A Guide To The Court Process

A Claim Form is the legal document used to start a claim against an individual or a company. It formally begins court proceedings and sets out what you are asking the court to do, usually to order someone to pay you money they owe.

This guide explains the purpose of a Claim Form, how to issue one, what happens next, and the key documents involved in the court process.

What Is a Claim Form?

A Claim Form is the document that starts a legal claim. As your document explains:

“This is a legal document to enable you to start a claim against a company or individual.”

The most common type is a Part 8 Claim, issued on form N208. If your claim is simple, you can complete the N208 alone. If it is more complex, you must attach Particulars of Claim, which:

• Set out the background and details of the dispute
• Include evidence (e.g., invoices, contracts, correspondence)

To issue the claim, you must send the Claim Form (and any attachments) to the court with a court fee, usually around 5% of the amount claimed.

Issuing a Claim Online

You can issue a claim online using Money Claim Online (MCOL). This is suitable for straightforward monetary claims.

Your document warns:

“If they are not drafted correctly, you could face delays and find that you may be ordered to pay costs.”

Incorrect or unclear Particulars of Claim can cause:

• Court delays
• Strike‑out of your claim
• Cost penalties

Before issuing a claim, you must also comply with the Pre‑Action Protocol, which requires sending a Letter Before Action to the defendant. Courts expect parties to try to resolve disputes before issuing proceedings.

What Happens After a Claim Is Issued?

Once the court receives your Claim Form:

“The Court will issue the Claim form and serve it on the Defendant.”

The defendant then has 14 days to:

• File an Acknowledgment of Service (AOS)
• File a Defence
• Admit the claim

Acknowledgment of Service (AOS

An AOS is a simple form confirming the defendant has received the claim. It extends the time to file a defence to 28 days from the date of service.

Defence and Counterclai

A Defence explains why the defendant disputes the claim. As your document states:

“A Defence is a legal document setting out why somebody does not agree with the claim.”

The defendant may also file a Counterclaim, which is a claim against you. A court fee is payable for issuing a counterclaim.

If the Defendant Does Not Respond

If the defendant does not reply within 14 days (or 28 days if an AOS is filed):

“You can apply for Default Judgment.”

Default Judgment is an administrative process that can give you:

• The amount claimed
• Interest
• Some court costs

You must complete form N225 or N224.

Once judgment is granted, you can take enforcement action to recover the money.

If You Discover a County Court Judgment (CCJ) You Didn’t Know About

Your document explains:

“You must act quickly… You can apply to have the judgment set aside.”

You can apply to set aside the judgment using form N244 if:

• The claim was never served on you, or
• You have a reasonable prospect of defending the claim

A hearing will take place before a District Judge.

Directions or Allocation Questionnaire

After a Defence is filed, the court sends a Directions Questionnaire (or Allocation Questionnaire). As your document states:

“It is the document that a judge will look at to see how the claim should be dealt with.”

It helps the court decide:

• Which track the case should follow (Small Claims, Fast Track, Multi‑Track)
• What timetable is needed
• What evidence must be exchanged

Frequently Asked Questions (FAQs)