PART 8

How to Start Proceedings

Contents of this Part
The Claimant - how to start proceedings Rule 8.1
Particulars of claim to be issued and served
with claim form Rule 8.2
Right to make claim which includes two or
more claims Rule 8.3
Claim not to fail by adding or failing to
add parties Rule 8.4
Special rules about parties in claims for
wrongful interference with goods Rule 8.5
Declaratory Judgment Rule 8.6
What must be included in claim form Rule 8.7
Contents of fixed date claim form Rule 8.8
Claimants duty to set out case Rule 8.9
Consequences of not setting out claim Rule 8.9A
Certificate of value (small claims) Rule 8.10
Special requirements relating to claims for
personal injuries Rule 8.11
Relator claims Rule 8.12
Service of claim form Rule 8.13
Time within which claim form may be served Rule 8.14

Extension of time for serving claim form Rule 8.15

Defence form etc., must be served with claim form Rule 8.16
The Claimant - how to start proceedings
8.1 (1) A claimant who wishes to start proceedings must file in the registry
of the court at The Supreme Court, King Street, Kingston (or at such
other place as the Rules Committee may determine) the original
and not less than one copy for each defendant (for sealing) of (18/8/2006)
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How to Start Proceedings
(a) the claim form; and
(b) unless either rule 8.2(1)(b) or 8.2(2) applies(i) the particulars of claim; or
(ii) where any rule or practice direction so requires or
allows, an affidavit or other document giving the
details of the claim required under this Part.
(2) Proceedings are started when the claim form is filed.
(Rule 3.7 defines when a document is filed.)
(3) A claim form must be in Form 1 except in the circumstances set out
in paragraph (4).
(4) Form 2 (fixed date claim form) must be used (a) in mortgage claims;
(b) in claims for possession of land;

(c) in hire purchase claims;

(d) where the claimant seeks the courts decision on a question
which is unlikely to involve a substantial dispute of fact;
(e) whenever its use is required by a rule or practice direction;
and
(f) where by any enactment proceedings are required to be
commenced by petition, originating summons or motion.
(For the procedure under a fixed date claim see rule 27.2.)
(5) A person who seeks a remedy (a) before proceedings have been started; or
(b) in relation to proceedings which are taking place, or will
take place, in another jurisdiction, must seek that remedy
by an application under Part 11.
Particulars of claim to be issued
and served with claim form
8.2 (1) A claim form may be issued and served without the particulars of
claim (or affidavit or other document required by rule
8.1(1)(b)(ii)) only if (a) the claimant has included in the claim form all the
information required by rules 8.6. 8.7, 8.8, 8.9 and 8.10; or
(b) the court gives permission.
(2) However in a case of emergency when it is not practicable to obtain
the permission of the court a claimant may issue and serve the

claim form without the particulars of claim (or affidavit or other

document required or permitted by rule 8.1(1)(b)(ii)) provided
that the claimant (17/2/2003)
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(a) certifies in writing that the issue and service of the claim
form is a matter of emergency, stating why; and
(b) serves a copy of (i) the certificate; and
(ii) the application for permission,
with the claim form.
(3) Where a claim form is issued under paragraph (2) the claimant
may take no further steps except to serve the claim form until
permission is given.
(4) The court may give permission under paragraph (1)(b) only if it
is satisfied that (a) the claim form must be issued as a matter of urgency and
that it is not practicable for the claimant to prepare a
particulars of claim or affidavit; or
(b) a relevant limitation period is about to expire and the
claimant has obtained legal advice relating to the claim
for the first time within the 28 days prior to the date that

the claimant wishes to file the claim.

