Pre-action and starting a claim
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28 Terms
Pre-action protocol (PI)
Defendant must acknowledge Letter of Claim within 21 days
PI Letter of Response
Defendant must respond within 3 months of acknowledging the claim
Non-PI claim over £100,000
Can be brought in County Court or High Court
Non-PI claim £100,000 or less
Must be brought in County Court
PI claim over £50,000
Can be brought in County Court or High Court
PI claim £50,000 or less
Must be brought in County Court
Claim form service deadline
Must be served within 4 months of issue
Extension to serve claim form
Application must be made within the 4-month service period
Particulars served separately
Must be served within 14 days of claim form service
Particulars served separately rule
Must still be served within the same 4-month claim form period
Certificate of service
Filed within 21 days of service
Certificate of service exception
Not needed if all defendants file Acknowledgment of Service in time
Copy of particulars of claim
Filing at court required within 7 days of service
Claim form deemed service
2nd business day after completing the service step
Particulars in claim form
Same deemed service date as claim form
Instant service methods
Personal service, email, fax, or delivery to permitted address
Instant service before 4
30pm on business day
Instant service after 4
30pm or non-business day
Non-instant service methods
Post or DX
Post/DX deemed service
2nd business day after posting or giving to DX
Acknowledgment of Service (AOS)
Defendant's formal confirmation they received the claim
Letter of Claim
Starts the pre-action protocol process
Letter of Response
Defendant's detailed response to the claim
4-month rule
Remember claim form must be served within 4 months of issue
14-day rule
Separate particulars must be served within 14 days of claim form service
21-day rule
Certificate of service filed within 21 days
7-day rule
Copy particulars filed at court within 7 days
PI protocol timeline
21 days to acknowledge + 3 months to investigate and respond