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PART 7E+WHOW TO START PROCEEDINGS—THE CLAIM FORM

Contents of this Part

Where to start proceedingsRule 7.1
[F1Claims against Welsh public bodies to be issued and heard in WalesRule 7.1A
Claims against Welsh public bodies to be forwarded for issue in Wales Rule 7.1B]
How to start proceedingsRule 7.2
Right to use one claim form to start two or more claimsRule 7.3
Particulars of claimRule 7.4
Service of a claim formRule 7.5
Extension of time for serving a claim formRule 7.6
Application by defendant for service of a claim formRule 7.7
Form for defence etc. must be served with particulars of claimRule 7.8
Fixed date and other claimsRule 7.9
Production Centre for claimsRule 7.10

Textual Amendments

Where to start proceedingsE+W

7.1  Restrictions on where proceedings may be started are set out in [F2the relevant practice directions supplementing this Part].

Textual Amendments

Commencement Information

I1Rule 7.1 in force at 26.4.1999, see Signature

[F3Claims against Welsh public bodies to be issued and heard in WalesE+W

7.1A.  Unless required otherwise by any enactment, rule or practice direction, any claim against Welsh public bodies which challenges the lawfulness of their decisions must be issued and heard in Wales.

Textual Amendments

Claims against Welsh public bodies to be forwarded for issue in WalesE+W

7.1B.  If a court or centre in England receives a claim which should pursuant to paragraph (1) be issued in Wales a court officer shall forward it for issue in the Administrative Court Office in Wales or other appropriate court office in Wales.]

Textual Amendments

How to start proceedingsE+W

7.2—(1) Proceedings are started when the court issues a claim form at the request of the claimant.

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

(A person who seeks a remedy from the court before proceedings are started or in relation to proceedings which are taking place, or will take place, in another jurisdiction must make an application under Part 23)

(Part 16 sets out what the claim form must include)

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I2Rule 7.2 in force at 26.4.1999, see Signature

[F57.2A  [F6Practice Direction 7A] makes provision for procedures to be followed when claims are brought by or against a partnership within the jurisdiction.]

Textual Amendments

Right to use one claim form to start two or more claimsE+W

7.3  A claimant may use a single claim form to start all claims which can be conveniently disposed of in the same proceedings.

Commencement Information

I3Rule 7.3 in force at 26.4.1999, see Signature

Particulars of claimE+W

7.4—(1) Particulars of claim must—

(a)be contained in or served with the claim form; or

(b)subject to paragraph (2) be served on the defendant by the claimant within 14 days after service of the claim form.

(2) Particulars of claim must be served on the defendant no later than the latest time for serving a claim form.

(Rule 7.5 sets out the latest time for serving a claim form)

[F7(3) Where the claimant serves particulars of claim on the defendant, the claimant must, within 7 days of service on the defendant, file a copy of the particulars unless a copy has already been filed.

(4) The claimant need not file a copy of the particulars of claim under paragraph (3) if the claim is being dealt with at the Production Centre (under rule 7.10) or the [F8Civil National Business Centre] (under Practice Direction 7C) and is not transferred to another court.]

(Part 16 sets out what the particulars of claim must include)

Textual Amendments

Commencement Information

I4Rule 7.4 in force at 26.4.1999, see Signature

[F10Service of a claim formE+W

7.5—(1) Where the claim form is served within the jurisdiction, the claimant must complete the step required by the following table in relation to the particular method of service chosen, before 12.00 midnight on the calendar day four months after the date of issue of the claim form.

Method of serviceStep required
First class post, document exchange or other service which provides for delivery on the next business dayPosting, leaving with, delivering to or collection by the relevant service provider
Delivery of the document to or leaving it at the relevant placeDelivering to or leaving the document at the relevant place
Personal service under rule 6.5Completing the relevant step required by rule 6.5(3)
F11. . .F11. . .
[F12Electronic] methodSending the e-mail or other electronic transmission

(2) Where the claim form is to be served out of the jurisdiction, the claim form must be served in accordance with Section IV of Part 6 within 6 months of the date of issue.]