(5) An application for permission may be made without notice but
must be supported by evidence on affidavit.
(6) Any order giving permission for the claim form to be served without
the particulars of claim or affidavit or other document required by
rule 8.(1)(b)(ii) must state a date by which that document must
be served.
(7) Such date must in no case be more than 56 days from the date of
issue of the claim form.
(8) A copy of the order or the certificate and application under
paragraph (2) must be served with the claim form.
(9) The claimant must file a copy of the particulars of claim or other
document required by rule 8.1(1)(b)(ii) served in accordance
with paragraph (6) supported by an affidavit proving service.
(Rule 5.5 deals with proof of personal service, rule 5.11 deals with proof of
postal service, where appropriate and rule 5.12 deals with proof of service by
FAX where permissible.)
Right to make a claim which includes two or more claims
8.3 A claimant may use a single claim form to include all, or any,
other claims which can be conveniently disposed of in the same
proceedings.
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How to Start Proceedings

Claim not to fail by adding or failing to add parties

8.4 (1) The general rule is that a claim will not fail because (a) a person was added as a party to the proceedings who
should not have been added; or
(b) a person who should have been made a party was not
made a party to the proceedings.
(2) However (a) where a claimant claims a remedy to which some other
person is jointly entitled all persons jointly entitled to the
remedy must be parties to the proceedings, unless the court
orders otherwise; and
(b) if any such person does not agree to be a claimant, that
person must be made a defendant unless the court orders
otherwise.
(3) Any number of claimants or dependants may be joined as parties
to the claim.
(4) This rule does not apply in administration or probate proceedings.
(Rules 67.2 and 68.3 deal with parties in such proceedings.)
Special rules about parties in claims for
wrongful interference with goods
8.5 (1) A claimant in a claim for wrongful interference with goods must,
in the particulars of claim, state the name and address of every
person who, to his knowledge, has or claims an interest in the

goods and who is not a party to the claim.

(2) A defendant to a claim for wrongful interference with goods may
apply for a direction that another person be made a party to the
claim to establish whether the other person (a) has a better right to the goods than the claimant; or
(b) has a claim which might render the defendant doubly liable.
(3) Where the person referred to in paragraph (2) fails to attend the
hearing of the application, or comply with any directions, the court
may order that he is deprived of any claim against the defendant
in respect of the goods.
Declaratory judgment
8.6 A party may seek a declaratory judgment and the court may make
a binding declaration of right whether or not any consequential
relief is or could be claimed.
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What must be included in the claim form
8.7 (1) The claimant must in the claim form (other than a fixed date
claim form) (a) include a short description of the nature of the claim;
(b) specify any remedy that the claimant seeks (though this
does not limit the power of the court to grant any other

remedy to which the claimant may be entitled);

(c) give (i) the claimants normal place of residence or
business; and
(ii) an address for service in accordance with rule 3.11;
and
(d) if an individual, state his or her occupation.
(2) A claimant who seeks aggravated damages and/or exemplary
damages must say so in the claim form.
(3) A claimant who is seeking interest must (a) say so in the claim form, and
(b) include in the claim form or particulars of claim details of (i) the basis of entitlement;
(ii) the rate;
(iii) the date from which it is claimed;
(iv) the date to which it is claimed; and
(v) where the claim is for a specified sum 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.
(4) A claimant seeking to recover goods must state the value of the
goods.

(5) A claimant may make a claim for a specified sum of money in a

foreign currency but must state the equivalent sum in Jamaican
currency and the date and basis on which the calculation was made.
(6) A claimant who (a) claims in a representative capacity; or
(b) sues a defendant in a representative capacity,
must state what that capacity is.
(Rule 3.12 requires the claim form to include a certificate of truth, rule 8.5
deals with information required in claims for wrongful interference with goods,
Part 21 deals with representative parties.)
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How to Start Proceedings
Contents of fixed date claim form
8.8 Where the claimant uses form 2, the claim form must state (a) the question which the claimant wants the court to decide;
or
(b) the remedy which the claimant is seeking and the legal
basis for the claim to that remedy;
(c) where the claim is being made under an enactment, what
that enactment is;
(d) where the claimant seeks possession from a tenant,
(i) whether the claim relates to premises in relation
to which there is an exemption certificate pursuant

to the provisions of the Rent Restriction Act; and

(ii) if not, the relevant ground or grounds on which
the claimant relies.
(e) where the claimant
(i) is claiming in a representative capacity; or
(ii) sues a defendant in a representative capacity, what
that capacity is.
(Rule 3.12 requires the claim form to contain a certificate of truth.)
Claimants duty to set out case
8.9 (1) The claimant must include in the claim form or in the particulars
of claim a statement of all the facts on which the claimant relies.
(2) Such statement must be as short as practicable.
(3) The claim form or the particulars of claim must identify or annex
a copy of any document which the claimant considers is necessary
to his or her case.
(4) Where the claim seeks recovery of any property, the claimants
estimate of the value of that property must be stated.
(5) The particulars of claim must include a certificate of truth in
accordance with rule 3.12.
Consequences of not setting out case
8.9A The claimant may not rely on any allegation or factual argument
which is not set out in the particulars of claim, but which could
have been set out there, unless the court gives permission.

