DR Commencing and serving proceedings Flashcards
(96 cards)
1
Q
What two items must the claimant file at court to issue a claim?
A
Correct number of copies of the claim form (Form N1).
Court issue fee (depends on claim value).
2
Q
How many copies of the claim form must be filed?
A
One copy for the court.
One copy for each defendant.
One copy for the claimant’s own file.
3
Q
What is the effect of the claim being issued? (2 effects)
A
Stops limitation time from running.
Starts service time limit clock (normally 4 months to serve).
4
Q
If documents are sent to the High Court, when is the limitation period stopped?
A
Date the court receives the claim form and covering letter (NOT date of processing).
5
Q
What does the court do to issue the claim form? (3 actions)
A
Enter date of issue on claim form.
Assign a claim number.
Seal all copies of the claim form.
6
Q
What internal action does the court take after issuing?
A
Create a case management file.
Place a sealed copy of the claim form into the file.
7
Q
Where are most County Court money-only claims issued?
A
Civil National Business Centre (CNBC) in Northampton
8
Q
How are non-money-only County Court claims issued?
A
By sending or taking the claim form (Form N1) and fee to any County Court hearing centre.
9
Q
What must the claimant specify when issuing a County Court claim?
A
Their preferred County Court hearing centre for future hearings.
10
Q
Can the claim be transferred to a different hearing centre later?
A
Yes, the court has discretion to transfer the case to another hearing centre if appropriate.
11
Q
What is Money Claim Online (MCOL)?
A
An HMCTS online system for issuing simple County Court money claims quickly and cost-effectively.
12
Q
What type of claim can be issued using Money Claim Online? (3 requirements)
A
Money-only claims.
Value up to £100,000.
No more than two defendants.
13
Q
How is the claim form served when using Money Claim Online?
A
Served in the usual way (not automatically electronically).
14
Q
What happens if the defendant defends a claim issued via Money Claim Online?
A
The case is transferred to the appropriate local County Court hearing centre.
15
Q
Who typically uses the bulk issuing service for County Court claims?
A
Organisations issuing many claims, such as utility companies, credit providers, councils.
16
Q
Where are bulk County Court claims issued?
A
At the County Court Business Centre (CCBC) in Northampton.
17
Q
What must a claimant do to issue claims as a bulk user?
A
They must register with the County Court Business Centre as an approved bulk user.
18
Q
What is “service” in civil litigation?
A
The process of giving a document to another party in a way that is recognised by the court.
19
Q
Are the rules for serving a claim form the same as the rules for serving other documents?
A
No.
There are separate and stricter rules for serving the claim form compared to serving other documents.
20
Q
What three critical questions must you always ask when dealing with service of the claim form?
A
Who will effect service?
➔ Usually the claimant or their solicitor.
How should service be effected?
➔ Must use a permitted method under CPR Part 6.
When must the claim form be served?
➔ Normally within 4 months of issue (inside England and Wales).
21
Q
Who can serve the claim form?
A
Either the corut or the claimant/claimant’s solicitor
22
Q
If the court serves the claim form, how will service usually be effected?
A
By first class post –> they will then send the claimant a notice of issue stating the deemed date of service
23
Q
What document will the court send after serving the claim form?
A
A Notice of Issue stating the deemed date of service.
24
Q
What happens if the court is unable to serve the claim form?
A
The court will send a Notice of Non-Service, and the claimant must then arrange service themselves.
25
If the claimant wishes to serve the claim form, what must they do when issuing?
Notify the court at issue that they do not want the court to serve.
26
What document must the claimant/solicitor file after serving the claim form?
A Certificate of Service must be filed at court within 21 days of service (CPR 6.17).
27
When is a Certificate of Service NOT required?
If all defendants have filed an Acknowledgment of Service within 21 days.
28
What happens if a method of service that is not recognised by the CPR is used?
Service must be by a method recognised as valid by the CPR --> if not --> claimant may be unable to obtain judgment or enforce any judgment obtained
29
Methods of service for the claim form
Personally on the defendant
Leaving the document at a permitted address
First-class post
DX
Fax
Other electronic method (e.g. email)
Any other method authorised by the court
30
If the defendant provides a solicitor's address for service, where must the claim form be served?
It must be served at the solicitor's address provided (CPR 6.7).
