In general a claim in the ordinary procedure is one where the value of the claim is higher than £100,000 or where the financial value of a claim is to be decided by the court.
If the amount of your claim suggests it will be dealt with in the ordinary procedure it is recommended that you seek legal advice. Litigants and their advisors are expected to be familiar with the 2009 Rules of the High Court of Justice.
How to make a claim?
To make a claim you or your legal advisor should complete Form HC1 - Claim form (general) (Word) (PDF). Form HC1A - Notes for claimant (PDF) will help you fill in the claim form. Each heading on the form has a separate note relating to it.
It is important that you read the guidance notes carefully before you start to complete the form. Court staff cannot provide you with advice.
The defendant lives outside the Isle of Man, how can I serve?
If the defendant is to be served outside the Isle of Man you may need to obtain the court’s permission. Use Form HC8C - Application notice (permission to serve outside the jurisdiction) (Word doc) (PDF) to apply to the court for service outside of the Isle of Man. You should seek legal advice if you are in any doubt.
What do I, the defendant, do when I am served with a claim form?
You have a limited time in which to reply to the claim. Do not ignore it, act quickly.
You should have received a “Response Pack” with the claim form or the particulars of claim if they were served separately. The response pack contains all the forms you need, with guidance notes, to reply to the claim.
You may either:
pay the amount claimed
admit all or part of the claim or liability for the claim and ask for time to pay
dispute (defend) the claim
If the claim is for a specified amount (a fixed amount of money), the response pack will contain:
If the claim is for a unspecified amount (not for a fixed amount of money), the response pack will contain:
Before you complete any of these forms, be sure to read HC1B - Notes for defendant (PDF).
Please remember that this section of the website can only provide you with a general idea of what is likely to happen. The website cannot explain everything about court rules, costs and procedures which may affect different claims in different ways. Court staff can provide you with information, tell you about court forms and procedures, but they cannot give you legal advice or answer questions like "Will I win my case?" or "What evidence do I need?". You should seek legal advice from an advocate.