Step 5: Issuing Proceedings
Product Liability
Proceedings are started when the claimant issues a claim form. The appropriate form in most cases is N1 Form (please refer to the ‘Relevant Documents’ section above to obtain a copy and for further information). When setting out the details of the claim, be concise – use short and simple sentences to state the facts and do not focus on evidence and/or use emotional language.
In most cases, the claim form is issued in paper form, which is the court then seals, marks with the date of issue, and allocates a claim number to.
When issuing the claim, make sure that you bring enough copies of the claim form: one copy for the court and one copy for each defendant.
Particulars of claim must be (1) contained in or served with the claim form or (2) served on the defendant within 14 days of service of the claim form, but in any event within the time limit for serving the claim form (please see below for further details).
You should ensure that you pay the correct court fee when issuing the claim. For information on court fees, please refer to form EX50 in the ‘Relevant Documents’ section above.
Each defendant must be served with (1) a copy of the sealed claim form; (2) particulars of claim; (3) Form N1C; and (4) Form N9 within the time allowed and at the correct address.
The claim form may be served by:
1. Personal Service;
2. First Class post or other next-working-day delivery service;
3. Leaving it at one of the following places:
At an address of a solicitor specified by the defendant;
At an address provided by the defendant where it resides or carries out business;
Where the defendant is an individual – at the usual or last known residence;
Where the defendant is an individual sued in the name of a business – at the usual or last known residence or principal or last known place of business;
Where the defendant is an individual sued in the business name of a partnership – at the usual or last known residence or at the principal or last known place of business of the partnership;
Where the defendant is a limited liability partnership – at the principal office of the partnership or at any place of business of the partnership which has a real connection with the claim;
Where the defendant is a corporation incorporated in England and Wales – at the principal office or at any place of business of the corporation which has a real connection with the claim;
Where the defendant is a company registered in England and Wales – at the principal office or at any place of business of the corporation which has a real connection with the claim;
Where the defendant is any other company or corporation – where the corporation carries on its activities or at any place of business.
4. Fax or other means of electronic communication;
5. An alternative method and/or at an alternative address authorised by the court.
A claim form must be served within 4 months of the date it was issued when it is served within England and Wales or 6 months of the date it was issued when it is served outside England and Wales.