(1) A claimant starts proceedings by filing in the court office the original and one copy (for sealing) of —
(a) the claim form; and (subject to rule 8.2)
(b) the statement of claim; or
(c) if any rule or practice direction so requires – an affidavit or other document.
(2) A claim is issued on the date entered on the claim form by the court office.
(3) For the purpose of any enactment relating to the limitation of proceedings, a claim is brought on the day on which the claim form is filed at the court office.
• Rule 3.7(2) defines when a document is filed.
(4) A claim form must be in Form 1 except in the circumstances set out in paragraph (5).
(5) Form 2 (fixed date claim form) must be used —
(a) in claims between landlord and tenant;
(b) whenever its use is required by any enactment, rule or practice direction;
(c) where by any enactment proceedings are required to be commenced by originating summons or motion;
(d) in matters involving questions of law only; and
(e) where by any enactment provision is made for an application to be made to the court where the effect of the application commences proceedings in the court.
• Rule 27.2 deals with the procedure under a fixed date claim.
(6) A person who seeks a remedy —
(a) before proceedings have been started;
(b) in relation to proceedings which are taking place, or will take place, in another jurisdiction;
(c) by an application for disclosure orders against a non-party (also known as Norwich Pharmacal Orders); or
(d) by an application to enforce an arbitration award under rule 43.10,
must seek that remedy by an application under Part 11.