Commencing proceedings

Question 1

Jurisdiction of High Court and County Court?

Answer 1

Concurrent jurisdiction over most claims.

Question 2

Non PI claims over £100,000…

Answer 2

Can be either High court or County Court

Question 3

Non PI claims up to £100,000…

Answer 3

Must be in County Court

Question 4

PI claims under £50,000

Answer 4

must be in County Court

Question 5

PI claims of £50,000 or more…

Answer 5

Can be in either High Court or County Court

Question 6

Value of claim disregards

Answer 6

-interest
-costs
-any counterclaim
-any contributory negligence
-any deduction of social security benefits

Question 7

A claim should be started in the High Court if claimant believes it ought to be dealt with by a High Court judge by reason of:

Answer 7

(1) financial value
(2) complexity
(3) importance of outcome to public

Question 8

If court disagrees with claimant’s choice one claim has been issued:

Answer 8

-court may transfer case and order claimant to pay costs of transfer.
-if matter continues in High Court when it should have been issued in County Court, penalty is any costs awarded can be deducted by up to 25% at court’s discretion.

Question 9

To issue claim at court:

Answer 9

1.copies of claim form (N1) to be issued and sealed:
* One copy kept on the court file
* One copy for defendant
* One copy for claimant to keep on own file.
2. Court issue fee

Question 10

Issuing High Court Claims

Answer 10

court enters date of issue on claim form giving it a case number and sealing all copies. Court creates case management file and places its own sealed copy on that file.

Question 11

issuing County Court claims

Answer 11

-claims in the county court for money are issued by post (Form N1 + fee) in the Civil National Business Centre and transferred to a local county court hearing centre when a hearing is required.
-claims which are not money-only can be issued at any centre.

Question 12

issuing County Court money claims online

Answer 12

claims of up to £100,000 against no more than 2 defendants can be issued online using ‘Money Claim Online’, provided by HMCTS.
-the defendant can respond through the online service and if claim is defended, it can be transferred to local county court hearing centre.
-users for bulk county court claims (utility companies) can become registered users at Civil National Business Centre.

Question 13

claim form may be served by

Answer 13

court or claimant/claimant’s solicitor.

Question 14

if court serves claim form

Answer 14

-first class post
-sends claimant a notice of issue stating deemed date of service
-if court is unable to serve, claimant will be sent a notice of non-service and claimant will then need to serve claim form

Question 15

if claimant/claimant’s solicitor wishes to serve claim form

Answer 15

-must notify court that they do not want court to serve it and then court will send issued claim form and sealed copies for service on defendant.
-after service, claimant’s solicitor must file certificate of service within 21 days specifying date and method of service (not necessary if all defendants have filed acknowledgement of service within time.

Question 16

Methods of service of claim form

Answer 16

• Personally on the defendant
• Leaving the document at a permitted address
• First class post
• Document exchange (DX - delivery on next business day)
• Fax
• Other electronic method (eg email) only permitted if defendant has indicated it will accept through this method

Question 17

claim form place of service

Answer 17

Individual-Usual or last residence.
Individual being sued in the name of
a business-Usual or last known residence of the individual; or principal or last known place of business.
Individual being sued in the business name of a partnership-Usual or last known residence of the individual; or principal or last known place of business of the partnership.
Limited liability partnership / company registered in England and Wales-Principal office of the partnership / company; or
any place of business of the partnership/ company within the jurisdiction which has a real connection with the claim.

Question 18

Time limit for claim form service

Answer 18

‘relevant step’ to serve the
claim form must be completed before 12.00 midnight on the calendar day four
months after the date of issue

Question 19

Relevant steps for different methods of service

Answer 19

Personal service / leaving the
document at a relevant place – Leaving the claim form with the defendant

First class post / DX – Posting the claim form /leaving it with DX service

Fax – Completing the transmission

Electronic method – Sending the email or other electronic transmission

Question 20

Extension of time to serve claim form

Answer 20

-application should be made within the four month period of validity of the claim
form, and the claimant will need to show good reasons for the extension.
-if application is made after the deadline for service of the claim form has already
passed, then the court will grant an extension only if:
* it is the court that failed to serve the claim form; or
* the claimant has taken all reasonable steps to comply; and
* either way, the application has been made promptly.

