3. Commencing Proceedings Flashcards by C T

Personal Injury claims, when can they START in the high court?

value of 50 000 or more

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General claims: when can they be started in the high court?

Claims for over 100 000, claimant can CHOOSE to start in high court

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When should C choose to issue proceedings in the high court

Advantageous to use HC when claim is complex (facts, legal issues, remedy or procedures) or outcome is important to the public at general

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Can a matter issued in the high court by TRANSFERREd to the county court?

Yes

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Jurisdiction of the Civil National Business Centre (CNBC)

all money only claims
including specified and unspecified

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If a case sent to CNBC is contested, what happens?

Matter transferred to county court hearing centre close to the defendant

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Which claims can be made via Money Claim Online (MCOL)

Online claims for debt up to 100k

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High Court: Three Divisions

KBD
Chancery
Family

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When do proceedings ‘commence’

When claimant / their solicitor sends a claim form / other documents to the relevant court to be ISSUED and a file is opened

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What must the claimant file with the relevant court to ‘issue’ proceedings there

Claim Form (n1)
Particulars of claim
documents required by CPR (ie. copy of any contract)

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When is a claim ‘brought’ for limitation purposes

When the claim form is received in the court office

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Claim Form: Statement of Value, what must claimant put for an unspecified claim in the county court

Whether they expect to recover in damages:
- not more than 10 000
- more than 10 000 but not more than 25 000
- more than 25 000 but not more than 100 000
- more than 100 000

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Who can sign a statement of truth if the party is a partnership

any of partners or people with control or management of business may sign for partnership

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Who can sign a statement of truth if the party is a company

person holding senior position like director, secretary, chief executive or treasurer may sign on behalf of the company

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If an individual signs on behalf of another party in the statement of truth, what must be included

a statement that they are ‘duly authorised’ to sign

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If a solicitor signs a statement of truth on behalf of a client, do they sign in the firm’s name or their own

Their own name, stating capacity in which they sign and adding firm name if appropriate

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What happens if there is no statement of truth on the claim form / particulars

court can strike out document
if court does not strike out, claimant cannot rely on it

Who can make an application to add / substitute / remove a party to the litigation

An existing party
A person who wants to become a party

If someone wants to make an application to add / substitute a claimant in a claim, what is required

The claimant’s consent must be given in writing and filed at court

When is permission not required to add / substitute / remove a party

If the claim form has not yet been served

If someone is applying within the limitation period to add / substitute / remove a party, what grounds can they rely on

it is desirable to add a new party to resolve matters
the remove a party or
substitute a party where existing party’s interest or liability has passed to them

If someone is applying outside of the limitation period to add / substitute / remove a party, what grounds can they rely on

Party can only be ADDED or SUBBED if limitation period was current when proceedings were started
AND
i. original party named by mistake
ii. original party died / bankrupt and their interest has passed to a new party
iii. claim cannot be property carried on without the new party

Once the claim form has been issued, when must it be SERVED

Within 4 calendar months

When can a claimant serve a claim form on a firm of solicitors?

If the defendant has nominated them formally in writing

Permitted methods of service under the CPR

1. personal service 2. first class post / DX 3. leaving form at specified place 4. fax or other electronic communication 5. any other form authorised by the court

How does someone personally serve a partnership?

left with a partner or person who has control / management of partnership, at its principal place of business

How does someone personally serve a company

leaving documents with senior person such as director, treasurer, secretary, or chief executive

When can the claimant use DX to serve a claim form?

If a DX number is provided on letter heading in a correspondence and it is not excluded by express statement

What is required if a claimant wants to fax / electronically serve the form

Party must expressly confirm they are willing to accept service in this manner

When does the timeline for service end if using first class post / DX

The date it is posted or left with the DX provider

Deemed service of the claim form, general rule

the claim form is deemed to have been served on the second business day after the step required has occurred

When is the particulars of claim (if served separately) deemed served?

If served before 4:30pm on business day, on that day (if not, on the next) FOR - personal service - permitted address - fax - email The second day after it was posted if that is a business day (if not, next business day) - first class post or DX

If served separately from claim form, when must Particulars of claim be served?

- within 14 days after service of claim form - no later than 4 months after the DATE OF ISSUE on the claim form

When must a claimant get permission to serve a claim form outside England and Wales

- For all other countries (except Scotland and Northern Ireland) - permission likely to be granted if the contract was made in england or wales

Financial Value of fast track claims

10 001 - 25 000

Standard Directions on the Fast Track for Disclosure: When should it occur?

4 weeks after allocation

Standard Directions on the Fast Track for exchange of witness statements: When should it occur?

10 weeks after allocation

On the fast track, if standard directions are used, how long do the parties have between receiving pre-trial checklists and filing them?

2 weeks

Generally, when must pre-trial checklists be filed

:8 weeks before the trial

If parties on a fast track claim want to vary directions / the timetable - can they do so?

Directions: the parties can agree different ones if approved by the court Timetable: parties can agree in writing to change this but cannot change trial date or date for returning pre-trial checklists

Claims for 100 000 or more (not personal injury): where should the claim be issued?

Can be issued in High Court or Money Claims Centre of the County Court