and filing a claim in the County Court, also see Practice Note: Starting civil claims in the County Court. For further guidance on which court to issue the claim in, see Practice Note: Where to start a civil claim. For more information on serving the claim form: • in England and Wales—see: Service in England and Wales—overview • outside England and Wales—see Practice Note: Cross-border service—a guide for

This Practice Note sets out what to include when drafting a claim form in a Part 7 claim. It explains what the claim form is and why it is required and gives examples of the court forms that are to be used. It also sets out the information which needs to be provided when completing the claim form and an explanation of how the parties are described in the claim form, including where the defendant’s name is not known. The claim form must include a statement of value and a statement of truth. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see: Court specific guidance. This Practice Note should be read in conjunction with Practice Note: Drafting statements of case, which provides guidance on drafting statements of case in general, including formatting requirements, the need for a statement of truth, and the methods for filing statements of case. This Practice Note only deals with the contents of a claim form in a claim brought under

A party may have a claim in bailment whenever he has a superior right to the possession of goods which are in the possession of another.

A claim in bankruptcy is a creditor’s assertion that it is owed a provable debt from an insolvent individual or partnership and seeks payment through the formal bankruptcy process rather than direct enforcement against the debtor. In practice, it is made by submitting a proof of debt or claim form to the trustee in bankruptcy (or official receiver), setting out the amount, basis and supporting evidence of the debt.Across England and Wales, Scotland and Northern Ireland, the concept is broadly consistent and governed principally by insolvency legislation (for example, the Insolvency Act 1986 and associated rules), which defines what debts are provable, how contingent or future liabilities are treated, and the ranking of different categories of claim. In Ireland, similar principles apply under the Bankruptcy Act 1988 (as amended) and related rules.Claims in bankruptcy determine creditors’ entitlement to share in any distribution from the bankrupt estate and the extent to which debts are released on discharge. They are distinct from secured claims (enforced primarily against security) and from non-provable liabilities, which may survive bankruptcy depending on the applicable statutory regime.

Employment analysis: If proceedings are brought against multiple respondents, one or more of which is a company which goes into administration (and in respect of which a stay is automatically applied), an employment tribunal has jurisdiction to allow stand-alone causes of action to continue against the other respondents and the decision as to whether to allow that is an exercise of case management discretion, according to the EAT.

a claim, in a (re)insurance context, is a request for an indemnity under an insurance policy whereas a circumstance is a situation or event from which a claim may arise.

Dispute Resolution analysis: The Court of Appeal has upheld the decision of His Honour Judge Paul Matthews striking out a claim on the basis that the loss claimed was reflective loss which could not be recovered. In so doing, the Court of Appeal has given a useful summary of the relevant authorities in this area. Written by Phillip Patterson, barrister, Gatehouse Chambers.

Private Client analysis: A party bringing a claim for the benefit of an estate must be acting under a grant of representation issued in England and Wales. The claimant in this case was a Saudi entity representing a deceased person’s estate and the defendant was the deceased’s son, who was resident in England. The claimant sought estate assets to distribute under a Saudi Proof of Will; however, it was not named as executor of the Proof of Will, having been incorporated after the deceased’s death. As the claim was brought in a representative capacity English law applied to the question as to whether the claimant had standing. The claimant lacked an English grant of representation, so the claim was struck out as a nullity.

A person who brings a claim.

Law360: Insurers have widely exaggerated the rise in the number of so-called mixed tariff injuries, a trade body for the claimant sector said on 15 February 2024, as the UK's highest court prepares for hearings next week on how to compensate people who have been affected.

Construction analysis: The Technology and Construction Court (TCC) struck out the first claimant’s claim against the defendant employer’s agent. The first claimant was the purported assignee of the second claimant’s rights against the defendant. However, the court found that the first claimant had no standing in the action, either as an assignee or a trustee.