DR: Commencing and Serving Proceedings

Question 1

What must a claimant decide upon bringing a claim?

Answer 1

The court to issue the claim and issue the proceedings in that court.

Question 2

What are the two principal types of civil court in England and Wales?

Answer 2

• High Court
• County Court

Question 3

What does concurrent jurisdiction mean in the context of High Court and County Court?

Answer 3

Both courts have the power to deal with most claims.

Question 4

What are the jurisdiction thresholds for Non-PI claims in County Court?

Answer 4

Claims up to £100,000 must be in County Court; over £100,000 can be in either court.

Question 5

What are the jurisdiction thresholds for Personal Injury claims?

Answer 5

• Less than £50,000 must be in County Court
• £50,000 or more can be in either court.

Question 6

What should a claim form state if issued in the High Court?

Answer 6

The claimant expects to recover more than £100,000.

Question 7

What factors should be considered when deciding which court to issue a claim?

Answer 7

• Financial value of the claim
• Complexity of the facts, legal issues, remedies, or procedures
• Importance of the outcome to the public

Question 8

What happens if the court disagrees with the claimant’s choice of court?

Answer 8

The court may transfer the case to another court.

Question 9

What are the consequences of issuing a claim in the wrong court?

Answer 9

• The court may transfer the case and order claimant to pay costs of transfer
• Up to 25% deduction in awarded costs at court’s discretion.

Question 10

What documents must be sent to issue a claim at court?

Answer 10

• Copies of the claim form (Form N1)
• Court issue fee
• Additional documents if necessary

Question 11

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

Answer 11

It stops time running for limitation purposes and starts the clock for service.

Question 12

How are County Court money claims generally issued?

Answer 12

By post to the Civil National Business Centre.

Question 13

What is ‘Money Claim Online’?

Answer 13

An online service for issuing County Court money claims up to £100,000 against no more than two defendants.

Question 14

What is required for bulk users issuing County Court claims?

Answer 14

Registration at the County Court Business Centre.

Question 15

Fill in the blank: The claim form used to start the claim is _______.

Answer 15

Form N1

Question 16

True or False: Personal Injury claims of £50,000 or more can only be issued in the High Court.

Answer 16

False

Question 17

What is the primary purpose of the Civil Procedure Rules (CPR) in the context of issuing claims?

Answer 17

To govern the process of commencing legal proceedings.

Question 18

What is the significance of service of documents in court proceedings?

Answer 18

It is the process of giving a document to another party in a way recognized by the court.

Question 19

What are the main CPR rules that support the service of documents?

Answer 19

• CPR 6.1 – 6.29
• 6A PD
• CPR 7.4-7.6

Question 20

What are the three areas of concern regarding the service of the claim form?

Answer 20

• Who will effect service?
• How should service be effected?
• When must the claim form be served?

Question 21

Who can effect service of the claim form?

Answer 21

• The court
• The claimant / claimant’s solicitor

Question 22

How does the court typically serve the claim form?

Answer 22

By first class post.

Question 23

What notice does the court send to the claimant after serving the claim form?

Answer 23

A notice of issue stating the deemed date of service.

Question 24

What must the claimant do if the court is unable to serve the claim form?

Answer 24

The claimant must try to serve the claim form on the defendant.

Question 25

What must the claimant notify the court if they wish to serve the claim form themselves?

Answer 25

They must notify the court that they do not wish the court to serve it.

Question 26

What is required from the claimant’s solicitor after serving the claim form?

Answer 26

File a certificate of service at court within 21 days.

Question 27

What methods are permissible for serving the claim form?

Answer 27

* Personally on the defendant * Leaving the document at a permitted address * First class post * Document exchange (DX) * Fax * Other electronic method (e.g., email) * Any other method authorized by the court

Question 28

Define personal service.

Answer 28

Physically leaving the claim form with a defendant who is an individual or an appropriate person for a company.

Question 29

What does leaving the document at a permitted address entail?

Answer 29

Depositing the claim form at a permitted address whether or not someone is present to receive it.

Question 30

When is service by fax permitted?