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Certificate of value (small claims)
8.10 (1) In any claim in which (a) the quantum of damages alone determines whether the
claim should be brought in the court or the Resident
Magistrates Court; and
(b) where the amount of any damages claimed is not specified,
the claim form must include a certificate by the claimant
that the damages claimed exceed the civil jurisdiction of
the Resident Magistrates Court.
(2) The court may transfer any claim in which the amount claimed
does not exceed the civil jurisdiction of the Resident Magistrates
court to that court.
Special requirements applying to claims for
personal injuries
8.11 (1) This rule sets out additional requirements with which a claimant
making a claim for personal injuries must comply.
(2) The claimants date of birth or age must be stated in the claim
form or particulars of claim.
(3) Where the claimant intends to rely at trial on the evidence of a
medical practitioner, the claimant must attach to the claim form

a report from a medical practitioner relating to the personal injuries

alleged in the claim.
(4) Paragraph (3) does not restrict the right of the claimant to call
other or additional medical evidence at the trial of the claim.
(5) The claimant must include in or attach to the claim form or
particulars of claim, a schedule of any special damages claimed.
Relator claims
8.12 No persons name may be used in any claim as a relator unless
that person has given written authority for that persons name to
be used and the authority is filed at the registry before the claim is
issued.
Service of claim form
8.13 After the claim form has been issued it may be served on the
defendant in accordance with Part 5 (service of claim form) or
Part 7 (service out of the jurisdiction).
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How to Start Proceedings
Time within which claim form may be served
8.14 (1) The general rule is that a claim form must be served within 12
months after the date when the claim was issued or the claim form
ceases to be valid.
(2) The period for (a) service of an Admiralty claim form in rem; or

(b) service of a claim form out of the jurisdiction,

is 12 months.
(Part 7 deals with service out of the jurisdiction; Part 70 deals with Admiralty
proceedings.)
Extension of time for serving a claim form
8.15 (1) The claimant may apply for an order extending the period within
which the claim form may be served.
(2) The period by which the time for serving the claim form is extended
may not be longer than 6 months on any one application.
(3) An application under paragraph (1) (a) must be made within the period (i) for serving the claim form specified by rule 8.14;
or
(ii) of any subsequent extension permitted by the
court, and
(b) may be made without notice but must be supported by
evidence on affidavit.
(4) The court may make an order for extension of validity of the claim
form only if it is satisfied that (a) the claimant has taken all reasonable steps (i) to trace the defendant; and
(ii) to serve the claim form,
but has been unable to do so; or

(b) there is some other special reason for extending the period.
(5) Where an order is made extending the validity of the claim form (a) the claim form must bear a certificate by the claimant or
the claimants attorney-at-law showing the period for which
the validity of the claim form has been extended; and
(b) a sealed copy of any order made must be served with the
claim form
(6) No more than two extensions may be allowed unless the court is
satisfied that (18/9/2006)
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(a) the defendant is deliberately avoiding service; or
(b) there is some other compelling reason for so doing.
Defence form etc., must be served with claim form
8.16 (1) When a claim form is served on a defendant, it must be
accompanied by (a) a form of acknowledgment of service (form 3 or 4);
(b) a form of defence (form 5);
(c) the prescribed notes for defendants (form 1A or 2A);
(d) a copy of any order made under rules 8.2 or 8.13; and,
(e) if the claim is for money and the defendant is an
individual, a form of application to pay by instalments

(form 6);
(2) There must be inserted on each form (a) the address of the registry to which the defendant is to
return the forms;
(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 direction, the form sent to the defendant
must be in a standard form of that type.