Issuing proceedings under the Civil Procedure Rules

Part 3 – Issuing proceedings under the Civil Procedure Rules

June 2014   

19.24 Introduction

All civil claims should be made under the CPR unless legislation expressly requires or authorises an alternative procedure (see paragraph 19.29). A civil claim may be issued under Part 7 or Part 8 of the CPR (see paragraphs 19.27 and 19.28).

 

19.25 Terminology

The person issuing the proceedings is called the claimant and the person against whom the claim is made, the defendant [Note 1].

 

19.26 Insolvency proceedings - terminology

In insolvency proceedings the claimant presenting a winding-up or bankruptcy petition is known as the petitioner or petitioning creditor and the indebted company/debtor as the respondent. In any other insolvency proceedings they are referred to as the applicant or respondent respectively. References to petitioner or petitioning creditor include any person who, with the court’s consent replaces the original petitioner [Note 2].

 

19.27 Issuing a claim – Part 7 procedure

A claimant would usually issue proceedings under Part 7 of the CPR where there is a substantial dispute of fact. Under Part 7 proceedings are started when the claimant asks the court to issue a claim form (the claim form, N1, together with supporting forms N1A and N1C may be found here) [Note 3]. Once the claim form has been issued it must be served by the claimant on the defendant [Note 4]. There is no limit to the number of claimants or defendants that may be joined as parties to the claim [Note 5].

 

19.28 Issuing a claim – Part 8 procedure

The Part 8 procedure should be followed where a rule or practice direction requires or allows it to be used. A Part 8 procedure should be followed when the dispute can be resolved quickly as the facts are not substantially in dispute, for example to enforce a statutory right such as gaining access to medical records [Note 6]. Any claim must state that the application is made under the Part 8 procedure [Note 7]. To issue proceedings the claimant must use Forms N208, together with supporting forms N208A and N208C, and follow the Part 7 procedure outlined in paragraph 19.27 [Note 8]. The forms may be found here. There is no limit to the number of claimants or defendants that may be joined as parties to the claim [Note 9].

 

19.29 Issuing proceedings – petitions

Petitions may only be used to commence proceedings where it is authorised or required by legislation. Petitions are used to wind up companies [Note 10], in bankruptcy [Note 11] and in divorce cases [Note 12].

 

19.30 Correction of mistakes in issuing proceedings

The court may allow an amendment to the proceedings to correct the name of a party to those proceedings, usually referred to as “the slip rule”. The applicant must show that the mistake was genuine and will not cause any reasonable doubt as to the identity of the party in question [Note 13].

 

19.31 Addition, removal and/or substitution of parties

The court may at any time add as a party to the proceedings any claimant(s) or defendant(s) to enable it to resolve all matters in dispute [Note 14]. Alternatively the court may order the removal or substitution of any claimant or defendant who has been improperly or unnecessarily joined to the proceedings [Note 15].

 

19.32 Application to add, remove or substitute a party to the proceedings

Once the claim form has been served (see paragraph 19.27) an application may be made to the court by an existing party or a person wishing to become a party to the court to amend the claimants and defendants named in the proceedings. After considering the application the court may remove, add or substitute a party to the proceedings. It is not possible to amend the claimants and defendants to the proceedings without the court’s permission [Note 16].  

 

19.33 Applications to court – insolvency proceedings

With the exception of an application for an administration order, or the presentation of a winding-up or bankruptcy petition, applications to court within the insolvency proceedings (see Part 4) are made under the procedures laid down in Part 7 of the Insolvency Rules 1986 [Note 17].

 

[Back to Part 2 The Civil Procedure Rules 1998] [On to Part 4 Applications to court within the insolvency proceedings]