Answer 30

Only if the defendant or their solicitor has indicated acceptance of service by fax.

Question 31

What is the deadline for serving the claim form after it is issued?

Answer 31

Before 12.00 midnight on the calendar day four months after the date of issue.

Question 32

What happens if the claim form is not served within the time limit?

Answer 32

The claim will fail automatically.

Question 33

What can a claimant do if they cannot serve the claim form within the time limit?

Answer 33

Apply to the court for an extension of time under CPR 7.6.

Question 34

What conditions must be met for the court to grant an extension for serving the claim form?

Answer 34

* The court failed to serve the claim form * The claimant took all reasonable steps to comply * The application was made promptly

Question 35

What are particulars of claim?

Answer 35

Details where the claimant sets out their claim.

Question 36

What must be served alongside the claim form if particulars of claim are included?

Answer 36

The response pack (Form N9).

Question 37

What is the time frame for serving particulars of claim if they are not included with the claim form?

Answer 37

Within 14 days of service of the claim form and within the validity period.

Question 38

What methods are allowed for serving documents other than the claim form?

Answer 38

* Personal service * Delivering to or leaving the document at a permitted address * First class post / document exchange (DX) * Fax or other electronic method (e.g., email)

Question 39

What must the defendant provide when responding to the claim?

Answer 39

An address at which documents may be served going forwards.

Question 40

What is required after service of the claim form and particulars of claim?

Answer 40

Consideration of when these documents are 'deemed served' on the defendant.

Question 41

True or False: Personal service requires an address for the recipient.

Answer 41

False.

Question 42

Fill in the blank: The claim form must be served by taking the ‘______’ as set out in the rules.

Answer 42

relevant step

Question 43

What does the deemed date of service refer to?

Answer 43

The date the court considers a document to have been served, irrespective of the actual receipt date. ## Footnote Important for determining response deadlines in litigation.

Question 44

Which CPR rules support the concept of deemed date of service?

Answer 44

CPR 6.2, 6.14, 6.26, and 7.5(1).

Question 45

Why is the deemed date of service significant in litigation?

Answer 45

It may determine important response deadlines that, if missed, could impact the ability to defend a claim.

Question 46

How is the deemed date of service calculated for the claim form?

Answer 46

On the second business day after the completion of the relevant service step (CPR 6.14).

Question 47

What is considered a 'business day' according to CPR?

Answer 47

Any day except Saturdays, Sundays, bank holidays, Good Friday, or Christmas day (CPR 6.2).

Question 48

What is the relevant step when serving a claim form by post?

Answer 48

Posting the claim form.

Question 49

If a claim form is emailed on September 5, when is it deemed served?

Answer 49

On September 7, which is the second business day after the email was sent.

Question 50

What should solicitors do regarding the claim form's dispatch date?

Answer 50

Keep a record of the dispatch date as it might be challenged.

Question 51

What happens if particulars of claim are included within the claim form?

Answer 51

The rules on deemed service for the claim form apply.

Question 52

What ambiguity exists when particulars of claim are served separately from the claim form?

Answer 52

It's unclear if the same deemed service rules apply or if different rules for other documents apply.

Question 53

When are particulars of claim deemed served if served separately within 14 days after the claim form?

Answer 53

They will follow the rules for documents other than the claim form (CPR 7.4(1)(b)).

Question 54

How is the deemed date of service determined for documents other than the claim form?

Answer 54

It varies according to the method of service used (CPR 6.26).

Question 55

What is the deemed service rule for instant methods like personal service or email before 4.30pm?

Answer 55

Deemed served the same day.

Question 56

What happens if the instant method is done after 4.30pm on a business day?

Answer 56

Deemed served the next business day.

Question 57

What is the deemed service rule for non-instant methods like post?

Answer 57

Deemed served the second day after posting, if a business day.

Question 58

If a document is sent by email at 2.30pm on September 5, when is it deemed served?

Answer 58

On September 5, the same day as the email transmission.

Question 59

What is the main takeaway regarding deemed dates of service under the CPR?

Answer 59

The deemed date of service is relevant, not the actual receipt date, and is calculated according to specific rules.