Issuing a claim Flashcards

1
Q

What value of (PI) claims can be in either HC or CC?

A
  1. non PI claims: over £100,000
  2. PI claims: £50,000 or more
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2
Q

What value of (PI) claim must be held in the CC?

A
  1. non PI claims: up to £100,000
  2. PI claims: less than £50,000
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3
Q

When is the DDS for documents other than the CF when using instant method? e.g. email/fax/personal service

A

If done before 4:30pm on a business day = same day

Otherwise DDS = next business day

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4
Q

When is the DDS for docs other than the CF when using non-instant methods? e.g. post

A

second business day after posting

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5
Q

When is the DDS for the CF?

A

second business day after completion of the “relevant step”

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6
Q

What happens to the limitation period once a CF is issued?

A

It stops period running

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7
Q

What is the timeframe to serve CF?

A

within 4 months of issue

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8
Q

What 2 options does C have if they need more time to serve the CF?

A
  1. parties can agree extension
  2. If not, best to issue new CF
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9
Q

If the POC is served separately, when must it be served?

A

within 14 DDS of CF + within 4 months

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10
Q

If POC and CF is served together, what must C also serve?

A

response pack: admission, defence, acknowledging service

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11
Q

When must D serve their defence?

A

within 14 days DDS of POC (if served seperately)

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12
Q

How many days longer does an acknowledgement of service give D to serve defence?

A

A further 14 days

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13
Q

How much longer can the parties agree to extend defence due date before asking the court?

A

Up to 28 days more

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14
Q

What are 2 options C has after being notified of D’s admission?

A
  1. requests for judgement
  2. settle (Tomlin Order)
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15
Q

When must C reply to the admission form?

A

within 14 days of receipt

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16
Q

How long does D have to make payment for judgement?

A

within 14 days of judgment

17
Q

What are the 3 potential responses in a defence statement?

A
  1. admit agreed facts (cost consequences)
  2. deny with reasons
  3. required to prove
18
Q

What happens if D fails to deal with an allegation in the defence statement?

A

considered an admission