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Civil procedure 441

serious offences, tried with a jury; summary offences are less serious and tried without a
jury in the magistrates’ court.

Civil procedure

It is not appropriate for this book to consider civil court procedure in any degree of detail.
However, three matters are dealt with in outline. These matters are: how a claim is made;
the possible responses to a claim; and the track to which the case will be allocated if the case
proceeds to court.

Making a claim

A legal claim is formally commenced by filling in a claim form and serving this upon the
defendant. However, it is very important to realise that this should be a last resort. First, the
claimant should make a genuine attempt to settle the claim. If no satisfactory response is
received, the claimant should send a final letter to the other party, explaining that if a satis-
factory response is not received within a certain time then a claim will be made and formal
legal proceedings will be started. This letter should not be too unreasonable or hostile. The
time limit should be definite but should give the defendant a reasonable time in which to
reply. Copies of all correspondence should be kept. If no satisfactory response is received
then it will be necessary to fill in and serve a claim form.
Claim forms, which are relatively easy to complete, can be collected free from any local
county court or they can be downloaded online. County court staff or Citizens’ Advice
Bureaux staff will give advice on completion of the form if this is needed. Interest on money
owed by the defendant can be claimed at the rate of 8 per cent per annum from the date on
which the money became owed.
In order to start a claim in the county court, the claimant must pay a fee to the court. The
amount of the fee depends upon the size of the claim. At the moment the fees are as shown
in Table 17.1.

Value of claim

Up to £300

£300.01–£500

£500.01–£1,000

£1,000.01–£1,500

£1,500.01–£3,000

£3,000.01–£5,000

£5,000.01–£15,000

£15,000.01–£50,000

£50,000.01–£99,000.99

Claim made in court

£30

£45

£65

£75

£85

£108

£225

£360

£630

Claim made online

£25

£35

£60

£70

£80

£100

£210

£340

£595

Table 17.1Fees to start a claim for money, County Court

An allocation questionnaire fee later becomes payable. If the claim is not a small claim this
is £200. If the claim is a small claim of between £1,500 and £5,000 the fee is £35. If the claim
is a small claim below £1,500 no allocation fee is payable.