Commencing proceedings and filing documents

Question 1

What is meant by issuing a document?

Answer 1

No definition in CPR
Taking or sending a document to relevant court office and paying prescribed fee so that court office can seal the document and enter it on court file

Question 2

Explain what the term ‘service’ means.

Answer 2

CPR Glossary: undertaking steps outlined by the court as being necessary to bring documents used in court proceedings to a person’s attention.

Question 3

What factors affect whether a claim should be issued in the High Court or the County Court?

Answer 3

1. Value
2. Remedy nature
3. Existence of an Act
4. Complexity
5. Public interest
   PD7A para 2(11)

Question 4

What types of proceedings are started by way of the Part 8 procedure?

Answer 4

Where there is no substantial dispute of fact.

Question 5

What is the usual method of servcie for a claim form?

Answer 5

First class post. CPR 6.4

Question 6

How long is a claim form valid after issue?

Answer 6

4 months. CPR 7.5(1)

Question 7

Can a claim form be served out of time?

Answer 7

No but extension may be granted under CPR7.6(1)

Question 8

What must accompany a particulars of claim when it is served upon a defendant?

Answer 8

A response pack CPR 7.8

Question 9

How many claims can a claim form address?

Answer 9

A claimant may use a single claim form to start all claims which can be conveniently disposed of in the same proceedings.

Question 10

CPR 7.5 and 7.6; and PD6A paragraphs 1.1-4.3, 6.1-6.2 and 8.1-9.3.
3. Examinable material on service of other court documents within the jurisdiction will
consist of methods of service; who is to serve; personal service; service on children and
protected parties; deemed service; service by an alternative method or at an alternative
place; when service may be by document exchange (DX); how service is effected by
post, an alternative service provider or DX; service by fax or other electronic means;
service by the court; and deemed service of a document other than a claim form. The
relevant material is addressed in CPR 6.20-6.22 and 6.25-6.27; and PD6A paragraphs
1.1-4.3, 8.1 and 10 (including the table at 10.1).
4. Examinable material on the alternative procedure for claims under Part 8 CPR will
consist of the types of claim in which the Part 8 procedure may be used; contents of the
11
claim form; acknowledgement of service; consequence of not filing an
acknowledgement of service; filing and serving written evidence; evidence in Part 8
claims; procedure where the defendant objects to use of the Part 8 procedure; and
modifications to the general rules. The relevant material is addressed in CPR 8.1-8.2,
8.3-8.4, 8.5-8.6 and 8.8-8.9.

Question 11

When must a particulars of claim be served?

Answer 11

CPR 7.4 Either:

With the claim form

OR

Within 14 days of service of the claim form.

Question 12

What must the claimant do with the particulars of claim once this is served on the defendant?

Answer 12

File a copy with the court, unless a copy has already been filed.

Question 13

If the High Court and County Court both have jurisdiction over a claim, where should the claim be started?

Answer 13

can be started in either

Question 14

When may proceedings for damages or a specified sum be started in the High Court?

Answer 14

When the value of the claim is more than £100,000

Question 15

When may proceedings for personal injury be started in the High Court?

Answer 15

If the value of the claim is £50,000 or more.

Question 16

When must a claim be started in a specific court?

Answer 16

If an enactment so requires.

Question 17

What are considerations for starting a claim in the High Court?

Answer 17

Financial value of the claim

Complexity of facts, legal issues and remedies

Public interest in outcome of the claim.

Question 18

Where may a claim for business and property work be issued?

Answer 18

Either county court or high court but should be marked as business and property work.

Question 19

For the purposes of the Limitation Act, when is a case ‘brought’ if it is received by the court office
on an earlier date and then a claim form is issued on a later date?

Answer 19

Earlier date

(applies to any other limitation statute)

Question 20

Who should deal with any enquiry as to when a claim form was received?

Answer 20

A court officer

Question 21

If a claim is issued nearing the expiry date, what special measures should parties take?

Answer 21

Seek to keep a record of the date the claim was issued.

Question 22

What CPR part must an application for an extension of time to serve a claim form be made in accordance with?

Answer 22

Contained in CPR 7.6, must be made in accordance with part 23.

Question 23

When applying for an extension of time to serve a claim form, what must the evidence state?

Answer 23

The date of the issue of claim.
All the circumstances relied upon.
The expiry date of any rule 7.6 extension.
A full explanation as to why the claim has not been served.

Question 24

When does CPR 6 (about the service of documents) not apply?

Answer 24

Another PDR rule, enactment or PD makes a different provision

The court orders otherwise

Question 25

What does ‘business day’ mean

Answer 25

any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day

Question 26

How may a claim form be served?

Answer 26

1. Personal service
2. First Class post
3. Leaving it at a specified place
4. Fax or electronic communication
5. Any means authorised by the court

Question 27

Who is to serve the claim form?

Answer 27

Usually the court.

Question 28

When will the court not serve a claim form?

Answer 28

1. A rule or PD says that the claimant must serve it.
2. The claimant notifies the court that they wish to serve it.
3. The court orders or directs otherwise.

Question 29

When may a claim form not be served personally?

Answer 29

When there is direction that the claim is to be served to the defendant’s solicitor.

When the proceedings are against the Crown.

Question 30

How is a claim form served personally on an individual?

Answer 30

By leaving it with that individual.

Question 31

When must a claim form be served on the defendant’s solicitor?

Answer 31

When the defendant has given in writing the business address within the jurisdiction of a solicitor

OR

a solicitor acting for the defendant has notified the claimant in writing that a claim form will be accepted by themselves.

Question 32

If a claimant has reason to believe that a defendant no longer resides at the address the claim form has been served at, what should they do?

Answer 32

Take reasonable steps to ascertain the current address of the defendant.
If possible they should redirect the claim form there.
If not, they should consider if there is an alternative place or method by which service may be effected.

Where the defendant cannot ascertain an alternative method or place for service, they may serve on the last known address as a last resort.

Question 33

When will a claim form be deemed to be served?

Answer 33

On the second business day after completion of the relevant step (relevant method of service)

Question 34

When may a court authorise service by an alternative method or alternative place?

Answer 34

If there is food reason to bring the attention of the defendant to the claim.

Question 35

What are the rules in relation to making an application for using an alternative method of service?

Answer 35

May be made without notice, and must be supported by evidence.