DR 4 - making a claim

Question 1

Whose name should a claim against a partnership be brought?

Answer 1

Partnership’s name

Question 2

Whose name should a claim against a sole trade be brought?

Answer 2

Individual and business name

Question 3

Whose name should a claim against a dead person with grant of probate / administration be brought?

Answer 3

PRs

Question 4

Whose name should a claim against a dead person without grant of probate / administration be brought?

Answer 4

Court to appoint someone to represent the estate

Question 5

Whose name should a claim against a child (under 18) be brought?

Answer 5

Litigant’s friend (often relative or court appointed)

Question 6

Which are the two civil courts?

Answer 6

County Court and High Court

Question 7

Where can non PI claims of over £100k be heard?

Answer 7

Either Court

Question 8

Where can non PI claims of up to £100k be heard?

Answer 8

Must be in County Court

Question 9

Where can PI claims of £50k or more be heard?

Answer 9

either court

Question 10

Where can PI claims of up to £50k be heard?

Answer 10

County Court

Question 11

When considering the value of a claim, what is disregarded?

Answer 11

• interest
• costs
• counter claim
• contributory negligence
• social security benefits

Question 12

When should a case be brought in the high Court?

Answer 12

• Value 💵
• complexity 🧠
• public interest 👀

Question 13

What happens if the court disagrees with choice of court?

Answer 13

• Court will transfer
• You’ll pay costs of transfer
• If stays in high court MAY be awarded a 25% deduction of costs

Question 14

What are the minimum docs required to start a claim

Answer 14

• FORM N1
• Court fee

Question 15

Who should the claim form be sent to?

Answer 15

• Court
• Every defendant
• Keep a copy

Question 16

Where should County Court claims be sent

Answer 16

• County Court Money Claims Centre - if cash 💵
• County Court Hearings Centre - if not cash 👂
• Money Claim Online = Under £100k & 2 defendants = 💻💵

Question 17

Which date is important for limitation purposes?

Answer 17

The date the court issues the claim form (date of receipt of claim form) / Date it is sealed

Question 18

Who serves the claim form on the defendant?

Answer 18

• Court, or
• Claimant

Question 19

What does the claimant need to do if it choses to serve the claim form and particulars of claim together?

Answer 19

• notify the court that it wants to serve
• notify the court that it has served within 21 days of service of particulars of claim

Question 20

When must a claim form be served?

Answer 20

12:00 midnight on the calendar day 4 months after the date of issue

Question 21

In what circumstances can the time limit to serve a claim form be extended?

Answer 21

• with a good reason
• application made within the 4 month window

Question 22

Can the claim form be issued after the 4 month deadline?

Answer 22

Yes, but only if:
- court failed to serve, 🧑‍⚖️
- claimant has taken all reasonable steps 👣
- application made promptly ⏱️

Question 23

If the particulars of claim are not served with the claim form, when must they be served by?

Answer 23

• within 14 days of deemed service of the claim form
  AND
• within the 4 month deadline

Question 24

If the particulars of claim are not served with the claim form, when must they file a copy with the court?

Answer 24

7 days of service

Question 25

When is a Claim Form deemed served?

Answer 25

- second business day after the relevant step (e.g. posting, faxing etc.) NOTE: important distinction between when a claim form is deemed served and when another document is deemed served. This can be important if the particulars of claim are not served in the claim for, or if they are served on the same day but are not within the claim form.

Question 26

What is the Deemed date of service for a document other than a claim form?

Answer 26

- Instant method (fax, email etc), - served before 4.30 on - a business day = deemed served on same day (if after 4.30 - next business day) Non-instant method - second day after posting

Question 27

Which days are not business days?

Answer 27

- Weekend - bank holidays - Good Friday - Christmas Day

Question 28

What is the limitation period for Personal Injury claims

Answer 28

3 years of the latest of: - action occurred - knowledge of person injured

Question 29

What is the limitation period for Fatal Accidents

Answer 29

Limits are: - same limit as PI for dead person (I.e. if they’ve known for over 3 years). PLUS claim cannot be brought after 3 years of the later of: - date of death - date of knowledge of dependant

Question 30

What is required for date of knoweldge?

Answer 30

Knowing that: - Injury was significant - attributable to wrong doing - identify of defendant - identify of person other than the defendant (vicarious liability)

Question 31

What is Latent damage

Answer 31

something unaware of for a long time

Question 32

What is the limitation period for Latent damage

Answer 32

Later of: - 6 years from when the action accrued - 3 years from requisite knowledge NOTE - 15 year longstop from latest negligent act / omission which caused the damage

Question 33

What is the limitation period for enforcing a judgement

Answer 33

6 years

Question 34

What is the limitation period for enforcing a tort or contract claim

Answer 34

6 years after action

Question 35

What effect does disability have on the time limits?

Answer 35

limitation period starts from when disability ends: - 2 years contribution claims - 3 years PI / fatal accidents - 6 years other cases1

Question 36

When does a person have a disabilty?

Answer 36

- minor (under 18) - or lacks mental capacity

Question 37

What if the claim is based on a fraud or deliberate concealment?

Answer 37

Limitation does not start to run until the claimant finds out

Question 38

Counting time: What does 14 days mean?

Answer 38

Means clear days which does not include the day of action

Question 39

Counting time: What does 14 days ending on an event mean?

Answer 39

that event is not included in counting days nor is the last day of counting (i.e. 3 days does not include the 3rd day).

Question 40

Counting time: which period of days do the special rules apply to?

Answer 40

5 days

Question 41

Counting time: Which days don't count for periods of 5 days or less?

Answer 41

- Weekends - Bank holidays - Good Friday - Christmas

Question 42

Counting time: what if the court is closed on the day?

Answer 42

the next day the office is open

Question 43

What must be done to issue a claim form?

Answer 43

1. Copies of Claim Form (Form NI) issued and sealed 2. Court issue fee

Question 44

What is the significance of the date of issue of the claim form?

Answer 44

Stops time for limitation and starts time for when claim form can be served

Question 45

To add a C or D to a claim, what is the test?

Answer 45

Must be 'desirable'

Question 46

To add a claimant to a claim, what is needed?

Answer 46

- Their consent - Court's permission (unless claim form hasn't been served)

Question 47

To add a claimant after the end of a limitation period, when is this allowed?

Answer 47

If limitation period was current when proceedings started, and Addition : substitution is necessary: - The intended D has been identified in the statements of case by description or less specifically

Question 48

Who can effect service of a claim form?

Answer 48

Court or claimant (C's solicitor must file certificate of service after at court within 21 days of service)