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Dispute resolution > Pre-action and starting a claim > Flashcards

Pre-action and starting a claim Flashcards

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1
Q

What is the main purpose of the Practice Direction – Pre-Action Conduct and Protocols?

A

To set a standard of behaviour for parties to follow in all cases.

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2
Q

What should parties consider before issuing proceedings according to the Practice Direction?

A

Whether negotiation or another form of ADR might allow them to avoid proceedings.

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3
Q

What is the aim of the pre-action protocols?

A

To encourage a ‘cards on the table’ approach and facilitate early settlement.

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4
Q

What should a defendant do if they intend to admit liability?

A

Do so early and clearly.

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5
Q

What are the consequences of non-compliance with a pre-action protocol?

A

Adverse consequences related to costs and interest, or the court may stay the proceedings.

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6
Q

True or False: Silence in response to an opponent’s suggestion of ADR is considered reasonable conduct.

A

False

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7
Q

Fill in the blank: A claim can only be brought in a court if that court has _______.

A

[jurisdiction to deal with the matter]

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8
Q

What is the threshold for personal injury claims to be brought in the County Court?

A

Less than £50,000.

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9
Q

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

A
  • High Court
  • County Court
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10
Q

What must be included in the Letter of Claim according to the Pre-action Protocol for Personal Injury Claims?

A

Brief details to enable the defendant to notify their insurer.

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11
Q

What is the financial threshold for non-personal injury claims to be issued in the High Court?

A

Over £100,000.

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12
Q

What should the claimant do if they wish to issue a claim valued at £175,000?

A

They can issue it in either the High Court or the County Court.

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13
Q

What happens if a claim is wrongly issued in the High Court instead of the County Court?

A

Costs awarded in the claim can be deducted by up to 25%.

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14
Q

What is required to initiate a claim at court?

A
  • Copies of the claim form (Form N1)
  • Court issue fee
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15
Q

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

A

It stops time running for limitation purposes.

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16
Q

What must a defendant do after receiving a Letter of Claim?

A

Acknowledge it within 21 days.

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17
Q

What is the purpose of a ‘stocktake’ before issuing proceedings?

A

To assess the positions of the parties.

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18
Q

What may justify non-compliance with pre-action requirements?

A
  • Limitation period is about to expire
  • Urgent proceedings needed
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19
Q

What is the role of the court when a claim is issued inappropriately?

A

The court may transfer the case between the High Court and the County Court.

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20
Q

What should the claimant do if they believe their claim should be tried in the High Court?

A

Consider the financial value, complexity, and public importance of the claim.

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21
Q

What is the expected response time for a defendant to send a response letter?

A

Within a reasonable period, typically between 14 days and 3 months.

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22
Q

What are the implications of failing to comply with the Practice Direction?

A

The court may impose sanctions regarding costs or stay a claim.

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23
Q

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

A

It stops time running for limitation purposes and starts the clock for the time in which the claim form must be served.

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24
Q

How does the High Court confirm the receipt of documents?

A

By stamping the covering letter with the date of receipt.

