Commencing and serving proceedings Flashcards
1
Q
What two key decisions must a claimant make before starting a claim?
A
In which court to issue the claim and how to issue the proceedings in that court.
2
Q
What are the two principal types of civil court in England and Wales?
A
The High Court and the County Court.
3
Q
Do the High Court and County Court have jurisdiction over the same types of claims?
A
Yes
4
Q
What is ‘jurisdiction’ in the context of courts?
A
The power of a court to deal with a matter.
5
Q
What is the general rule for non-personal injury claims up to £100
A
000 regarding where to issue?
6
Q
What is the general rule for non-personal injury claims over £100
A
000 regarding where to issue?
7
Q
What is the general rule for personal injury claims of less than £50
A
000 regarding where to issue?
8
Q
What is the general rule for personal injury claims of £50
A
000 or more regarding where to issue?
9
Q
According to 7A PD 2.1
A
where may a non-personal injury claim greater than £100
10
Q
According to 7A PD 2.1
A
where should a non-personal injury claim of £100
11
Q
According to 7A PD 2.2
A
what is the threshold for personal injury claims that determines where they should be commenced?
12
Q
How is the ‘value of a claim’ determined (CPR 16.3(6))?
A
It is its financial worth.
13
Q
What should be disregarded when calculating the value of a claim?
A
Interest
14
Q
What must a claimant state on the claim form if issuing in the High Court and expecting to recover more than £100
A
000 (CPR 16.3(5))?
15
Q
According to 7A PD
A
where should a claim generally be commenced?
16
Q
According to 7A PD 2.4
A
when should a claim be started in the High Court?
17
Q
What might the court do if it disagrees with the claimant’s choice of court after the claim is issued (CPR 30)?
A
Transfer the case between the High Court and the County Court.
18
Q
What are some of the criteria the court will use when deciding where a case should be tried after issue?
A
Similar to factors for issuing (value
19
Q
What are the potential consequences of wrongly issuing a claim in the wrong court?
A
The court may transfer the case and order the claimant to pay the costs of the transfer. If the matter remains in the High Court when it should have been in the County Court
20
Q
What is the claim form called?
A
Form N1.
21
Q
What documents must the claimant’s solicitors typically take or send to court to issue a claim?
A
Copies of the claim form (one for the court
22
Q
What is the significance of the ‘date of issue’ of the claim form?
A
It stops time running for limitation purposes and starts the clock for the time in which the claim form must be served.
23
Q
How does the High Court typically acknowledge receipt of claim documents sent by post?
A
By stamping the covering letter with the date of receipt.
24
Q
How does the court formally ‘issue’ a claim form?
A
By entering a date of issue
25
Where are most County Court money claims issued?
Centrally at the Civil National Business Centre in Northampton.
26
How are County Court money claims typically issued?
By post to the Civil National Business Centre in Northampton with the appropriate fee.
27
Where can claims that are not money-only claims generally be issued in the County Court?
At any of the County Court Hearing Centres by sending in/attending with the claim form and fee.
28
What should the claimant specify on the claim form regarding County Court claims?
Their preferred County Court hearing centre.
29
What is 'Money Claim Online'?
An online service provided by HMCTS for issuing some County Court money claims.
30
What are the limitations of using Money Claim Online?
It can only be used for money claims up to £100
31
What happens to a claim issued via Money Claim Online if it is defended?
It will be transferred to the appropriate local county court hearing centre.
32
What is the County Court Business Centre in Northampton for?
It provides a particular service for 'bulk users' who issue many claims.
33
What type of claims and value generally must be brought in the County Court?
Personal Injury claims up to £50
34
What document starts a claim?
The claim form (Form N1).
35
What else must be provided to the court when issuing a claim form?
Payment of the court issue fee.
36
What is the Civil National Business Centre relevant for?
Issuing County Court money claims and bulk issue of claims.
37
What is Money Claim Online relevant for?
Issuing money claims up to £100
38
Where else can non-money County Court claims be issued?
At a Hearing Centre.
39
What is 'service' in court proceedings?
The process of giving a document to another party in a way recognised by the court.
40
Are the rules for serving the claim form the same as for serving other documents?
No
41
What is the geographical scope of this element's focus on service?
Service within the jurisdiction
42
What are the three main considerations regarding service of the claim form?
Who will effect service
43
Who can effect service of the claim form?
The court or the claimant/claimant’s solicitor.
44
How does the court usually serve the claim form?
By first class post.
45
What does the court send to the claimant after effecting service?
A notice of issue stating the deemed date of service.
46
What does the court send to the claimant if it cannot serve the claim form?
