The Claimant - how to start proceeding
8.1 (1) Proceedings are started by filing in the court office the original and one copy
(for sealing) of -
(a) a Claim Form; and
(b) the Claimant's Statement of Case.
(2) A claim is issued on the date entered on the form by the court office.
(3) A claim form must be in Form 1 or 2, with or without variations.
(4) Form 2 (Fixed Date Claim) must be used -
(a) in proceedings for possession of premises which are
- occupied in whole or in part for residential purposes; or
- subject to any statutory restrictions on the claimant's right to possession; and
(b) in claims arising out of hire-purchase or credit sale agreements; and
(c) whenever its use is required by a rule or practice direction; and
(d) where by any statute proceedings are to be commenced by an originating summons or
motion.
(5) A person must make an application under Part 11 if he seeks a remedy from the court
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(a) before proceedings have been started; or
(b) in relation to proceedings which are taking place, or will take place, in another
jurisdiction.
Statement of case to be issued and served with claim form
8.2 (1) A claim form may be issued and served without the claimant's statement of case
only where-
(a) any of these Rules requires an affidavit to be filed in support of a claim; or
(b) where full details of the claim are set out on the claim form; or
(c) the court gives permission.
(2) The court may only give permission if it is satisfied that -
(a) the claim must be issued as a matter of urgency and that it is not practicable for
the claimant to prepare a statement of case.; or
(b) a relevant limitation period is about to expire and the claimant has only obtained
legal advice within the 7 days prior to the date that he wishes to file his claim.
(3) An application for permission may be made without notice but must be supported by
evidence.
(4) Any order giving permission for the claim form to be served without a statement of
case must state a date by which the statement of case must be served.
(5) Such date must in no case be more than two months from the date of service of the
claim form.
(6) A copy of the order must be served with the claim form.
Where to start proceedings
8.3 (1) The general rule is that a claim may be started in any court office of the High
Court.
(2) However
(a) any proceedings relating to land in Tobago must be started in the court office at
Tobago; and
(b) a practice directions may require that claims of a specified type must be issued in a
particular court office.
Right to make a claim which includes two or more claims
8.4 A claimant may make a claim which includes all, or any, other claims which can be
conveniently disposed of in the same proceedings.
What must be included in the claim form
8.5 (1) The claim form must -
- include a short description of the claim; and
- specify any remedy that the claimant is seeking (though this does not limit any power of
the court to grant any other remedy to which he may be entitled).
(2) If the claimant is seeking aggravated damages and/or exemplary damages he must say
so expressly on the claim form.
(3) If the claimant is seeking interest, he must -
- say so expressly on the claim form, and
- include details of
- the basis of entitlement; and
- the rate; and
- the period for which it is claimed; and
- where the claim is for a specified amount of money, the total amount of interest claimed
to the date of the claim; and
- the daily rate at which interest will accrue after the date of the claim,
on the claim form or in his statement of case.
(4) If the claimant is claiming in a representative capacity under Part 21 he must
state what that capacity is.
(5) If the defendant is sued in a representative capacity under Part 21, the claimant
must state what that capacity is.
Claimant's duty to set out his case
8.6 (1) The claimant must include on the claim form or in his statement of case a short
statement of all the facts on which he relies.
(2) The claim form or the statement of case must identify or annex a copy of any
document which the claimant considers is necessary to his case.
Certificate of value (small claims)
8.7 If the amount of any damages claimed is not specified the claim must include a
certificate by the claimant or his attorney that the damages claimed exceed $15,000.
Certificate as to Truth
8.8 (1) The claimant must certify on the claim form or his statement of case that he
believes that the contents are true and that he is entitled to the remedy claimed.
(2) If it is impractical for the claimant to give the certificate required by paragraph
(1) it may be given by his attorney.
(3) If the certificate is given by the attorney he must also certify -
(a) the reasons why it is impractical for the claimant to give the certificate; and
(b) that the certificate is given on the claimant's instructions.
Additional matters which must be included on the claim form or
statement of case
8.9 (1) Where the claim is for possession of land the claimant must state -
(a) whether his right to possession is subject to any, and if so what, statutory
restrictions; and
(b) whether any part of the premises is occupied for residential purposes.
(2) Where the claim form is issued by an attorney it must be -
(a) signed by the attorney; and
(b) give his name and business address and facsimile transmission number (if any); and
(c) if that address is not within 3 miles of the court office where the claim form is
issued give an address for service within that area; and
(d) if the claim form is issued by an agent it must be signed by the agent and give his
and his principal's name, address and address for service.
(3) Where the claim form is signed by the claimant personally (or in the case of a body
corporate, by an officer of that body corporate), it must give the claimant's address and
if that address is not within 3 miles of the court office where the claim form is issued
an address for service within that area.
Special requirements applying to claims for personal injuries
8.10 (1) This rule sets out additional requirements with which a claimant in a claim
for personal injuries must comply.
(2) The claim form or the statement of case must state the claimant's date of birth or
age.
(3) If the claimant will be relying on the evidence of a medical practitioner the
claimant must attach to the claim form a report from a medical practitioner on the
personal injuries which he alleges in his claim.
(4) The claimant must include in, or attach to, his claim form or statement of case a
schedule of any special damages claimed.
Relator claims
8.11 No person's name may be used in any claim as a relator unless that person has
given written authority for his name to be used and the authority is filed at the court
office before the claim is issued.
Service of a claim form
8.12 After a claim has been issued the claim form and statement of case may be served
on the defendant in accordance with Part 5 (Service of Claim Form) or Part 7 (Service out
of the jurisdiction).
Time within which a claim form may be served
8.13 (1) The general rule is that a claim form may only be served within four months
after the date when the claim was issued.
(2) The period for service is six months where the claim form is to be served out of
the jurisdiction.
(3) The period for service of an Admiralty claim form in rem is twelve months.
(Part 7 deals with service out of the jurisdiction; Part 74 deals with Admiralty
proceedings)
Extension of time for serving a claim form
8.14 (1) The claimant may apply for an order extending the period within which the
claim form may be served.
(2) The general rule is that an application to extend the time for service must be made
within the period for serving the claim form specified by rule 8.13.
(3) If the claimant applies for such an order after the end of the period specified by
rule 8.13, the court may make such an order only if it is satisfied that the claimant has
taken all reasonable steps -
(i) to trace the defendant; and
(ii) to serve the claim, but has been unable to do so; and when the claimant has acted
promptly in making the application.
(4) An application for an order extending the time for service may be made without
notice but it must be supported by evidence.
Defence form must be served with claim form
8.15 (1) When a claim form and statement of case are served on a defendant, it must be
accompanied by -
(a) a form for entering appearance (Form 3 or 4); and
(b) a defence form (Form 6); and
(c) an application to pay by instalments (Form 5);
(d) the prescribed notes for defendants (Form 1A); and
(e) a copy of any order made under rules 8.2 or 8.14.
(2) There must be inserted on each form -
(a) the address of the court office to which the defendant is to return the forms; and
(b) the title of the claim; and
(c) the reference number of the claim.
(3) Where there is a standard defence form appropriate to the particular case set out
in a practice guide, the form sent to the defendant must be in a standard form of that
type.
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