31
If no solicitor address is given, where can a claim form be served on an individual defendant?
Their usual or last known residence.
32
Where can a claim form be served on an individual being sued in the name of a business?
Usual or last known residence,
OR principal or last known place of business.
33
Where can a claim form be served on an individual being sued in the name of a partnership?
Usual or last known residence,
OR principal or last known place of business of the partnership.
34
Where can a claim form be served on a limited liability partnership (LLP) or company?
Principal office,
OR any place of business within the jurisdiction that has a real connection to the claim.
35
Time limit for serving a claim form after issue?
The relevant step to serve the CF must be compelted before midnight on the calendary day four months after the date of issue of the CF
36
What is the relevant step for service by personal service or leaving at a permitted address?
Physically leaving the claim form with the defendant.
37
What is the relevant step for service by first class post or DX?
Posting the claim form or leaving it with DX.
38
What is the relevant step for service by fax?
Completing the transmission of the fax.
39
What is the relevant step for service by email (electronic method)?
Sending the email (completing the electronic transmission).
40
What happens if the claim form is not served within the 4-month time limit?
The claim automatically fails and the claimant must issue a new claim and pay a new fee.
41
When should the application for extension ideally be made?
Before the expiry of the 4-month validity period of the claim form.
42
What must the claimant show to get an extension before expiry?
Must show good reasons for the extension.
(Waiting for further evidence or a defendant's response is not usually a good reason.)
43
Can an extension be granted after the 4-month period expires?
Only if:
(1) It was the court’s fault, or
(2) The claimant took all reasonable steps to serve, and
(3) The application was made promptly.
44
Give an example of something unlikely to justify an extension after expiry.
Mistakenly serving the defendant's insurers or solicitors instead of the defendant.
45
After issuing a claim form, what must the claimant do about service, and what if they are not ready to serve within 4 months?
After issue, the claimant must complete the relevant step to serve the claim form within 4 months of the date of issue (inside England and Wales).
If not ready before or after 4 months, the claimant must apply for an extension of time under CPR 7.6.
Before expiry ➔ Must show good reason.
After expiry ➔ Only allowed if court's fault or claimant took all reasonable steps and acted promptly.
46
What are the particulars of claim?
The document where the claimant sets out the detailed facts, legal basis, and remedy sought for the claim.
47
When must the particulars of claim be served if they are not contained in the claim form?
Within 14 days after service of the claim form,
And within the original 4-month period from issue of the claim form.
48
What must also be served if the particulars are contained in or served with the claim form?
The response pack (Form N9), including:
Form for admission,
Form for defence,
Form for acknowledgment of service.
49
What must the claimant do after serving the particulars of claim?
File a copy of the particulars at court within 7 days of serving them on the defendant,
Unless already filed earlier.
50
When must the response pack (Form N9) be served in relation to the particulars of claim?
The response pack travels with the particulars of claim.
If the particulars of claim are contained in or served with the claim form ➔ serve the claim form + particulars + response pack together.
If the particulars of claim are served separately after the claim form ➔ serve the response pack at the time the particulars are served.
51
What methods are allowed for serving documents other than the claim form, and what address must be used?
Documents can be served by:
Personal service,
Leaving at a permitted address,
First class post / DX,
Fax or email (only if agreed).
After the defendant responds, serve documents at the address they specify for service (usually their solicitor’s address).
52
The deadline for taking the 'relevant step' to serve the claim form depends on…
…when the claim form was issued.
53
If particulars of claim are not contained in or served with the claim form they must be served…
…within 14 days of service of the claim form, and also within 4 months of the claim being issued
54
When is a claim form deemed served, and what is the "relevant step" for calculating it?
A claim form is deemed served on the second business day after completion of the relevant step (CPR 6.14).
"Relevant step" depends on the method of service:
Post ➔ Posting the claim form.
DX ➔ Leaving with DX service.
Personal service ➔ Physically delivering the document.
Fax / Email ➔ Completing transmission.
✅ Business days exclude Saturdays, Sundays, and bank holidays (CPR 6.2).
55
What should solicitors do when serving a document to protect against challenges to the deemed date of service?
Solicitors should keep a clear record of the date and time they completed the relevant step (posting, faxing, emailing, etc).
This record may be needed to prove valid service timing if challenged later in proceedings.
