The person or people initiating the claim need to do so in a set format, including a standard Claim Form and a Statement of Claim in support. These are often drafted by the barrister who advised on the case during the investigation phase.
The trigger for making the claim or “issuing proceedings” as it is often called, can be one of two things:
– you and / or your solicitor have lost patience with your attempts to resolve the problem directly with the defendant; and / or
– the limitation period is near.
Limitation periods apply to all claims. Generally, a claim must be made within 6 years of the problem occurring. Some claims must be presented sooner, others longer.
In UK Courts, the party that loses the dispute will be responsible for paying the other party’s costs, so claimants must be clear that this potential expense can be covered before issuing proceedings.
TYPICAL TIMESCALE – ONE MONTH
Step 4: Defence