Issuing a claim at a County Court on a protective basis

[heisenberg]

Dear all,

My legal aid solicitor is dragging his heals in regards to an Equality Act 2010 claim I have. He has taken circa 3 months and nothing has progressed in my case.

My claims will be out of time in around a week.

How do I issue my claim on a protective basis? I should also be exempt from court fees.

Sincere thanks.

[pt2537]

Dear all,

My legal aid solicitor is dragging his heals in regards to an Equality Act 2010 claim I have. He has taken circa 3 months and nothing has progressed in my case.

My claims will be out of time in around a week.

How do I issue my claim on a protective basis? I should also be exempt from court fees.

Sincere thanks.

Ok so what you would do with a civil claim, assuming youre using an N1 Claim form, you would mark the Claim "SOLICITOR SERVICE"

You would then in the covering letter say words to the effect

Please find enclosed for issue the completed claim form in the above matter. We should like to effect service on the Defendant ourselves, therefore please return the sealed claim form with any response pack so that we may serve proceedings on the Defendant.

[heisenberg]

Ok so what you would do with a civil claim, assuming youre using an N1 Claim form, you would mark the Claim "SOLICITOR SERVICE"

You would then in the covering letter say words to the effect

Please find enclosed for issue the completed claim form in the above matter. We should like to effect service on the Defendant ourselves, therefore please return the sealed claim form with any response pack so that we may serve proceedings on the Defendant.

Many thanks! That is much appreciated.

[heisenberg]

Just another quickie:

I've issued the claim on or around 22 May 2019 and have all the court forms. I believe I have around 4 months to take the next step? The other side still seems to be dragging its feet.

If I decide to proceed with the claim, what do I do next?

Many thanks again for all your invaluable help.

[heisenberg]

Also, the address for service on the claim form is not the instructed solicitors' address, but the address of the Defendant. Will this cause a problem when I service the court documents on the Defendant's solicitors (once they have confirmed they will accept service)?

[pt2537]

Also, the address for service on the claim form is not the instructed solicitors' address, but the address of the Defendant. Will this cause a problem when I service the court documents on the Defendant's solicitors (once they have confirmed they will accept service)?

no, the address is not an issue, you serve on the solicitors if they have confirmed they are instructed to accept service and have confirmed the address to serve on

[heisenberg]

no, the address is not an issue, you serve on the solicitors if they have confirmed they are instructed to accept service and have confirmed the address to serve on

Sincere thanks!

[heisenberg]

Okay, something has gone seriously wrong with the service of a further claim. I sent the Court a cover letter stating I would like to effect service on the Defendant, but I didn't mark the claim form with "SOLICITOR SERVICE".

The Court has now sent me a Notice of Issue, which suggests they have served the claim on the Defendant. Further, the Court has not sent me any claim forms.

Have I just got myself in a pickle?

[heisenberg]

Just spoken to the Court and they have conceded to have erred. I'm told the matter has gone to a Judge to remedy.