56
What are the deemed service rules for documents other than the claim form (CPR 6.26)?
Instant methods (personal service, fax, email, delivering to permitted address):
If completed before 4.30pm on a business day ➔ deemed served same day.
If after 4.30pm ➔ deemed served next business day.
Non-instant methods (post, DX):
Deemed served on the second business day after posting or giving to DX.
If second day is not a business day ➔ deemed served next business day.
57
What ambiguity arises if particulars of claim are attached to or served with the claim form as a separate document?
It is unclear whether to apply:
Claim form deemed service rules (second business day after relevant step),
OR rules for documents other than claim forms (instant/non-instant method rules).
Best practice:
Act as if the particulars are served at the same time as the claim form to avoid risk.
Respond promptly.
58
Is second class post an acceptable method of service under the Civil Procedure Rules (CPR)?
❌ No, second class post is not an acceptable method of service.
✅ Only first class post or document exchange (DX) are permitted for postal service under CPR 6.20.
Documents sent by second class post are not deemed served at all.
59
What are statements of case?
Documents where:
Claimant sets out the factual basis of its claim and the remedy sought.
Defendant sets out their position on the alleged facts and their entitlement to relief.
60
What are the key formal requirements common to all statements of case?
A case heading at the top (showing court, claim number, parties' names).
A statement of truth at the end (confirming the truth of the facts, with contempt of court risk if false).
A uniform structure and layout following CPR and Practice Directions guidance.
61
Why must statements of case comply with content and format rules, and what happens if they do not?
Statements of case must be concise, clear, correct, and comply with the CPR.
If they are deficient:
May require formal amendment (court permission needed),
Waste court and parties' time,
Cause tactical disadvantages,
Result in costs penalties.
62
What four elements must a case heading include in every statement of case?
The court and/or division where the claim is proceeding.
The claim number.
The full names of each party.
The party’s status (e.g., claimant, defendant).
63
Rules applicable to all statements of case
Numbered paragraphs.
Pages numbered consecutively.
All numbers and dates expressed in figures.
References in the margin to filed documents.
Name of the drafting barrister/solicitor/firm.
A statement of truth at the end.
64
Why must every statement of case be verified by a statement of truth, and what are the consequences if it is missing or false?
Under CPR 22.1(1)(a), a statement of case can only be used as evidence if it is verified by a statement of truth.
The statement of truth confirms the signer believes the contents are true.
If missing: the statement of case cannot be relied on as evidence in the proceedings.
If false and dishonest:
Proceedings for contempt of court may be brought (CPR 32.14),
Sanctions include fines and/or imprisonment.
65
What is the claim form?
Form N1 - this is the document used to commence proceedings and set out key elements of the claim (in particular, the identity of the praties)
66
How must an individual be named on the claim form?
By full name, e.g., Fred Michael Flagstone.
67
How must a sole trader be named on the claim form?
By full name plus trading name, e.g., Fred Michael Flagstone (trading as Fred’s Café).
68
How must a partnership be named on the claim form?
✅ You must choose depending on whether you want to sue the individuals or the partnership entity.
You can either:
(1) Sue the partners individually, e.g.:
(1) Fred Michael Flagstone
(2) William Aaron Rouble
OR
(2) Sue the partnership in its firm name, e.g.:
Flagstones (a Firm).
69
How must a company be named on the claim form?
By full company name, e.g., Rock Limited.
70
How must a Limited Liability Partnership (LLP) be named on the claim form?
By full LLP name, e.g., Rock LLP.
71
How must a trust be named on the claim form?
Trustees of [trust name], or
Name the trustee personally, e.g., Markus Severn in his capacity as trustee of [trust name].
72
How must a deceased person be named on the claim form?
If probate/letters granted:
e.g., Jane Wilson (as administratrix/executrix of John Wilson).
If no probate yet:
The personal representatives of John Wilson deceased.
73
What address information must be included on the claim form?
The address for service of each party.
If the claimant's place of residence or business is different from their address for service,
they must also include their actual residence or business address (16 PD 2.2).
74
What claim details must the claimant include in the claim form?
A concise statement of the nature of the claim (brief summary, not full particulars).
The remedy sought by the claimant.
No need to expressly include a claim for costs (CPR 16.2).