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25
What document is used to start a claim in the County Court?
Claim form (Form N1).
26
Where are most County Court money claims issued?
Civil National Business Centre.
27
What is the maximum value for money claims that can be issued through Money Claim Online?
Up to £100,000.
28
What conditions apply to using Money Claim Online?
Claims must be against no more than two defendants.
29
What is the role of the County Court Business Centre for bulk users?
It provides a particular service for users issuing many claims.
30
What types of claims must be brought in the County Court?
Personal Injury claims of up to £50,000 and other claims of up to £100,000.
31
What is the main Civil Procedure Rule (CPR) governing service of documents?
CPR 6.1 – 6.29.
32
What is service in the context of court proceedings?
The process of giving a document to another party in an action in a way recognized by the court.
33
Who can effect service of the claim form?
* The court * The claimant / claimant’s solicitor.
34
What must a claimant do if they wish to serve the claim form themselves?
Notify the court that they do not wish the court to serve it.
35
What is the time limit for serving the claim form after it is issued?
Before 12.00 midnight on the calendar day four months after the date of issue.
36
What happens if the claim form is not served within the time limit?
The claim will fail automatically.
37
What are the permissible methods of serving the claim form?
* 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.
38
What is personal service?
Physically leaving the claim form with a defendant or an appropriate person in the case of a company.
39
When must particulars of claim be served if not included with the claim form?
Within 14 days of service of the claim form and within the validity period of the claim form.
40
What must the claimant do after serving the particulars of claim?
File a copy at court within 7 days of service.
41
What is the deemed date of service?
The date the court considers a document to have been served, irrespective of the actual receipt date.
42
What is the purpose of deemed dates of service?
To provide clarity on important response deadlines in litigation.
43
What is the relevant step for personal service?
Leaving the claim form with the defendant.
44
What is required for service by fax?
The defendant or their solicitor must indicate acceptance of service by fax.
45
What should a claimant do if they cannot serve the claim form within the time limit?
Apply to the court for an extension of time under CPR 7.6.
46
What are the consequences of mistakenly serving the defendant's insurers instead of the defendant?
It is unlikely to justify an extension for service.
47
What are the methods of serving documents other than the claim form?
* 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).
48
Why is the exact date when a document is served important in litigation?
It is important because it may determine response deadlines that affect the ability to defend the claim.
49
What is the 'deemed date of service'?
It is the date the court considers a document to have been served, regardless of when it was actually received.
50
To what types of documents does the concept of deemed date of service apply?
It applies to the claim form and other documents, though different rules apply for each.
51
When is a claim form deemed served?
It is deemed served on the second business day after completion of the relevant step.
52
What is considered a 'business day' according to CPR 6.2?
Any day except Saturdays, Sundays, bank holidays, Good Friday, or Christmas day.
53
What is the relevant step for service by post?
The relevant step is posting the claim form.
54
What should solicitors keep a record of regarding claim forms?
The date on which the claim form was dispatched.
55
What happens if particulars of claim are served separately from the claim form?
They must be served within 14 days after service of the claim form.
56
What are the deemed service rules for 'instant methods' of service?
If done before 4.30pm on a business day: deemed served the same day; otherwise, deemed served the next business day.
57
How are documents served using 'non-instant methods' deemed served?
Deemed served second day after posting or giving to DX provider, if a business day; otherwise, deemed served the next business day.
58
What is the primary purpose of a statement of case?
To set out the factual basis of a claim and the relief sought by the claimant.
59
What must every statement of case include according to CPR?
A formal case heading, a statement of truth, and must adhere to uniform formatting rules.
60
What are the consequences of serving a deficient statement of case?
It may require formal amendment, waste time, incur costs, and lead to tactical disadvantages.
61
What must the title of every statement of case include?
The court and/or division, proceeding number, and the full name and status of each party.
62
What is a statement of truth?
It is a formal declaration confirming the truthfulness of the contents of a statement of case.
63
What sanctions can occur for signing a false statement of truth?
Proceedings for contempt of court may be brought, leading to fines or imprisonment.
64
What is the claim form used for?
To commence proceedings and set out key elements of the claim.
65
In what format is the claim form usually prepared?
The claim form is usually on Form N1.
66
What information must be included in the claim form regarding the parties?
Names, addresses, and any representative capacity if applicable.
67
How should the claimant detail their claim in the claim form?
By including a concise statement of the nature of the claim and the remedy sought.
68
What must the claim form state if the claim is for money?
The amount claimed or an indication of the expected recovery range.
69
What is required if a claim is to be issued in the High Court?
A jurisdictional endorsement must be included in the claim form.
70
What must the claim form state if the claimant expects to recover more than £100,000?
It must state that the claimant expects to recover more than £100,000 ## Footnote This is in accordance with CPR 16.3(5).
71
What additional information must be included if the claim is for personal injuries?
It must state that the claimant expects to recover £50,000 or more ## Footnote This requirement is outlined in CPR 16.3(5).
72
What is the purpose of the particulars of claim?
To set out the claimant's case in full detail ## Footnote This is opposed to the brief statement on the claim form.
73
How should particulars of claim be submitted if they are separate from the claim form?
They must be sent separately to the claim form, up to 14 days after service of the claim form ## Footnote The claim form will state 'particulars of claim to follow'.
74
What basic elements must the claim form contain?
* The parties’ names and addresses * Brief details of the claim and remedy * A statement of the value of the claim * A jurisdictional endorsement if the High Court is chosen ## Footnote These elements are essential for initiating the claim.
75
What does CPR 16.4 require regarding the particulars of claim?
It requires a concise statement of the facts on which the claimant relies ## Footnote This is vital for outlining the cause(s) of action.
76
What are the essential elements that must be covered in the particulars of claim?
* Duty owed by the defendant * Breach of that duty * Causation of recoverable loss ## Footnote These elements must be articulated to support the claimant's case.
77
True or False: The particulars of claim should include legal arguments.
False ## Footnote Legal arguments are presented by the advocate in their submissions, not in the particulars.
78
What specific information must be included in personal injury claims?
* Claimant's date of birth * Details of injuries * Schedule of past and future expenses/losses * Report of any expert medical practitioner relied upon ## Footnote This is specified under CPR 16 PD 4.
79
What must be included when claiming interest in the particulars of claim?
A statement to that effect and the details of the interest claimed ## Footnote This is to compensate for the delay in receiving the money.
80
What are the two ways to set out claims for interest?
* Calculating exactly the amount of interest claimed * Claiming the interest generally ## Footnote These methods depend on whether the claim is specified or unspecified.
81
In a hybrid claim, how can interest be treated?
You may treat the two claims separately or treat the whole claim as unspecified ## Footnote This allows flexibility in how to approach interest calculation.
82
What is the 'prayer' in the particulars of claim?
A summary of the remedies sought by the claimant ## Footnote It provides clarity on what the claimant actually wants.
83
What must be included if the claim is based on a written agreement?
The written agreement must be attached ## Footnote This is required under CPR 16 PD 7.3.
84
What must be included in the particulars of claim if based on an oral agreement?
The particulars should set out the words spoken, by whom, to whom, when, and where ## Footnote This is specified under CPR 16 PD 7.4.
85
What is the structure of the particulars of claim?
* Introduce each party * Set out the relevant duty * Specify the breach * Plead causation * Set out loss and interest claim ## Footnote Following a logical order helps in understanding the case.
86
What must be included in the particulars of claim regarding past convictions or illegality?
Detailed rules on the inclusion of information must be followed ## Footnote This is specified under CPR 16 PD 8.
87
What happens if the defendant pays the whole debt during proceedings?
Some interest must be awarded, but the amount is at the court's discretion ## Footnote This applies in debt claims.

Dispute resolution (8 decks)

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