Guidance

Issue a claim for damages with MyHMCTS

Updated 28 July 2023

1. Before you start

Before you can create a case using MyHMCTS, you and/or your organisation must have completed other steps:

1. Set up a HMCTS Payment by Account to pay the court fees online.
2. Registered your organisation with MyHMCTS.
3. Set up your MyHMCTS user account.

The MyHMCTS guidance has further information and instructions. If your organisation has an account already, contact the administrator to arrange for your account creation.

Sign in to MyHMCTS using your email address and password.

If you need additional help with MyHMCTS email [email protected]. We aim to respond within 5 working days.

MyHMCTS is different from other services you or your organisation may previously have registered with, such as Money Claim Online (MCOL). Registering with MyHMCTS allows legal representative organisations to issue a claim, and then notify the claim and claim details by email. It also allows organisations to respond to and manage claims in their online account.

Currently only legal representative organisations registered with MyHMCTS and that have agreed to accept email notifications can use the online service. You can issue damages claims against unregistered legal representative organisations but you will serve in the usual way - on paper instead of online.

‘Notifying a claim’ and ‘notifying claim details’ have replaced ‘confirming service’ in the online journey.

Legal organisations representing defendants and signed up to the service now have 28 days to submit their directions questionnaire after the claimant has submitted theirs.

Saving the details you enter as draft is not currently available in MyHMCTS.

Visit MyHMCTS: how to complete case administration tasks for guidance on case administration tasks, such as:

• sharing a case
• assigning a case
• filing a notice of change or acting

2. Create a case

Case type

1. Once you have signed in, you will see your case list – this will be empty the first time you sign in.

2. Select ‘Create case’ at the top of the screen. Use the drop-down boxes to select:

• Jurisdiction: Civil
• Case type: Civil Claim
• Event: Create claim

Eligibility

1. Before you begin to create the claim you will see a screen explaining the criteria the legal representative and claimant need to meet to use the service. For example, the claimant must have a litigant friend if they are under 18.

2. Check that the claimant and the legal representative fit the criteria and then select ‘Continue’.

Claim references

1. You are asked to provide your organisation’s reference for this claim and, if you know it, the defendant’s legal representative’s reference.

These are optional. If you do not know the references, or do not have them available, you can still continue.

Choose court location

1. Enter the code for the court at which you would like the case to be heard.

2. Use court finder to find the code for the court you want to use.

Claimant details

1. You are asked to enter the details of the claimant. If the claimant is a private limited company, select ‘Company’. For all other organisations, such as other businesses, charities or local authorities, select ‘Organisation’.

2. You will need to enter the claimant’s name, address and, when the claimant is an individual, their date of birth.

3. When you have filled in the claimant details, select ‘Continue’.

If the claimant is a child

A child is defined as someone aged under 18 at the time the claim is issued.

1. If the claimant is a child, you must provide details of the child’s litigation friend.

2. You must also upload the litigation friend’s certificate of suitability. If you do not provide this information you cannot continue.

Notifications

1. You are shown your registered email address and asked if you want notifications sent to this email address.

2. You can select ‘Share a case’ at the top of the screen if you want to add someone else’s email address.

Search for the claimant’s legal representative

1. You are shown a screen to provide your organisation’s claim reference again and the name of the defendant legal representative’s organisation.

2. Only organisations currently registered with MyHMCTS can be notified of the claim digitally.

Defendant details

1. You are asked to provide details for the defendant. You add this in the same way you provide the claimant’s details.

2. You cannot continue if you do not provide this information.

Defendant’s legal representative

1. You are asked if the defendant has a legal representative.

2. Select ‘Yes’ and you are asked to provide the defendant legal representative’s email address. Email notifications are sent to this address.

3. If you select ‘No’ you can still issue the claim but the claim will then continue on paper (offline).

Legal representative’s organisation

1. You are asked if the legal organisation representing the defendant is registered with MyHMCTS.

2. By selecting ‘Yes’ you are confirming that the organisation is authorised to accept notifications on behalf of the defendant.