75
If a claimant is making a claim for money, what must the CF include?
A statement of the amount claimed. This can be set out in one of three ways:
(i) State the exact amount (if specified).
(ii) For an unspecified amount, state whether it is: 'Less than £10,000', 'Between £10,000 and £25,000', or 'More than £25,000'.
(iii) Or state: 'I cannot say how much I expect to recover'.
76
What additional rules apply to value statements in claim forms?
Court is not bound by the claimant’s statement of value (CPR 16.3(7)).
In personal injury claims, state whether damages for pain, suffering and loss of amenity are over or under £1,500.
If issuing in the High Court, jurisdictional endorsement must confirm:
- Expect recovery of more than £100,000,
- Some law requires High Court,
- Personal injury claim worth over £50,000,
- Or case is in a specialist High Court list.
77
What two things must the claimant state when issuing a non-PI money claim over £100,000 in the High Court?
(i) State the exact amount of the claim.
(ii) State that they expect to recover more than £100,000 (CPR 16.3(5)).
78
When calculating the value of a claim for the statement of value, what must not be included?
Interest
Costs
Counterclaims
Set-off
Contributory negligence
State benefits under the Social Security (Recovery of Benefits) Act 1997
✅ Only the primary value of the claim is counted.
79
It is often appropriate to include the particulars of claim on the claim form for a claim that is a….
Simple debt claim
80
What is the particulars of claim?
The claimant's main statement of case
81
Contents of the particulars of claim
Introduce each party - helps court understand the context
DBCL (and interest claims)
Prayer (summary of the remedies sought by the claimant)
82
What must be included in particulars of claim if aggravated, exemplary, or provisional damages are sought?
Must plead the claim specifically.
Must give the grounds for claiming such damages (CPR 16.4).
83
What must particulars of claim for a personal injury claim include?
Claimant’s date of birth,
Details of injuries,
A schedule of past and future expenses and losses,
Any expert medical report relied on (16 PD 4).
84
What must particulars of claim for a land-related claim include?
Identify the land, and
State whether it includes residential premises (16 PD 7.1).
85
What must particulars of claim include if based on a written agreement?
Attach a copy of the agreement (with any incorporated general conditions) — (16 PD 7.3).
86
What must particulars of claim include if based on an oral agreement?
Set out the words spoken, by whom, to whom, when and where — (16 PD 7.4).
87
What must particulars of claim include if based on an agreement by conduct?
Set out the conduct relied on, and state by whom, when and where the acts were done — (16 PD 7.5).
88
What special issues must be pleaded with detailed rules in the particulars of claim?
Past convictions, fraud, illegality, unsoundness of mind — (16 PD 8).
89
What must be included if relying on human rights arguments?
State the human rights arguments relied upon and/or any relief sought — (16 PD 14).
90
What are the two legal bases for claiming interest in particulars of claim?
Contractual right (if agreed between the parties), or
Statutory right (section 35A Senior Courts Act 1981 or section 69 County Courts Act 1984).
91
What are the two ways of pleading interest in the particulars of claim?
Exact calculation of interest, or
General pleading of interest.
92
When should exact calculation of interest be used and what must be included?
Use for specified claims (e.g., debt).
Must set out:
Percentage rate,
Dates from/to which interest is claimed,
Total amount claimed up to issue,
Daily rate of interest thereafter.
93
When should interest be pleaded generally?
For unspecified claims (e.g., damages where amount needs court determination), such as:
Loss of goodwill or reputation,
Loss of profits,
Any damages involving remoteness, foreseeability, or mitigation issues.
94
What happens if a claim is partly specified and partly unspecified?
The claimant has a choice:
(i) Treat the claims separately — work out interest for the specified part, and plead interest generally for the unspecified part,
OR
(ii) Treat the whole claim as unspecified if combined it is uncertain overall.
95
Principles applying to the award of interest where the claimant relies on statutory claims for interest
Court has discretion as to whether to award interest and how much
In PI claims where damages over £200 are awarded, some interest MUST be awarded (unless there are special reasons for not doing so - amount is still in the court's discretion
In debt claims, if the defendant pays the whole debt during the proceedings, some interest must be awarded (amount still in the court's discretion)
96
What is a prayer in the particulars of claim?
a summary of the remedies sought by the claimant
