1. Commencement

Question 1

Why is starting a claim important?

Answer 1

It marks the point where the court takes over case management and stops the limitation clock.

Question 2

What are the two courts where a claim can be started?

Answer 2

County Court (for simpler claims) and High Court (for complex/high-value claims).

Question 3

What are the two main types of claims?

Answer 3

Part 7 (contentious claims) and Part 8 (claims with no substantial dispute of fact).

Question 4

When do proceedings officially start according to CPR 7.2?

Answer 4

When the court issues the claim form at the claimant’s request.

Question 5

Can one claim form be used for multiple claims under CPR 7.3?

Answer 5

Yes, if the claims can be conveniently disposed of in the same proceedings.

Question 6

What are the rules for serving Particulars of Claim under CPR 7.4?

Answer 6

Particulars of claim must either be contained within and served with the claim form, OR served separately within 14 days after the claim form.

Question 7

Where can proceedings be started under PD7A 1?

Answer 7

Either High Court or County Court if both have jurisdiction.

Question 8

When should a claim be started in the High Court under PD7A 2.1-2.6?

Answer 8

For claims of £100k or more, they must be started in the High Court. For personal injury claims, they must be £50k or more.

Question 9

How should Business and Property Work claims be marked?

Answer 9

High Court: ‘Business and Property Courts’; County Court: ‘Business and Property Work’.

Question 10

When is a claim ‘brought’ for limitation purposes under PD7A 6.1?

Answer 10

On the date the claim form is received by the court, not when issued.

Question 11

What are the consequences of making a false Statement of Truth?

Answer 11

Rule 32.14 states that verifying a false statement without honest belief can have consequences.

Question 12

Under PD7A 2.4, when should a claim be started in the High Court?

Answer 12

A claim should be started in the High Court if, due to financial value, complexity, or importance of the outcome to the public, the claimant believes it ought to be handled by a High Court judge.

Question 13

What does PD7A 6.4 say about starting a claim near the limitation period?

Answer 13

If the limitation period is nearly expired, parties should ensure they establish the date the claim form is received. They should make arrangements to record this date for proof.

Question 14

What does PD7A 6.5 say about claims against a deceased person?

Answer 14

If a claim is against a deceased person, the claimant should issue the claim against the personal representatives of the deceased. Before the service period expires, they must apply to the court for the appointment of someone to represent the estate.

Question 15

(4) What must be included in an application for an extension of time for serving a claim form under PD7A 11.2?

Answer 15

The application for extension must state: (1) all circumstances relied on, (2) the date of issue of the claim, (3) the expiry date of any previous extension, and (4) a full explanation as to why the claim has not been served.

Question 16

What must C show if they apply for extension of time to serve

Answer 16

If limitation period has expired C must demonstrate they took reasonable steps (not all) to serve within time

Question 17

When should Part 8 procedure be used

Answer 17

Unless any … rules otherwise the Part 8 procedure can be used where claimant seeks courts decision on a question which is unlikely to involve a substantial dispute of fact

Question 18

What is not allowed if Part 8 procedure is used

Answer 18

Where C used Part 8 they cannot obtain default judgement under PArt 12

Question 19

(4/5) Part 8 claim form must include

Answer 19

That part 8 applies

Question they want court to decide OR remedy they are seeking + why

If claim made under enactment - which one

If claimant is claiming under representative capacity - what this is

If D is sued in representative capacity - what this is

Question 20

When must D file acknowledgement of service

Answer 20

D must file acknowledgement of service no more than 14 days after service + serve this acknowledgement on C and any other party

Question 21

What must acknowledgment state

Answer 21

Whether they contest claim AND
If they seek seek different remedy from that set out in claim form + what this remedy is

Question 22

what happens if they dont file acknowledgement in time

Answer 22

D may attend the hearing of the claim but may not take part in hearing unless court gives permission

Question 23

When must C file/serve written evidence

Answer 23

When C files claim form, they must also file any written evidence on which they intend to rely
C must serve this on D with the claim form

Question 24

When must D file/ serve their written evidence

Answer 24

D must file their written evidence when they file their acknowledgement of service

Then copy must be served on all other parties

Question 25

When can C file/serve written evidence in reply

Answer 25

C may within 14 days of service of D’s evidence, file further written evidence in reply

Question 26

Two ways to get extra time to serve and file evidence

Answer 26

- party can apply to court OR - parties can agree in writing for 14 day extension for D to file/serve evidence AND 28 days for filing/serving evidence in reply Any such agreement must be filed with the court with the acknowledgement of service or, if it relates to evidence in reply, within 48 hours of the agreement.

Question 27

What can D do if he objects to Part 8 procedure being used

Answer 27

He must state his reasons when he files his acknowledgement of service When court receives this - it will gives directions as to future management of the case

Question 28

Where Part 8 procedure is used what must D not do

Answer 28

D is not required to file a defence