442 Chapter 17The resolution of business disputes
Before the court hears the case a further hearing fee becomes payable. The amount of
these fees is currently as shown in Table 17.2.
If the claim includes a claim for personal injuries, the claimant will have to state whether
the amount which he or she expects to recover in respect of the personal injuries is more
or less than £1,000. If the amount of the claim is not for personal injuries, but the exact
amount of the claim is not known, the claimant will have to state whether he or she expects
to recover either more than £5,000, or between £5,000 and £15,000, or over £15,000. As
we shall see, these figures are the ones which determine the track to which the case will be
allocated.
Once the claim form has been completed, the claimant should photocopy it twice. The
form and a copy of it are given to the court. The court will keep the form and send the
copy to the defendant along with a ‘response pack’, which outlines the various responses
which the defendant might make. The claimant should keep one copy of the claim. As
an alternative to getting the court to serve the documents on the defendant, the claimant
may serve them personally. This involves giving the documents to the defendant and
explaining what they are. If the defendant refuses to take the documents, the claimant
serves them by dropping them at the defendant’s feet. If the defendant is a partnership the
documents may be personally served upon any partner. If the defendant is a company
the documents may be personally served upon any director of the company or upon the
company secretary.
The claimant will need to indicate on the claim form the full name and address of the
defendant. If the defendant is in trade as a sole trader, the claimant should give the defend-
ant’s name and add any name under which the defendant is trading. For example, ‘Jane
Smith trading as Smith’s Florists’. If a partnership is sued, the claimant should give the firm
name and add the words ‘a firm’. For example, ‘Smith & Co, Florists – a firm’. When either
an individual or a firm is sued, the claimant should give as the address for service of the
documents either the individual’s residential address or the principal place of business con-
ducted by the individual or the firm. When a company is sued, the claimant should give the
full name of the company and the address given should be either the company’s registered
office or any other place where the company carries on business if this has a real connection
with the case. For example, in a case in which the claimant claims to have been injured by
faulty goods sold by Acme Ltd, a retailer, the address might either be Acme Ltd’s registered
office or the address of the shop where the faulty goods were bought.£300 or less
£300.01–£500
£500.01–£1,000
£1,000.01–£1,500
£1,500.01–£3,000
Small claim over £3,000
Fast track case
Multi-track case£25
£50
£75
£100
£150
£300
£500
£1,000Table 17.2 County Court hearing fees