A notice of non-service.
47
What must the claimant do if the court is unable to serve the claim form?
Try to serve the claim form on the defendant themselves.
48
What must the claimant/claimant’s solicitor do if they wish to serve the claim form themselves?
Notify the court when issuing the claim form that they do not wish the court to serve it.
49
What will the court provide to the claimant/claimant’s solicitor for self-service?
The issued claim form with sealed copies for service on the defendant(s).
50
What must the claimant’s solicitor file at court after serving the claim form?
A certificate of service within 21 days of service (CPR 6.17).
51
What information must be included in the certificate of service?
Details of the date
52
When is it not necessary to file a certificate of service?
If all defendants have filed an acknowledgment of service within 21 days of service.
53
What are the permissible methods of serving the claim form (CPR 6.3)?
Personally on the defendant
54
What does 'personal service' mean (CPR 6.5)?
Physically leaving the claim form with the defendant (if an individual) or an appropriate person (if a company/legal entity).
55
What does 'leaving the document at a permitted address' mean?
Depositing the claim form at a permitted address.
56
What is 'DX' service?
Document Exchange – a system used by legal professionals for next business day delivery.
57
When is service by fax permitted?
Only if the defendant/its solicitor has indicated it will accept service by fax.
58
When is service by email permitted?
Only if the defendant/its solicitor has indicated it will accept service by email.
59
Where can a defendant be personally served?
Wherever they are found within the jurisdiction.
60
If a defendant has provided a solicitor's address for service in writing
where must the claim form be served (CPR 6.7)?
61
If no solicitor's address is provided
where can an individual defendant be served (CPR 6.8)?
62
What is the usual place of service for an individual?
Their usual or last residence.
63
What is the place of service for an individual sued in a business name?
Their usual or last known residence
64
What is the place of service for an individual sued in the business name of a partnership?
Their usual or last known residence
65
What is the place of service for an LLP or a company registered in England and Wales?
The principal office
66
What is the time limit for serving the claim form within the jurisdiction after its issue?
Before 12.00 midnight on the calendar day four months after the date of issue.
67
What is the 'relevant step' for personal service or leaving the document at a relevant place?
Leaving the claim form with the defendant.
68
What is the 'relevant step' for service by first class post or DX?
Posting the claim form or leaving it with DX service.
69
What is the 'relevant step' for service by fax?
Completing the transmission.
70
What is the 'relevant step' for service by electronic method?
Sending the email or other electronic transmission.
71
What happens if the claim form is not served within the four-month time limit?
The claim will fail automatically
72
Under which CPR rule can a claimant apply for an extension of time to serve the claim form?
CPR 7.6.
73
When should an application for an extension of time to serve be made?
Within the four-month period of validity of the claim form.
74
What is unlikely to be considered a good reason for extending time to serve?
Waiting for further evidence or a response to pre-action correspondence.
75
When will the court grant an extension of time to serve after the deadline has passed?
If the court failed to serve
76
Is mistakenly serving the defendant's insurers/solicitors likely to justify an extension of time after the deadline?
No
77
What are 'particulars of claim'?
The document where the claimant sets out their claim in detail.
78
When must the claimant serve the response pack (Form N9)?
If the particulars of claim are contained in or served with the claim form (CPR 7.8(1)).
79
What does the response pack (Form N9) contain?
A form for admission
80
If particulars of claim are not served with the claim form
when must they be served (CPR 7.4(2))?
81
What should the claimant serve if the particulars of claim are to follow later?
Only the claim form.
82
When must the claimant file a copy of the particulars of claim at court after service (CPR 7.4(3))?
Within 7 days of service
83
Are the methods of serving documents other than the claim form different from those for serving the claim form?
No
84
What are the permitted methods of serving documents other than the claim form (CPR 6.20)?
Personal service
85
What address must the defendant provide when responding to the claim for future service of documents?
An address at which documents may be served going forwards
86
What happens after the claim form and particulars are served on the defendant?
The defendant is required to respond to the particulars of claim if they wish to contest the claim.
87
What is the next step to consider after service regarding when the defendant is treated as having received the documents?
'Deemed dates of service'.
88
What is the focus of the topic 'Responding to proceedings'?
How and when the defendant must respond to the particulars of claim.
89
What is a key difference between service of the claim form and other documents?
They have different and distinct rules.
90
What are some of the permissible methods of service for both types of documents?
Personal service
91
When is personal service particularly useful regarding address?
It can be effected anywhere in the jurisdiction without relying on having a specific address.
92
What do the rules cover regarding addresses for non-electronic service of the claim form?
