 |  |
|
 |
 |
 |
 |
|  |
|  |
|
K2. Mode of commencing proceedings
| 276. | One of the objectives of the Woolf reforms was simplification by providing for only one procedural form for the commencement of proceedings. This has partly been implemented under the CPR which provide for two methods of commencement. |
| 276.1 | Part 7 of the CPR provides for claims to be started by issue of a "claim form" in place of "the plethora of originating process previously available in the High Court (writ, originating summons, originating motion and petition) and in the county court ......" (Note 213) |
| 276.2 | By Part 8 of the CPR, an alternative procedure is set up which is available to a litigant who "seeks the court's decision on a question which is unlikely to involve a substantial dispute of fact" or where this procedure is expressly sanctioned by a rule or practice direction. |
| 277. | Readers are consulted as to whether the mode of commencing proceedings should be simplified to involve only two forms of commencement, abolishing distinctions between writs, originating summonses, originating motions and petitions: Proposal 6. |
Notes
| 213 | White Book 7.2.1. <back> |
|
 |
|