Question 21

particulars of claim can be served:

Answer 21

-contained in the claim form or served with it (must also serve a response pack-form N9).
-if not with/within claim from, PoC with response pack must be served within 14 days of service of claim form and within the 4 month validity period (for within jurisdiction).
-once PoC served, claimant must file a copy at court within 7 days.

Question 22

Claim form is deemed served on…

Answer 22

second business day after completion of ‘relevant step’.

Question 23

service of PoC

Answer 23

-if contained in claim form, same deemed date of service rules apply.
-if served with claim form in separate doc but same envelope, rules are unclear but opposing party inclined to act on assumption that PoC served earliest date possible.

Question 24

deemed date of service for instant methods

Answer 24

personal service, fax, email, delivering
/ leaving at a permitted address:
If done before 4.30pm on a business
day, it is deemed served the same day and if not, deemed served next business day.

Question 25

deemed date of service for non-instant methods

Answer 25

Post / DX: Deemed served second day after posting / giving to DX provider, if a business day and if not, deemed served next business day.

Question 26

part 8 is...

Answer 26

alternative simpler procedure to the more commonly used CPR 7 to seek the court’s decision

Question 27

part 8 can be used...

Answer 27

-on a question which is unlikely to involve a substantial dispute of fact and procedure is not prohibited for the specific claim. - if rule or PD permits its use.

Question 28

how to issue part 8 claim?

Answer 28

-issuing & serving Form N208 (claim form) setting out: That part 8 applies, The question the claimant wants the court to decide or the remedy the claimant seeks, Any enactment the claim is being made under, If the either the claimant or defendant are acting in a representative capacity & what that capacity is.

Question 29

for part 8 claims, claimant must also file and serve...

Answer 29

any written evidence it wishes to rely on at same time as CF (can also rely on CF as evidence if statement of truth is included).

Question 30

for part 8 claims defendant must file and serve...

Answer 30

not more than 14 days after service of CF, Form N210 (acknowledgement of service) and written evidence if it wishes to rely on it. AoS stating: -Whether the defendant contests the claim; and -If the defendant seeks a different remedy from that set out in the claim form, what that remedy is.

Question 31

for part 8 claims, If the defendant does not file an acknowledgment of service and the time period for doing so has expired...

Answer 31

defendant may still attend the hearing of the claim, but may not take part in it

Question 32

for part 8 claims, claimant can file and serve further evidence in reply but must do so within...

Answer 32

14 days of service of the defendant’s evidence.

Question 33

for part 8 claims, Written evidence is...

Answer 33

normally given by witness statement.

Question 34

for part 8 claims, if oral evidence or extensive cross-0examination is required...

Answer 34

court will consider that the part 8 procedure is inappropriate and order the claim to continue as if the claimant had not used the part 8 procedure.

Question 35

for part 8 claims, parties can agree extension of time for the defendant to file and serve evidence of...

Answer 35

no more than 14 days after the defendant files its acknowledgment of service. The agreement must be filed at the same time time as AoS.

Question 36

for part 8 claims, parties can agree to an extension of time for the claimant to file and serve further evidence of...

Answer 36

not more than 28 days after service of the defendant’s evidence on the claimant.

Question 37

for part 8 claims, a party may apply to the court for:

Answer 37

-An extension of time to file and serve its evidence. -For permission to file and serve further evidence.

Question 38

defendant can object to the use of the part 8 procedure for the claim but must show:

Answer 38

* There is a substantial dispute of fact; and * The use of the part 8 procedure is not required or permitted by a rule or practice direction.

Question 39

for part 8 claims, there are modifications to some general rules:

Answer 39

-There is a different claim form to the part 7 procedure. -The defendant is not required to file a defence. -No particulars of claim is required. -Judgment in default is not available to the claimant. -The claim is allocated to the multi-track. -There is not usually any disclosure of documents (as there is no substantial dispute). -There is not normally any oral evidence at the part 8 hearing.