Textual Amendments

[F13Extension of time for serving a claim formE+W

7.6—(1) The claimant may apply for an order extending the period for compliance with rule 7.5.

(2) The general rule is that an application to extend the time for compliance with rule 7.5 must be made—

(a)within the period specified by rule 7.5; or

(b)where an order has been made under this rule, within the period for service specified by that order.

(3) If the claimant applies for an order to extend the time for compliance after the end of the period specified by rule 7.5 or by an order made under this rule, the court may make such an order only if—

(a)the court has failed to serve the claim form; or

(b)the claimant has taken all reasonable steps to comply with rule 7.5 but has been unable to do so; and

(c)in either case, the claimant has acted promptly in making the application.

(4) An application for an order extending the time for compliance with rule 7.5—

(a)must be supported by evidence; and

(b)may be made without notice.]

Textual Amendments

Application by defendant for service of claim formE+W

7.7—(1) Where a claim form has been issued against a defendant, but has not yet been served on him, the defendant may serve a notice on the claimant requiring him to serve the claim form or discontinue the claim within a period specified in the notice.

(2) The period specified in a notice served under paragraph (1) must be at least 14 days after service of the notice.

(3) If the claimant fails to comply with the notice, the court may, on the application of the defendant—

(a)dismiss the claim; or

(b)make any other order it thinks just.

Commencement Information

I5Rule 7.7 in force at 26.4.1999, see Signature

Form for defence etc. must be served with particulars of claimE+W

7.8—(1) When particulars of claim are served on a defendant, whether they are contained in the claim form, served with it or served subsequently, they must be accompanied by—

(a)a form for defending the claim;

(b)a form for admitting the claim; and

(c)a form for acknowledging service.

(2) Where the claimant is using the procedure set out in Part 8 (alternative procedure for claims)—

(a)paragraph (1) does not apply; and

(b)a form for acknowledging service must accompany the claim form.

Commencement Information

I6Rule 7.8 in force at 26.4.1999, see Signature

Fixed date and other claimsE+W

7.9  A practice direction—

(a)may set out the circumstances in which the court may give a fixed date for a hearing when it issues a claim;

(b)may list claims in respect of which there is a specific claim form for use and set out the claim form in question; and

(c)may disapply or modify these Rules as appropriate in relation to the claims referred to in paragraphs (a) and (b).

Commencement Information

I7Rule 7.9 in force at 26.4.1999, see Signature

Production Centre for claimsE+W

7.10—(1) There shall be a Production Centre for the issue of claim forms and other related matters.

(2) [F14Practice Direction [F157B]] makes provision for—

(a)which claimants may use the Production Centre;

(b)the type of claims which the Production Centre may issue;

(c)the functions which are to be discharged by the Production Centre;

(d)the place where the Production Centre is to be located; and

(e)other related matters.

(3) [F16Practice Direction [F177B]] may disapply or modify these Rules as appropriate in relation to claims issued by the Production Centre.

Textual Amendments

Commencement Information

I8Rule 7.10 in force at 26.4.1999, see Signature

[F18Human RightsE+W

7.11—(1) A claim under section 7(1)(a) of the Human Rights Act 1998 in respect of a judicial act may be brought only in the High Court.

(2) Any other claim under section 7(1)(a) of that Act may be brought in any court.]

Textual Amendments

[F19Electronic issue of claimsE+W

7.12.—(1) A practice direction may [F20permit or require] a claimant to start a claim by requesting the issue of a claim form electronically.

(2) The practice direction may, in particular—

(a)specify—

(i)the types of claim which may be issued electronically; and

(ii)the conditions which a claim must meet before it may be issued electronically;

(b)specify—

(i)the court where the claim will be issued; and

(ii)the circumstances in which the claim will be transferred to another court;

(c)provide for the filing of other documents electronically where a claim has been started electronically;

(d)specify the requirements that must be fulfilled for any document filed electronically; and

(e)provide how a fee payable on the filing of any document is to be paid where that document is filed electronically.

(3) The practice direction may disapply or modify these Rules as appropriate in relation to claims started electronically.]

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Textual Amendments