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Every proceeding in the Supreme Court is started by filing with the office of the Supreme Court what is called a Claim.

A Claim is a document filed with the court that sets out the facts of your case against the offending party who has caused you injury or damages and what you are asking the court to give you as compensation for the loss you say you have suffered.

 

Before starting any action in the court, it is always a good idea to get legal advice [SEE: previous articles on “Things to Consider when Hiring a Lawyer” and “Representing yourself in Civil Proceedings”] as well as to consider any alternatives to going to court, like mediation [SEE: previous article on “Understanding the Mediation Process”].

 

If you are unable to find some other way to resolve your case without going to court then you need to consider which court is the right place to start your claim, the forms you must use and the court fees to be paid.

 

In Vanuatu, most cases where your claim for damage is VT2 million or less should be started in the Magistrates Court; [SEE:http://www.paclii.org/vu/legis/consol_act/mcja403/]. Any case VT2 million and over is to be started in the Supreme Court.

 

The filing fee that is paid to the court for starting a claim is VT20, 000 as set out in the Schedule to the Civil Procedure Rules (CPR) 2002; [SEE:http://www.paclii.org/vu/rules/ct_rules/cpr2002s303/]. This fee is payable at the time of filing the Claim and is non-refundable.

 

Your Claim should set out all the important facts which you wish to bring before the court. This is not the time to set out the evidence you intend to rely on to prove those facts. Proving your case is for a later stage. If you are relying on a Statute, Principle of law or Custom Law you should identify this in your Claim, and finally, you must state what orders you want the court to make or remedies you are asking for.

 

Even though you will not include evidence in your Claim it is important at this early stage to start thinking of the evidence you will need to prove the facts you have put in the Claim, that is, what witnesses you have who can verify your story. Your witnesses should be able to come across as truthful and be able to tell their version of the story clearly. You should also put together all the documents you have that can help to prove the facts in your Claim such as any letters, receipts, etc. Without witnesses and/or documents it will be very difficult to convince a court to make a decision in your favour.

 

The Claim must: [SEE:http://www.paclii.org/vu/rules/ct_rules/cpr2002s303/]

• Have the heading as set out in Form 1 to the CPR.
• Be in Form 5 of the CPR with attached Notes for the Defendant.
• Have attached to the Claim the Response in Form 7 that is for the Defendant.
• Be typewritten or in neat and clear handwriting.
• Be divided into numbered paragraphs, with each paragraph dealing with a separate matter.
• Have each page numbered.
• Show the address of your lawyer, or if you are not represented by a lawyer then your address, telephone and email address where the court and the defendant can contact you and serve documents.

 

Once you have filed your Claim you have 3 months from the date of filing to serve that Claim personally on the defendant. Personally, means that you can only put the document in the hand of or at the feet of the defendant and not any other person. If you do not serve it within that time you cannot try to serve unless you apply to the court to have it renewed. If you have made attempts to serve the defendant personally and it is proving difficult then you can make an application to the court to serve the defendant by some other way and the court will give you directions. Once you have successfully served the defendant, he/she has 14 days to file the Response attached to your Claim or if they do not file the Response then they have 14 days to file their Defence [SEE: CPR 4.13(2)]from the date they received the Claim.

 

In another article we will look at what you must do if youare served with a Claim.

 

 

DISCLAIMER – This is a legal column to provide basic information on the law and court procedure. It is not to be used as a substitute for legal advice but to be used only as a starting point in understanding what you might need and what you might need to do.     

 

If you have any questions or require clarification on the above please contact the writers at vanuatulaw@gmail.comor contact us at website www.pawthelaw.info