8.1 The claimant - how to start proceedings

--(1) Proceedings are started by filing in the court office the original and one copy (for sealing) of-

----(a) a claim form; and

----(b) the claimant's statement of case.

--(2) A claim is issued on the date entered on the claim form by the court office.

--(3) A claim form must be in Form 1 or 2, with or without variations.

--(4) Form 2 (fixed date claim) must be used-

----(a) in proceedings for possession of premises which are-

--------(i) occupied in whole or in part for residential purposes; or

--------(ii) subject to any statutory restrictions on the claimant's right to possession;

----(b) in claims arising out of hire-purchase or credit sale agreements;

----(c) whenever its use is required by a rule or practice direction; and

----(d) where by any enactment proceedings are to be commenced by originating summons or motion.

--(5) A person must make an application under Part 11 if he seeks a remedy from the court-

----(a) before proceedings have been started; or

----(b) in relation to proceedings which are taking place, or will take place, in another jurisdiction.

Notes

Back to Part (8. How to Start Proceedings)