Commencing Proceedings Flashcards
Where to start proceedings?
CC: MUST if £100k or less (less than £50k if PI)
HC: MAY if over £100k (£50k or more PI) + complex, high value, public importance
Value of claim = damages + VAT (Not interest, counterclaim, mitigation..)
DDS of claim form and other documents
Claim Form: 2 business days after completing RS
Other doc:
- instant method: same day if before 4.30 otherwise next business day
- posting: 2 days after posting (if this is a bsuiness day) otherwise next business day.
When is court permission needed to serve a CF?
(1) No jurisidction clause
(2) D is not present
(3) D has not submitted
When may court permit CF to be served outside jurisdiction?
3 requirements are satisfied:
1. Gateway exists:
- seeking injunction
- D is domiciled in E&W
- Contract + contract made here or governed by law or breach here
- tort = breach here
- another necessary adn proper party is in E&W
- Reasonable prospect of success
- Proper place - natural place to bring proceedings
- location of witnesses
- governing law
- country D resides
How to add a new party?
Apply to court for permission (if new C also need C’s permission)
Court MAY permit if desirable (OO + IoJ)
- stage of proeedings
- justify complexity and costs
- impact on rights of another
- prejudice to existing parties
- closely related to existing claim
If limitation period has expired, only if necessary
* Trustee / PR
- named in genuine mistake
- claim cannot continue without addition
Application to set aside default judgment
Court MUST set aside if wrongly entered
Court MAY set aside if:
1. Real prospect of success or some other good reason
2. Prompt
3. Denton (not serious or significant)
4. Further OO?
How to dispute jurisdiction?
- File AoS within 14 days of PoC
- Apply to court within 14 days of filing AoS
if successful: claim set aside
if denied: file another AoS within 14 days of decision
How to discontinue a cliam
At any time by filing notice on court and all other parties
Need permission of other Cs
Need court permission if received interim payment / injunction
What can you do if a statement of case is unclear?
- strike out
- summary judgment
- request for information (part 18)
How to make a request for information?
- Formally request info in writing. If denied:
- Apply to court under Part 18
- court MAY permit if matter is reasonably necessary adn proportioante to enable A to understand their case or prepare their case
Can i amend statement of case?
Pre limitation expiry
- parties’ agreement
- court permission: prospect of success + furthers OO
Post limitation: NO unless:
- mistake as to party name
- add a new claim: arises out of same facts as existing claim
- alter capacity in whcih parties acting