How to establish which address must be used.
93
What is the key time limit for serving the claim form?
The 'relevant step' must be completed within 4 months after the claim form is issued.
94
What is the significance of the 'deemed date of service' in litigation?
It is the date the court considers a document to have been served
95
Does the concept of deemed date of service apply differently to the claim form and other documents?
Yes
96
How is the deemed date of service calculated?
According to the applicable CPR rule and by reference to the method of service used.
97
Why is it important for the claimant to know the deemed date of service of the claim form?
Because the time limit for serving the particulars of claim (if separate) runs from this date.
98
Why is it important for the defendant to know the deemed date of service of the claim form?
Because the deadline for serving a response to the claim (if particulars are included/served with it) runs from this date.
99
According to CPR 6.14
when is a claim form deemed served?
100
What is a 'business day' according to CPR 6.2?
Any day except Saturdays
101
What is the 'relevant step' when serving a claim form by post?
Posting the claim form.
102
If a claim form is served by email on a Wednesday
when is it deemed served (assuming Wednesday-Friday are business days)?
103
Is the actual date of receipt of the claim form relevant for the deemed date of service?
No
104
What should solicitors do regarding the dispatch date of the claim form?
Keep a record
105
If particulars of claim are contained within the claim form
do the rules on deemed service of the claim form apply to them?
106
If particulars of claim are attached to or served with the claim form in the same envelope
is there ambiguity about the deemed date of service?
107
What is a prudent approach for a party responding to proceedings when particulars are served with the claim form in the same envelope?
To act on the assumption that the particulars are served at the earliest possible date.
108
If particulars of claim are served separately from the claim form (within 14 days of claim form service)
which deemed service rules apply?
109
According to CPR 6.26
how is the deemed date of service calculated for documents other than the claim form?
110
For 'instant' methods (personal service
fax
111
For 'instant' methods (personal service
fax
112
For 'non-instant' methods (post/DX) if posted/given to DX on a business day
when is the document deemed served?
113
For 'non-instant' methods (post/DX) if posted/given to DX on a non-business day
when is the document deemed served?
114
If particulars of claim are served by email at 2:30 pm on a Wednesday (a business day)
when are they deemed served?
115
What is the key takeaway regarding deemed date of service?
It is the relevant date under the CPR
116
When is a claim form deemed served
regardless of the service method?
117
How is the deemed date of service for 'other documents' using 'instant methods' before 4:30 pm on a business day?
The same day.
118
How is the deemed date of service for 'other documents' using 'instant methods' after 4:30 pm on a business day?
The next business day.
119
How is the deemed date of service for 'other documents' using 'non-instant methods' if the relevant step is on a business day?
The second business day after the step.
120
How is the deemed date of service for 'other documents' using 'non-instant methods' if the relevant step is on a non-business day?
The next business day after the second day following the step.
121
What is the primary purpose of CPR Part 8?
To provide a simpler alternative procedure to CPR 7 for court decisions on questions unlikely to involve substantial factual disputes (CPR 8.1).
122
What is a prerequisite for understanding Part 8 procedure?
An appreciation of the Part 7 commencement of proceedings procedure.
123
Where can the rules for CPR Part 8 be found?
In CPR Part 8 itself.
124
Under what circumstances may a claimant use the Part 8 procedure (CPR 8.1(2))?
When seeking the court's decision on a question unlikely to involve a substantial dispute of fact and where the claim type is not prohibited.
125
Under what other circumstances may the Part 8 procedure be used (CPR 8.1(3) and (6))?
Where a rule or practice direction permits its use.
126
Give a specific example where Part 8 must be used.
To obtain the court’s permission to accept a pre-action settlement of a claim by or against a child or protected party (CPR 21.10).
127
According to 49E PD 3.2
what is a general category of claims where Part 8 must be used?
128
What is the first step in the Part 8 procedure after deciding to use it?
The claimant issues at court and serves on the defendant a claim form and written evidence.
129
How long does the defendant have to file and serve an acknowledgment of service and written evidence in a Part 8 claim?
Not more than 14 days after service of the claim form (CPR 8.3).
130
How long does the claimant have to file and serve further written evidence in reply in a Part 8 claim?
Within 14 days of service of the defendant’s evidence (CPR 8.5(5) and (6)).
131
What is the specific claim form used for Part 8 claims?
Form N208.
132
What are some of the mandatory inclusions in a Part 8 claim form (CPR 8.2)?
That Part 8 applies
133
Is a Part 8 claim form typically as detailed as a Part 7 statement of case?
No
134
When must the claimant file any written evidence they wish to rely on in a Part 8 claim?
