Issuing
Almost all proceedings to begin by using a Part 7 claim form (including Consumer Credit Act return of goods claims which have separate notes for guidance for the defendant)
The fixed date required for CCA cases on issue, will be provided on a separate notice of hearing by the court for service with the claim form
There is a practice direction relating to claims issued through the Claim Production Centre
Proceedings may not be started in the High Court unless
The claim form (and particulars of claim if separate) should include statements of truth: both forms can be used as evidence. Proceedings for contempt of court may be brought against a person who makes a false statement (CPR Part 32.14).
Start date for proceedings is date court issues claim form. But where the claim form (in the form in which it is subsequently included) was received by the court earlier than that date, the earlier date applies for the purposes of the Limitation Act 1980Acts or other relevant statute (PD Part 4.1). The date of receipt at the court will be stamped on the claim form or the letter accompanying it for future reference.
Serving
Claim forms must be served within 4 months of issue (6 months if served out of the jurisdiction)
Claimant may issue and serve a claim form without full particulars of claim in the first instance (the equivalent of the generally endorsed writ procedure now available in the High Court).
If served separately, particulars of claim must be served within 14 days of service of the claim form. Response forms must be served with the particulars of claim where there are not served with the claim form. Defendant's time for reply runs from service of the particulars of claim.
Accepted methods of service between parties now include fax and e-mail