Starting a Case in Contract

Starting a Case in Contract

Starting a case: The cost of a court case is expensive and time consuming so the courts try and encourage parties to settle outside of court using the alternative dispute resolution procedure:

• Negotiation - The parties directly negotiate with each oteher to resolve the issue.
• Mediation - A neutral mediator helps parties compromise a solution. 
• Conciliation - A neutral conciliator will suggest grounds to compromise. 
• Arbitration - Parties agree to let a third party make a binding decision.

Starting a claim: The Claimant fills in a N1 claim form, they hand it in to the court staff who will ensure that it is correct. Three copies will be made, one for the Claimant, one for the defendant and one for the court.

Which court: The courts will decide which court the claim should be heard in:

• Small Claims (Under £5000) - County Court.
• Fast Track (£5000-£25000) - County Court. 
• Multi Track (Over £25000) - County Court or Queens Bench Division High Court. 

Defending a claim: Defendant could admit liability and pay the full amount meaning that the case would end. Defendant could dispute the claim they have to send an acknowledgement of service and a defence to the court within fourteen days. If they don't send the defence then they have an extra fourteen days to serve this. If they ignore the claim then the court will make an order that the defendant pays the money.