By Alex Lyttle, associate partner at Tayntons Solicitors 

With the internet being accessible to more or less everyone, basic legal claims can seem straightforward.

Although this is often the case, the claimant can encounter problems with the court process.

When issuing a claim, the claimant will submit a claim form including a document setting out the factual and legal circumstances of the dispute in addition to what is being claimed. This document is known as the particulars of claim. claimants who do not seek legal advice often find their claim is not issued as a result of a procedural mistake.

A common error made by claimants is the failure to include adequate detail of the dispute. This in turn allows a defendant to rely on this in support of their defence. Further, the defendant can reserve the right to submit a further amended defence should the court order the claimant to provide further more detailed particulars of claim. It is likely the court will order the claimant to pay the defendant's costs for doing this.

Another common error is the failure to serve the claim on the court correctly. In these circumstances the court may strike out the claim and the claimant will then need to reissue the claim and having to pay a further fee. The court fee for any claim over £10,000 will be 5% of the total amount claimed, so it is crucial the claim is issued correctly.

Once the claim is successfully issued and sealed by the court, either the court or claimant can send it to the defendant. The delivery of these documents is known as "service" of the claim. Once the defendant receives the claim, they have two weeks to file a form called an acknowledgement of service stating they are defending all of the claim and a further two weeks to file a defence. If either the acknowledgement of service or defence is not received by the court the claimant can obtain "judgement in default". This allows the claimant to take steps to enforce their claim and recover what is owned from the defendant. If the defendant did not receive the claim as it was improperly served, any judgement will be set aside leading to further cost to the claimant.

Though seeking legal advice when issuing a claim may seem costly it means the Claimant can be confident that their claim is issued and served correctly.

Have any questions or in need of your own legal advice? Contact Alex Lyttle and the team at Tayntons. Telephone 01452 522047, email info@tayntons.co.uk or visit www.tayntons.co.uk.