3): Commencing a claim, responding to a claim, progressing a claim: Where to start proceedings

Question 1

When must a claim be commenced in the County Court?

Answer 1

💰 Claims up to £100,000

🤕 Personal injury claims up to £50,000

❌ Media and communications claims excluded

Question 2

Can claims falling within the County Court jurisdiction be started in the High Court (short)?

Answer 2

Yes, if:

💷 High value
⚖️ Legal/factual complexity
🌍 Public importance

Claims over £100k (or £50k for PI) normally go to High Court

Question 3

What 3 things must be stated on a High Court claim form?

Answer 3

Claimant must confirm:

💰 Recovery expected over £100k (£50k for PI)

📜 Claim required by statute to be in High Court (specify Act)

🧾 Claim to be heard in specialist list (specify list)

Question 4

What is included in the High Court and what areas of law are covered?

Answer 4

1. King’s Bench Division (KBD):
   -⚖️ Judicial review,
   -📰 Defamation,
   -📄 Contract,
   -Tort/Negligence,
   - 💷 Debt,
   -🤕 PI,
   -HRA breaches
2. Chancery Division:
   -🏦 Insolvency & Companies Court
   -🧠 IP & Enterprise Court
   -🔬 Patents Court

Question 5

Who files the claim form and what happens next?

Answer 5

1. Claimant must file:
   📝 Form N1
   📄 Particulars of claim
   📂 Supporting evidence
2. Court:
   🛡️ Seals form
   🔢 Assigns claim number
   📜 Issues claim
   ⏳ Stops limitation clock
   ⏰ Form valid for 4 months for service

Question 6

What are the time limits for serving particulars of claim?

Answer 6

Serve:
📍 With claim form OR
🗓️ Within 14 days of claim form service

BUT always within overall 4-month service limit

Question 7

When must certificate of service be filed?

Answer 7

📅 Within 21 days of service of the claim form

Question 8

How is a party added within and outside the limitation period?

Answer 8

1. Within Limitation:
   ✅ To resolve connected matters or necessary for complete adjudication
2. Outside Limitation:
   ⏳ Limitation must have been running when proceedings began ➕ Addition necessary due to:
   ❌ Mistake in naming party
   ⚰️ Death or bankruptcy
   🚫 Claim can’t proceed properly otherwise

Question 9

How is a party substituted within and outside the limitation period?

Answer 9

1. Within Limitation:
   🔄 Liability or interest has transferred
   ✅ Necessary to resolve the matter
2. Outside Limitation:
   -limitation period was valid when proceedings began + necessary for same reasons as additions

Question 10

what is a requirement in order to add or substitute a claimant in proceedings?

Answer 10

consent in writing has to be filed at court

Question 11

How can a party be removed?

Answer 11

✅ Only within limitation period

🚫 If court finds it undesirable for party to remain

Question 12

What are the different ways in which a claim form can be served?

Answer 12

📬 Personal service
🏠 Leaving at specified address
✉️ 1st Class Post or DX
📠 Fax/email (if agreed)
✅ Any court-authorised method

Question 13

What is the process for personal service of a claim form?

Answer 13

Individual: Hand to them at last known address

Partnership: To partner/person in control at place of business or residence

Company/LLP: To senior person at principal office or business premises connected to claim

Question 14

What is the process for leaving a claim form at a specified place?

Answer 14

Individual: Usual or last known residence

Trading individual: Residence or business address

Partnership/Company: Place of business or office with real claim connection

Question 15

How is service by post or DX carried out and deemed served?

Answer 15

1. Valid if:
   📮 Sent by 1st class post, or
   📦 Left with recipient/collected by DX provider for delivery
2. Deemed served:
   2nd business day after posting, if posted on business day

Question 16

What is the process for service by fax or email?

Answer 16

✅ Valid if recipient consents in advance

Completed by:
📠 Sending fax
📧 Sending email

Question 17

Can a claim be served in Scotland or Northern Ireland without permission?

Answer 17

✅ Yes – no court permission required within the UK

Conditions:
-No concurrent proceedings elsewhere
-Defendant is domiciled in UK / bound by jurisdiction agreement

Question 18

When can a claim be served outside the UK without permission?

Answer 18

✅ No permission needed if:

English court has jurisdiction under Hague Convention

Defendant agreed to exclusive jurisdiction clause falling under Hague Convention

Jurisdiction clause specifies English courts

Question 19

What is the deadline for service after permission is granted for service out of jurisdiction?

Answer 19

⏰ Must serve within 6 months of permission being granted

Question 20

When is a claim form deemed to be served?

Answer 20

2nd business day after taking the relevant step (e.g. posting, DX, leaving at address)

Question 21

When are documents other than the claim form deemed to be served?

Answer 21

📄 If served before 4:30 PM on a business day → same day

📄 If served after 4:30 PM or non-business day → next business day

📫 1st class post/DX → 2nd business day after posting