Commencing and Serving Proceedings Flashcards
(38 cards)
What documents are needed to commence proceedings?
- Claim form (Form N1)
- Court issue fee
- Possibly Particulars of Claim
Why is service of documents so important?
Service is the process by which the defendant is formally notified of the claim in a way recognised by the court.
What are the two principal types of civil courts in England and Wales?
County Court and High Court
What is the jurisdictional threshold for issuing a non-PI claim in the County Court?
Non-PI claims up to £100,000 must be issued in the County Court.
What is the threshold for PI claims?
PI claims less than £50,000 must be issued in the County Court.
When should a claim be issued in the High Court?
When justified by:
- Financial value
- Legal/factual complexity
- Public importance
What happens if a claim is wrongly issued in the High Court?
- It may be transferred to the County Court
- Costs penalties may apply (up to 25% deduction)
What documents are needed to issue a claim at court?
- One copy of Form N1 for the court
- One for each defendant
- One for the claimant
- Court issue fee
What is the date of issue and why is it important?
It’s when the court seals the claim form; it stops the limitation period and starts the 4-month period for service.
How are County Court claims commonly issued?
- By post to the Civil National Business Centre (CNBC)
- Online via Money Claim Online for claims ≤ £100,000 against ≤ 2 defendants
- At a local hearing centre (for non-money claims)
What is Money Claim Online?
An HMCTS service for issuing simple money claims up to £100,000 against no more than 2 defendants.
Who can serve the claim form?
- The court, usually by post
- The claimant, if they notify the court in advance
What are the valid methods of service?
- Personal service
- First class post
- DX
- Email/fax (if consented)
- Leaving at a permitted address
- Any Court authorised method
What is personal service?
Handing the claim form to the defendant (or appropriate representative for companies)
What address must be used for service?
- Defendant’s solicitor’s address (if provided)
- Defendant’s business/residential address
- Specific rules depending on party type (e.g., company, partnership)
What is the deadline for service of the claim form?
Within 4 months of issue (midnight on the calendar day 4 months later).
What happens if the claim form is not served in time?
The claim fails automatically, and must be reissued (with a new court fee and fresh limitation date).
Can the court extend time for service of the claim form?
Yes, under CPR 7.6, but only with good reason and usually if the application is made before the deadline.
When must particulars of claim be served if not included in claim form?
Within 14 days of deemed service of the claim form, and within the 4-month validity period
When must a copy of the particulars be filed at court?
Within 7 days of service on the defendant
What is the response pack and when must it be served?
Includes forms for admission, defence, and acknowledgment of service; must be served with particulars of claim
What is a deemed date of service?
A CPR-prescribed date when service is considered to have taken place, regardless of actual receipt
When is a claim form deemed served?
On the second business day after the relevant step is taken
What is the relevant step for service by post or email?
- Post: Posting the claim form
- Email: Sending the email