3. If you select ‘No’ you can still issue the claim but the claim will continue on paper (offline).

Type of claim

1. You are asked to identify the type of claim. This is to assist the Judge with initial directions and for management information purposes.

2. If damages for personal injuries are claimed then you should choose ‘Personal injury’ or ‘Clinical negligence’ as appropriate, even if there is also a claim for (for example), breach of contract.

3. If not then select the option that best describes the general nature of the claim.

4. Select ‘Continue’.

Briefly describe the claim

1. You are asked to briefly describe the claim. This information will be included on the claim form. Give details such as what happened, relevant dates and who was involved.

Particulars of claim and other documents

1. You are asked if you want to provide Particulars of Claim. If you do not do so at this stage you will need to provide them within 4 months of claim issue or the claim will be automatically dismissed.

2. You can provide the Particulars of Claim either by uploading the document or using the text field.

3. You can also upload documents that you may wish to file with the Particulars of Claim such as a medical report or schedule of loss.

4. Any documents you upload will not be sent to the other party at this stage. At this stage you are only creating the claim and storing relevant documents. Once you have issued the claim and your fee payment has been confirmed you can then notify the claim and the claim details. After this, HMCTS caseworkers and the registered organisation representing the defendant will be able to view these documents.

Claim value

1. You are asked to enter the total amount of damages you are claiming.

2. You will also have to pay a fee. The fee is calculated based on the amount you are claiming.

3. You can see the fees for issuing a claim on this screen. Select ‘Continue’ after you have entered your statement of value.

Claim fee

1. After you have entered the claim value you will be presented with your issue fee amount. You are asked to select your Payment by Account (PBA) number from a dropdown list provided.

2. If your PBA number is not in the list you can add one by selecting ‘Other’.

You cannot continue if you do not do this.

Details of PBA payment

Enter a unique reference to identify the claim. This will appear on your statements.

Statement of truth

1. You are asked to enter your name to verify the statement of truth for the brief details of claim.

2. By entering your name, and providing your role, you are confirming on behalf of the claimant that the facts set out in the brief details of the claim are true.

Check your answers

1. You can make any corrections by selecting ‘Change’ in the relevant row. This will take you to the relevant previous screen where you have entered information.

2. Once you are happy with the information and answers you have provided select ‘Submit’.

Confirmation screen

1. You are presented with a confirmation screen. The confirmation screen explains what happens next. You can return to the claim details from this screen.

2. The claim is not issued at this point. It is only issued once the issue fee has been successfully collected from your PBA account. Once the claim is issued you will get an email notification.

3. To serve the defendant you will then need to ‘Notify claim’ and ‘Notify claim details’ from the dropdown menu in your account.

4. Get help with MyHMCTS

Managing cases and case access in MyHMCTS

If you need support with a particular case or with managing a case on MyHMCTS, email [email protected].

If the claim has already moved offline, email [email protected].

If you see an error message or have a technical issue when managing a case, such as the claim not being fully issued, email [email protected].

Find guidance for case administration tasks in MyHMCTS

Accessing your MyHMCTS account

If you are having trouble accessing MyHMCTS, make sure you are using the correct link. To manage a case you must use https://manage-case.platform.hmcts.net.

You should also make sure:

• your internet browser is up to date – we recommend you use Google Chrome or Microsoft Edge (you cannot use Internet Explorer or Apple Safari)
• you have cleared your cookies and your cache
• you check your firewall and security settings

We recommend that you bookmark or favourite MyHMCTS in your internet browser. You should only create the bookmark or favourite once you have signed in and are on the homepage. Do not create it from the sign in or verification pages, or while you have a case or organisation open.

If you are still having trouble accessing MyHMCTS, try using a different device to sign in.

If you have an IT support team, they will be able to help with any device, browser and security issues.

If you have an issue with your MyHMCTS account, you should contact an account administrator in your organisation.

If you need additional support with your MyHMCTS account, email [email protected]. We aim to respond within 5 working days.