Pre-Action Conduct

Question 1

non-compliance with pre-action protocols is most likely to impact

Answer 1

costs and interest

Question 2

Who generally pays for costs on discontinuance?

Answer 2

claimant

Question 3

reasons to justify non-compliance

Answer 3

limitation period is about to expire, urgent proceedings, element of surprise

Question 4

1st stage of Pre-action Protocol for Personal Injury Claims

Answer 4

Claimants should write a Letter of Notification to potential defendants

Question 5

For a PI claim, the defendant must acknowledge Letter of Claim within

Answer 5

21 days

Question 6

For a PI claim, defendant must send full Letter of Response within

Answer 6

3 months

Question 7

pre-action conduct requires that defendants send a response letter within

Answer 7

a reasonable period

Question 8

when calculating value of a claim, you should disregard

Answer 8

interest

Question 9

a claim should be started in the High Court by reason of (4)

Answer 9

financial value, complexity, importance of outcome to the public, if they want a High Court Judge

Question 10

sanction for wrongly beginning a matter in the High Court when it should have been issued in the County Court

Answer 10

any costs awarded in the claim can be deducted by up to 25% at the court’s discretion

Question 11

Claim form

Answer 11

Form N1

Question 12

Money claim online service can only be used for

Answer 12

claims with a value up to £100,000 which are against max 2 defendants

Question 13

service of the claim form must be

Answer 13

effective and valid

Question 14

DX provides for delivery on

Answer 14

the next business day

Question 15

Service by fax or other electronic method is only permitted

Answer 15

if the defendant has indicated it will accept service this way

Question 16

Serving the claim form must be completed before

Answer 16

midnight 4 months after the date of issue of the claim form

Question 17

Making an application for an extension to serve the claim form should be made within

Answer 17

the 4-month period of validity of the claim form and the claimant needs good reasons

Question 18

The response pack (Form N9) contains

Answer 18

Form of admission, form for defending, form for acknowledging service

Question 19

If particulars of claim are not contained in or served with the claim form, they must be served within

Answer 19

14 days of service of the claim form

Question 20

Once the particulars of claim are served, the claimant must file a copy at court within

Answer 20

7 days of service

Question 21

A claim form is deemed served on

Answer 21

the second business day after completion of the “relevant step”

Question 22

Deemed date of service for instant methods

Answer 22

served the same day if before 4.30, otherwise deemed served the next business day

Question 23

Deemed date of service, not instant method

Answer 23

deemed served second business day

Question 24

every statement of case must be headed with

Answer 24

the title of proceedings

Question 25

every statement of case needs a statement of

Answer 25

truth

Question 26

In a personal injury claim, the claimant must state whether the amount which the claimant expects to recover for PSLA

Answer 26

is more than £1500

Question 27

What is not included in the particulars of claim?

Answer 27

evidence

Question 28

Two methods of setting out an interest claim

Answer 28

a) exact calculation of the amount of interest claimed b) pleading interest generally

Question 29

In personal injury claims where damages over £200 are awarded

Answer 29

some interest must be awarded unless there are special reasons for not doing so

Question 30

the 'prayer'

Answer 30

a summary of the remedies sought by the claimant

Question 31

Claim based on written agreement

Answer 31

must attach the written agreement

Question 32

Personal injury claim must include

Answer 32

C's DOB, injuries, schedule of past and future expenses and any medical expert report

Question 33

when a statement of case has been served, the party may amend it only with 2 forms of consent, which are?

Answer 33

a) with the written consent of all the other parties; or b) with the permission of the court

Question 34

Non-PI claims over 100K can be issued in either

Answer 34

High Court or County Court, depending on value and complexity

Question 35

period for the defendant to respond starts to run from

Answer 35

when the particulars of claim are served

Question 36

when following the PD on Pre-Action Conduct, the defendant should respond to the initial letter of claim within

Answer 36

a reasonable time – 14 days in a straightforward case and no more than 3 months in a very complex one