Topic 4 - Commencing and Serving Proceedings

Question 1

What must a claimant decide when bringing a claim?

Answer 1

1. Which court to issue the claim; 2. Issue the proceedings in that court.

Question 2

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

Answer 2

• High Court
• County Court

Question 3

What does concurrent jurisdiction mean in the context of the High Court and County Court?

Answer 3

Both courts have jurisdiction over most claims, allowing claimants to choose where to issue their claim.

Question 4

What is the jurisdiction threshold for non-personal injury claims in County Court?

Answer 4

Claims up to £100,000 must be in County Court.

Question 5

What is the jurisdiction threshold for personal injury claims in County Court?

Answer 5

Personal injury claims of less than £50,000 must be in County Court.

Question 6

What should be disregarded when determining the value of a claim?

Answer 6

• Interest
• Costs
• Any counterclaim
• Any contributory negligence
• Any deduction of social security benefits

Question 7

What must be stated if the claim form is issued in the High Court?

Answer 7

The claimant expects to recover more than £100,000.

Question 8

What guidelines are used to decide which court a claim should be brought in?

Answer 8

The claim should be commenced where it is likely to be tried.

Question 9

What are the factors indicating a claim should be started in the High Court?

Answer 9

• Financial value of the claim
• Complexity of the facts, legal issues, remedies or procedures
• Importance of the outcome to the public

Question 10

What happens if the court disagrees with the claimant’s choice of court?

Answer 10

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

Question 11

What are the consequences of incorrectly issuing a claim in the wrong court?

Answer 11

• The court may transfer the case and order the claimant to pay the costs of the transfer
• Costs awarded can be deducted by up to 25% at the court’s discretion.

Question 12

What documents must be taken or sent to court to issue a claim?

Answer 12

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

Question 13

What happens when documents are sent to the High Court for issuing a claim?

Answer 13

The court will stamp the covering letter with the date of receipt.

Question 14

How are County Court money claims primarily issued?

Answer 14

By post in the Civil National Business Centre.

Question 15

What is ‘Money Claim Online’?

Answer 15

An online service for issuing some County Court money claims quickly and cost-effectively.

Question 16

What is the significance of service in court proceedings?

Answer 16

Service is the process of giving a document to another party in a way recognized by the court.

Question 17

Who can effect service of the claim form?

Answer 17

• The court
• The claimant / claimant’s solicitor

Question 18

What is the time limit for serving the claim form after it is issued?

Answer 18

Before 12.00 midnight on the calendar day four months after the date of issue.

Question 19

What methods of service are recognized for the claim form?

Answer 19

• 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

Question 20

What is personal service?

Answer 20

Physically leaving the claim form with a defendant who is an individual or an appropriate person in a company.

Question 21

When is service by fax permissible?

Answer 21

If the defendant or their solicitor has indicated they will accept service by fax.

Question 22

What is the requirement for service by email?

Answer 22

Service by email is permitted only if the defendant or their solicitor has indicated acceptance of email service.

Question 23

What address should be used for service if a defendant provides a solicitor’s address?

Answer 23

Service must be to the solicitor’s address.

Question 24

What happens if the court is unable to serve the claim form?

Answer 24

The claimant will be sent a notice of non-service and must try to serve the claim form on the defendant.

Question 25

What is the relevant step for personal service of the claim form?

Answer 25

Leaving the claim form with the defendant.

Question 26

What is the relevant step for service by post or DX?

Answer 26

Posting the claim form or leaving it with DX service.

Question 27

What is the time limit for serving the claim form after its issue?

Answer 27

Before 12.00 midnight on the calendar day four months after the date of issue of the claim form.

Question 28

What is the relevant step for personal service of a claim form?

Answer 28

Leaving the claim form with the defendant.

Question 29

What happens if the claim form is not served within the time limit?

Answer 29

The claim will fail automatically, and a new claim must be issued.

Question 30

What must a claimant show to apply for an extension of time for service of the claim form?

Answer 30

Good reasons for the extension.

Question 31

True or False: Mistakenly serving the defendant's insurers justifies an extension for service of the claim form.

Answer 31

False.

Question 32

What are the components of the response pack served with the claim form if particulars of claim are included?

Answer 32

* Form for admission * Form for defending * Form for acknowledging service.

Question 33

What is the time frame for serving particulars of claim if not included with the claim form?

Answer 33

Within 14 days of service of the claim form and within the 4-month validity period.

