Procedures Flashcards
General Pt.23 Interim Application (e.g. sanctions)
Must file (and pay fee):
- Application Notice stating what is being sought and why
- Written Evidence in support (w/o notice requires WS with exhibits)
- Draft Order
- Skeleton Argument
- Application bundle
- Statement of costs
Serve on all parties ASAP and at least 3 days
PD(PA)
Detailed Letter before claim (noting alt. funding)
Reasonable period for reply based on complexity
Response must note how far liability is accepted (w. reasons for any denial)
Must consider ADR
Make a realistic Part 36 offer
Documents disclosed not to be used for other purposes
Consider ways to minimise costs such as joint expert
PI Protocol
(Up to £25k but not RTA or EL/PL)
- Informal letter to D or D’s insurer intimating the claim (do not start timeline)
- Begins with formal letter before cliam (2 copies, 1 for insurer) - summarising facts, injuries, financial loss
- D must reply within 21 days naming insurer (no reply justifies immediate issuance)
- D insurer investigates
- Documents disclosed along with denial letter
- C must respond to CN allegations
- C should invite D to appoint solicitor within 7-14 days of issue of claim
Consider: ADR / Early rehabilitative treatment
Injuries must be proved by an expert and joint-expert encouraged
C must send schedule of damages with supporting docs
(Departure permitted but must explain to court why)
Issuing Pt.7 claim
Claim form brought (limitation stops) Pay issue fee Form stamped/issued Claim number allocated Court opens file Must contain a statement of truth Response pack enclosed (AS, Admission, D&CC forms)
Claims commenced in:
CC Money in Count Court Money Claims Centre in Salford
<£100k money through Money Claims Online
CC non-money - any civil hearing centre
HC - QBD/ChD or any District Registry
Issuing Pt.8 claim
States that Part 8 applies
Question that court to decide
Remedy sought (w. legal basis)
Detail of enactment if claiming an entilement
Written evidence at same time as claim form
PoC not required
Service Heirarchy
Personal service required by legal provision OR court order?
Solicitor instructed that authorised to accept?
Contract/Specified address?
C’s choice…
Place of Service (individual)
Usual or last known address
Place of Service (sole trader)
Usual or last known address of individual OR of business
Place of Service (partnership)
Last known residence of the individual OR
last known place of business of the partnership OR
Principal office of the Partnership OR
any place of business of the partnership within the jurisdiction which has a real connection with the claim
Place of Service (LLP)
Principal Office OR
any place of business within jurisdiction which has a real connection with the claim
Place of Service (EW non-company Corporation)
Principal office of the corporation OR
any place within the jurisdiction where the corporation carries out its activities and which has a real connection with the claim
Place of Service (Company EW regd.)
Principal Office of the Company OR
any place of business within the jurisdiction which has a real connection with the claim
Place of Service (Any other company)
Any place within the jurisdiction where the corporation carries out its activities OR
Any place of business of the company within the jurisdiction
Companies Act service
2nd class ok
Only rebuttable presumption of service
Deemed date ‘in ordinary course of posting’
Last Known Address
Where reason to believe that no longer resides:
- reasonable steps to ascertain new address
- if find then must use
- if find better, but not D’s, then must apply to court for alt service
- if not then can serve at last known
Personal service
Individual - to D
Company - to person in Senior Position
Partnership - to partner or manager
DX service
Only where details specified in address for service OR
Writing paper of party sets out DX
AND not been told unwilling
Electronic Service
Only where previously indicated in writing that willing AND provided details (email on headed paper not enough unless specifically stated to be used)
For email must check size and format limits
Service on a child
Through parents/guardian/adult with whom resides OR attorney appointed by court of protection if also a protected party
Approval of settlements agreed with litigation friend (no proceedings)
Part 8 application inc. - Details of settlement - Opinion of counsel - Details of admission of liability - Age and occupation of Child/PP - Litigation Friend's approval - Copy of financial advice obtained PLUS for PI: - Details of injury - Medical and Quantum reports - Schedule of past/future loss - Evidence of reports in criminal proceedings - Details of any prosecution
Approval of settlements agreed with litigation friend (extant proceedings)
Interim app for court approval w.
- Details of settlement
- Draft consent order
- Opinion on merits of settlement by counsel/solicitor for C
- Financial advice
- Documentary evidence
Service on Bankrupt
Trustee in Bankruptcy UNLESS PI or defamation
Proceedings only w. court permission
Bankrupt cannot make applications