At the same time as filing the claim form (CPR 8.5).
135
Can the Part 8 claim form itself serve as evidence?
Yes
136
What is a requirement for all Part 8 statements of case?
They ought to be verified by a statement of truth (CPR 22).
137
What might the claimant choose to file at court alongside the Part 8 claim form and evidence?
A draft order.
138
Do the usual rules of service for Part 7 claims apply to Part 8 claims?
Yes (CPR 7.5).
139
What is the time limit for the defendant to file and serve an acknowledgment of service in a Part 8 claim?
Not more than 14 days after service of the claim form (CPR 8.3).
140
What is the specific form used for acknowledging service in Part 8 claims?
Form N210.
141
What must the acknowledgment of service in a Part 8 claim state?
Whether the defendant contests the claim and
142
If the defendant wishes to rely on written evidence in a Part 8 claim
when must it be filed and served?
143
What is the consequence if the defendant does not file an acknowledgment of service within the time limit in a Part 8 claim (CPR 8.4)?
They may still attend the hearing but cannot take part without court permission.
144
Is the defendant required to file a defence in a Part 8 claim?
No.
145
How long does the claimant have to file and serve reply evidence in a Part 8 claim?
Within 14 days of service of the defendant’s evidence (CPR 8.5(5) and (6)).
146
What is the usual form of written evidence in Part 8 proceedings?
Witness statement.
147
What can be attached to a witness statement as part of the evidence?
Relevant documents (exhibits).
148
What is the consequence if a party does not serve evidence according to the time limits in CPR 8.5?
They will not be able to rely on that written evidence at the hearing without court permission (CPR 8.6).
149
Is oral evidence typically given at Part 8 hearings?
No
150
Under what circumstances can the court permit or require oral evidence in a Part 8 hearing (CPR 8.6(2))?
The court has the discretion to do so.
151
What can the court do if extensive cross-examination or oral evidence seems necessary in a Part 8 claim?
Consider the Part 8 procedure inappropriate and order the claim to continue as if Part 8 was not used.
152
Can parties agree to extend the time for the defendant to file and serve evidence in a Part 8 claim (CPR 8.5(9))?
Yes
153
Can parties agree to extend the time for the claimant to file and serve reply evidence in a Part 8 claim?
Yes
154
What can a party do if they need more time to file evidence and cannot agree with the other party (CPR 8.5(8))?
Apply to the court for an extension of time.
155
What can a party do if they did not serve evidence on time and need to rely on it at the hearing (CPR 8.6)?
Apply to the court for permission to file and serve further evidence.
156
Under what two conditions can a defendant object to the use of the Part 8 procedure (CPR 8.8)?
If there is a substantial dispute of fact and the use of Part 8 is not required or permitted by a rule or practice direction.
157
Where must the defendant state their reasons for objecting to the Part 8 procedure?
In the acknowledgment of service.
158
What will the court do when it receives an acknowledgment of service objecting to Part 8?
Give directions for the future management of the case.
159
What order can the court make if it agrees with the defendant's objection to the Part 8 procedure (CPR 8.1(4))?
An order that the claim continues as if the claimant had not used the Part 8 procedure.
160
If the court orders the claim to continue as if Part 8 was not used
what will it also do (CPR 8.9(c))?
161
Will the court strike out a claim simply because the claimant used the Part 8 procedure inappropriately?
No
162
What can a court officer do if they believe the Part 8 procedure is being used inappropriately (49E PD 3.3)?
Refer the claim to a judge for consideration.
163
Do the general CPR procedural provisions apply to Part 8 claims?
Yes
164
List some general CPR rules that are modified for a Part 8 claim.
Different claim form
165
What is the fundamental characteristic of claims suitable for Part 8?
They are unlikely to involve a substantial dispute of fact.
166
Is Part 8 more or less commonly used than Part 7?
Much less commonly used.
167
What key documents does the claimant serve in a Part 8 claim?
A claim form (but no particulars of claim) and evidence.
168
What key documents does the defendant file and serve in a Part 8 claim?
An acknowledgment of service (but no defence) and evidence.
169
What opportunity does the claimant have after the defendant serves their evidence in a Part 8 claim?
To file and serve further written evidence in reply.
170
Are there specific requirements for the content of the Part 8 claim form and acknowledgment of service?
Yes.
171
What is the usual form of evidence in Part 8
and what happens if it's not served on time?
172
Can parties agree to extend time limits in Part 8 claims?
Yes
173
What action can a defendant take if they believe Part 8 is inappropriate for the claim?
Object to its use in their acknowledgment of service.