Question 34

What is the deemed date of service for a claim form served by post?

Answer 34

Second business day after posting.

Question 35

What does 'business day' exclude according to CPR 6.2?

Answer 35

Saturdays, Sundays, bank holidays, Good Friday, or Christmas day.

Question 36

What is the deemed date of service for documents served by personal service or email before 4.30pm?

Answer 36

Deemed served the same day.

Question 37

What is Part 8 of the CPR used for?

Answer 37

To seek the court's decision on a question unlikely to involve a substantial dispute of fact.

Question 38

When must a claimant file any written evidence for a Part 8 claim?

Answer 38

At the same time as filing the claim form.

Question 39

What must the acknowledgment of service state according to CPR 8.3?

Answer 39

* Whether the defendant contests the claim * Any different remedy sought.

Question 40

What happens if the defendant does not file an acknowledgment of service?

Answer 40

The defendant may attend the hearing but may not participate unless permitted by the court.

Question 41

Fill in the blank: The claimant must serve the particulars of claim within ______ days of service of the claim form.

Answer 41

14

Question 42

What is the different form used for acknowledgment of service in Part 8 claims?

Answer 42

N210.

Question 43

What is required for a claim form under Part 8?

Answer 43

It must include the question the claimant wants the court to decide.

Question 44

What is the purpose of the response pack (Form N9)?

Answer 44

To provide forms for admission, defending, and acknowledging service.

Question 45

What is the significance of the deemed date of service in litigation?

Answer 45

It is often the date from which important response deadlines are calculated.

Question 46

What is the relevant step for serving a claim form by fax?

Answer 46

Completing the transmission.

Question 47

What must the claimant do if particulars of claim are served separately from the claim form?

Answer 47

Serve them within 14 days after service of the claim form.

Question 48

What must the claim form under Part 8 be verified by?

Answer 48

A statement of truth.

Question 49

What does CPR stand for?

Answer 49

Civil Procedure Rules.

Question 50

What is the time frame for a claimant to file and serve further evidence in reply?

Answer 50

14 days after service of the defendant’s evidence ## Footnote Refer to CPR 8.5(5) and (6) for specific regulations regarding evidence.

Question 51

How is written evidence typically provided in part 8 claims?

Answer 51

By witness statement, with relevant documents exhibited ## Footnote This is the standard procedure for submitting evidence in part 8 claims.

Question 52

What happens if a party does not serve evidence in accordance with CPR 8.5?

Answer 52

The party cannot rely on written evidence at the hearing unless the court gives permission ## Footnote This is outlined in CPR 8.6.

Question 53

True or False: Oral evidence is normally given at part 8 hearings.

Answer 53

False ## Footnote Oral evidence is not typical; however, the court can allow it under CPR 8.6(2).

Question 54

What must the parties do to agree on an extension of time for the defendant to file and serve evidence?

Answer 54

File the agreement at court when filing the acknowledgment of service ## Footnote This is specified in CPR 8.5(9).

Question 55

What is the maximum extension period for the claimant to file and serve further evidence in reply?

Answer 55

28 days after service of the defendant’s evidence ## Footnote This is part of the agreement process outlined in CPR 8.5(9).

Question 56

What can a party apply to the court for under CPR 8.5(8)?

Answer 56

An extension of time to file and serve its evidence ## Footnote This applies when parties cannot agree on an extension.

Question 57

What must a defendant show to object to the use of the part 8 procedure?

Answer 57

There is a substantial dispute of fact and the procedure is not required or permitted ## Footnote This is outlined in CPR 8.8.

Question 58

What happens if the court finds that a substantial dispute of fact exists?

Answer 58

The claim may continue as if the claimant had not used the part 8 procedure ## Footnote This is stated in CPR 8.1(4).

Question 59

Fill in the blank: The part 8 procedure is not a complete stand-alone procedure and the general _______ provisions also apply.

Answer 59

CPR ## Footnote This is important for understanding the framework of the procedure.

Question 60

List the general rules modified for a part 8 claim.

Answer 60

* Different claim form compared to part 7 procedure * Defendant not required to file a defence (CPR 8.9(a)(ii)) * No particulars of claim required (CPR 8.9(a)(i)) * Judgment in default not available (CPR 8.1(5)) * Claim allocated to multi-track (CPR 8.9(c)) * No usual disclosure of documents * No normal oral evidence at the part 8 hearing ## Footnote These modifications are essential for understanding the part 8 claim process.