OpenLegislation

Rule 16.2 Contents of the claim formI1

England and Wales

(1)

The claim form must—

(a)

contain a concise statement of the nature of the claim;

(b)

specify the remedy which the claimant seeks;

F1(c)

contain a statement of value in accordance with rule 16.3, where the claimant is making a claim for money;

(d)

contain a statement of the interest accrued on that sum, where the only claim is for a specified sum; and

(e)

contain such other matters as may be set out in a practice direction.

F2(1A1)

In a claim to which Part 45 does not apply, no amount shall be entered on the claim form for the charges of the claimant’s legal representative, but the words ‘to be assessed’ shall be inserted.

F3(1A)

In civil proceedings against the Crown, as defined in rule 66.1(2), the claim form must also contain—

(a)

the names of the government departments and officers of the Crown concerned; and

(b)

brief details of the circumstances in which it is alleged that the liability of the Crown arose.

(2)

If the particulars of claim specified in rule 16.4 are not contained in or are not served with the claim form, the claimant must state on the claim form that the particulars of claim will follow.

(3)

If the claimant is claiming in a representative capacity, the claim form must state what that capacity is.

(4)

If the defendant is sued in a representative capacity, the claim form must state what that capacity is.

(5)

The court may grant any remedy to which the claimant is entitled F4, even if that remedy is not specified in the claim form.

(Part 22 requires a claim form to be verified by a statement of truth)

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations

Textual amendments

F1

Rule 16.2(1)(c)-(e) substituted for rule 16(1)(c)-(d) (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 12(1)

F2

Rule 16.2(1A1) inserted (1.10.2023) by The Civil Procedure (Amendment No. 2) Rules 2023 (S.I. 2023/572), rules 1(1), 6(1) (with rule 2)

F3

Rule 16.2(1A) inserted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 22

F4

Rule 16.2(5) comma inserted (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 12(2)

F5

Words in rule 16.2 omitted (1.10.2013) by virtue of The Civil Procedure (Amendment No.7) Rules 2013 (S.I. 2013/1974), rules 2, 8

Commencement

I1

Rule 16.2 in force at 26.4.1999, see Signature