Claimant

Claimant meaning

Claimant is the party issuing a claim. Previously known as the plaintiff. The claimant is the individual who initiates legal action by going to court to file a complaint against another party. The claimant commenced this action to recover damages that were sustained while working for the defendant. A claimant is a person or organisation that has taken legal action against you in the form of a money decision or a judgement in general. They have the option of representing themselves in the case or giving their barrister instructions to initiate judicial proceedings on their behalf.

Rules for the Claimant

As a Claimant, there are specific rules that must be followed when initiating legal action. Firstly, a pre-action protocol must be adhered to, which means sending a letter before claim, setting out the details of the dispute and the remedy sought. Additionally, Claimants must ensure that they have standing to bring the claim, meaning they have a sufficient legal interest in the matter. It is also important to note that the UK has a system of costs shifting, where the losing party in a case pays the winner's legal costs. Therefore, Claimants need to consider the strength of their case before pursuing legal action to avoid costly consequences. Overall, it is essential for Claimants to understand the rules and procedures of bringing a claim in the UK to ensure a smooth and successful legal outcome.

Claimant and the Civil Procedre Rules 1998

The Civil Procedure Rules 1998 set out the procedural steps that the Claimant must follow in order to bring their claim to court. These rules were implemented with the aim of making the civil process more streamlined, efficient, and less costly for parties involved. Under the rules, the Claimant must prepare and serve a claim form which sets out the details of their claim, including the legal basis and the amount of damages sought. The Claimant must also comply with the pre-action protocol and disclose any relevant documents to the other party during the litigation process. Failure to comply with the Civil Procedure Rules 1998 can result in serious consequences, including the dismissal of the claim or cost sanctions.

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