Key points to note are:
- these claims are automatically allocated to the multi-track which means that legal costs are recoverable irrespective of the size of the claim;
- the claim must be commenced on a form N208 and not the standard N1 claim form;
- the claim cannot be commenced using the moneyclaim online service;
- the Claimant is required to serve a witness statement with their claim form setting out their evidence;
- the Defendant is required to serve a witness statement with its aknowledgment of service setting out its evidence;
- failure to serve witness statements at the appropriate times will preclude reliance onm evidence save by permission of the Court
A great many claims are currently not being commenced correctly and are not having the appropriate procedure followed. While it is unlikely that a claim will be struck-out for following the improper procedure, a defendant may be precluded from giving evidence and there may be costs implications for both parties if the correct procedures are not followed.