DR 4 - Commencing and Serving Proceedings Flashcards
What is required for claims against a partnership?
Claims must be brought against a partnership where there are two or more people who were partners and carried on the partnership business at the time when the cause of action accrued.
How are claims brought against a partnership?
Claims must be brought against the name under which a partnership carried on business at the time the cause of action accrued, unless it is inappropriate to do so.
[Name of firm] (a firm) an/or (1) Partner A (2) Partner B
What is the purpose of listing both the partnership’s name and individual partner names in claims?
To ensure enforcement of judgment against the partners’ personal assets, as well as the partnership assets.
How are sole traders named in claims?
Use both the individual and trading name of the sole trader.
[Name of person] (Trading as [name of company])
How are companies named in claims?
Include the full registered name of the company, including the suffix (such as plc or limited).
Who are claims involving trusts usually brought against?
The trustees—not the beneficiaries.
How are claims against deceased persons made if there’s a personal representative?
Against the personal representative.
What is the presumption regarding capacity for individuals of adult age?
A person of adult age is presumed to have ‘capacity’ until the contrary is proved.
What defines a protected party in legal terms?
A protected party is someone lacking capacity due to impairment or disturbance of the brain or mind.
What is the role of a litigation friend?
A litigation friend represents children and protected parties in civil proceedings.
What is required for a person to act as a litigation friend?
They must be able to fairly and competently conduct proceedings on behalf of the child or protected party and have no adverse interest.
How must documents be served on children and protected parties?
Documents must be served on the litigation friend.
What are the two principal types of civil courts?
The High Court and the County Court.
Where should a non-PI claim over £100,000 or complex matters be started?
High Court
Where non-PI claims £100,000 or under be started?
County Court
Where do PI claims worth £50,000 or more or complex cases start?
High Court
What happens if the court disagrees with the claimant’s choice of court?
The court may transfer cases between the High Court and the County Court.
What is the consequence of incorrectly issuing a claim in the High Court when it should be in the County Court?
Costs may be reduced by up to 25%, at the court’s discretion.
What is the significance of the date of issue of the claim form?
It stops time running for limitation purposes and starts the clock for the time in which the claim form must be served.
Where should County Court money claims be issued?
Most claims should be issued in the County Court Money Claims Centre.
What is ‘Money Claim Online’?
An online service provided by HMCTS for issuing some County Court money claims.
Who can effect service of the claim form?
Either the court or the claimant/claimant’s solicitor.
What are the approved methods of service for a claim form?
Personal delivery, fax, electronic method (if accepted), or leaving the document at a permitted address, first class delivery or DX.
If none of the approved methods apply (e.g., the defendant doesn’t give an address), where can you serve?
