Starting a claim

Question 1

What is the overriding objective of the CPR?

Answer 1

Enabling the court to deal with cases justly and at proportionate cost.

Question 2

Name 5 of the Court’s management powers under

CPR 3

Answer 2

The power to:

-Extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired);

-adjourn or bring forward a hearing;

-require a party or a party’s legal representative to attend the court;

-hold a hearing and receive evidence by telephone or by using any other method of direct oral communication;

-direct that part of any proceedings (such as a counterclaim) be dealt with as separate proceedings;

-stay the whole or part of any proceedings or judgment either generally or until a specified date or event;

• consolidate proceedings;

-try two or more claims on the same occasion;

-direct a separate trial of any issue;

-decide the order in which issues are to be tried;

-exclude an issue from consideration;

-dismiss or give judgment on a claim after a decision on a preliminary issue;

-order any party to file and exchange a costs budget;

Question 3

3 limbs

When will the Court strike out a statement of case?

CPR 3.4

Answer 3

-No reasonable grounds for bringing or defending the claim;

-Abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings;

-Failure to comply with a rule, practice direction or court order.

Question 4

What is the general rule on who will serve the Claim form?

CPR 6.4

CPR 6.4

Answer 4

The court will serve the claim form

Question 5

Where should a claim form be served on an individual?

CPR 6.9

CPR 6.9

Answer 5

At their usual or last known residence.

Question 6

Where should a claim form be served on an individual being sued in the name of a business?

(CPR 6.9)

(CPR 6.9)

Answer 6

At their usual or last known residence of the individual; or

principal or last known place of business.

Question 7

Where should a claim form be served on an individual being sued in the name of a partnership?

(CPR 6.9)

Answer 7

-At the usual or last known residence of the individual;

-principal or last known place of business of the partnership.

Question 8

Where should a claim form be served on a LLP? (CPR 6.9)

(CPR 6.9)

Answer 8

At the principal office of the partnership; or any place of business of the partnership within the jurisdiction which has a real connection with the claim.

Question 9

Where should a claim form be served on a Limited Company? (CPR 6.9)

(CPR 6.9)

Answer 9

At the principal office of the company; or any place of business of the company within the jurisdiction which has a real connection with the claim

Question 10

When will a claim form be deemed to be served? (CPR 6.14)

(CPR 6.14)

Answer 10

On the second business day after completion of the relevant step under rule

Question 11

When will personal service of a document other than a claim form be effective? (CPR 6.17)

PR 6.17

Answer 11

On the date of personal service

Question 12

What is the rule on how many claims can be started at once? (CPR 7.3)

CPR 7.3)

Answer 12

A claimant may use a single claim form to start all claims which can be conveniently disposed of in the same proceedings.

Question 13

When particulars of claim are served on a defendant, whether they are contained in the claim form, served with it or served subsequently, they must be accompanied by which three forms?

Answer 13

A form for defending the claim;
A form for admitting the claim; and
A form for acknowledging service.

Question 14

IT’S THE MORE SIMPLE TYPE OF CLAIM:

When may a part 8 claim be used?

Answer 14

When a party seeks the court’s decision on a question which is unlikely to involve a substantial dispute of fact

Question 15

(THE SIMPLER CLAIM) ,

Where a claimant starts a part 8 claim what must the form provide?

Answer 15

(i) the question which the claimant wants the court to decide; or
(ii) the remedy which the claimant is seeking and the legal basis for the claim to that remedy;
(c) if the claim is being made under an enactment, what that enactment is;

Question 16

What must a defendant to a part 8 claim (the simpler claim) do, and by when?

Answer 16

Serve an acknowledgment of service on the other party within 14 days

Question 17

THINK DEFENDANT

What must a defendant’s acknowledgement of service to a part 8 (the simpler claim) claim state?

Answer 17

a) Whether the defendant contests the claim; and

b) If the defendant seeks a different remedy from that set out in the claim form, what that remedy is.

Question 18

To support a Part 8 claim, what must a claimant file with the claim form?

Answer 18

(1) The claimant must file any written evidence on which he intends to rely when he files his claim form.
(2) The claimant’s evidence must be served on the defendant with the claim form.

Question 19

A defendant who wishes to rely on written evidence must:

Answer 19

-file it when he files his acknowledgement of service.
-Serve a copy of his evidence to the other parties.

Question 20

PART 20 TO ADD A THIRD PARTY

Can a party in a Part 8 claim add other parties in accordance with Part 20?

Answer 20

Yes, but only with the Court’s permission. This is because, in Part 8 proceedings, the parties involved are typically limited to the claimant and the defendant, and there is no provision for the addition of further parties.

Question 21

What is the consequence of a Defendant failing to file an acknowledgment of service within the requisite time period in a Part 8 claim?

Answer 21

The defendant may attend the hearing of the claim but may not take part in the hearing unless the court gives permission.