Unit 3 & 4

Question 1

What’s the CPR for a method of service: personal service?

Answer 1

r.6.5(3)(a) - leave it with the person
r6.5(3)(c) - partnership - leave it with person in control or with partner
r.6.5(3)(b) - company - leave it with D, chief executive (someone who holds a senior position).
s1139(1) CA 06 - limited company - can be left or posted to the RO.

Question 2

What’s the CPR for a method of service: First Class post?

Answer 2

None
Day starts counting on the next working day.
Second class or any other methods is N/A.
s1139(1) CA 06 - company limited company - can be left or posted to RO and 2nd class is available.

Question 3

What’s the CPR for a method of service: DX?

Answer 3

Para 2.1, PD 6A - if party provided the DX box number as a form of address.

Question 4

What’s the CPR for a method of service: Leaving it on a specified place?

Answer 4

No CPR - should be delivered by hand

Question 5

What’s the CPR for a method of service: Fax or other electronic method?

Answer 5

Para 4, pD6A - should be stated expressly
Para 4.2, PD6A - if party wants to serve the claim form via electronic means, should clarify whether the receiving party has any limitations on receiving this.

Question 6

Who should be served the claim form?

Answer 6

Claimant should authorise this first but under CPR 6.7
Solicitor can accept the service if the D was given in writing that the form will be served on the solicitor’s address instead or their acting for the D.

Question 7

Where can you serve the claim form if the D did not provide an address for service?

Answer 7

CPR 6.9 - C can serve the claim form on any of the permitted methods. R6.15(2) allow courts to order an alternative method.

Question 8

Where can the C serve the claim form if the D’s address is unknown or not provided?

Answer 8

• Last place known residence, last place known of business, main office of the corporation, company or partnership which has a real connection with the claim or any other corporation that is within the jurisdiction and carries out the activities.

Question 9

What is the deemed service of the claim form?

Answer 9

r6.14 - deemed on the 2nd business day after the relevant step has been completed.

Relevant step such as date of postage or when it is delievered.

Question 10

What does business day mean?

Answer 10

Any day except Saturday, Sunday, bank holiday, Good Friday or Christmas day

Question 11

What is the deemed service for other documents if it is handed by personal service?

Answer 11

If served by hand before 4:30 pm - document delivered on that day.
If it is past 4:30 pm - delivered the next business day(next day).

Question 12

What is the deemed service for other documents if it is handed by 1st class post and DX?

Answer 12

2nd day after it was posted/left or delievered provided that this day is a next business day. If not, then it will be dated on the next business day after that.

Question 13

What is the deemed service for other documents if it is handed by fax?

Answer 13

Sent or delivered by 4:30 pm on the day.

If not, it will be the next business day.

Question 14

What is the deemed service for other documents if it is handed by other electronic method?

Answer 14

Should be sent or delivered by 4:30pm.

If not, it will be the next business day.

Question 15

When should the particulars of claims be served?

Answer 15

same time or 14 days after the claim form has been served - Para 6.1, PD7A.

Question 16

What are the 4 options a D can do once they have been served the POC?

Answer 16

1. Admit the claim
2. File an acknowledgement of service
3. File a defence
4. Do Nothing

Question 17

what’s the CPR for D’s option of acknowledgement of service if the CF was followed by the POC after?

Answer 17

CPR 10.3(1)(a) - D has 14 days of deemed service of the POC - wait for POC and draft or complete Form N1C.

Question 18

What’s the rule for D to file an acknowledgement of service if the documents were served after the CF?

Answer 18

CPR 10.3(1)(b) - D has 14 days after the service of CF to acknowledge and complete the Form N9 which is a response pack.

Question 19

What’s the CPR for D to do once they have acknowledged the service?

Answer 19

CPR 15.4(1)(b) - D has 28 days after the deemed service of POC to file their defence.
If the time expires to file a D, C can apply for a default judgement under CPR 12.3(2).

Question 20

what’s the CPR if D wants to file for a Defence?

Answer 20

CPR 15.

Question 21

If D wants to file a defence, when should they file a defence?

Answer 21

CPR 15.4(1)(a) - D has 14 days within the deemed service of POC to file a defence.
If D had filed an acknowledgement of service, D has 28 days within the deemed service of the POC to file a defence under CPR 15.4(1)(b).

Question 22

If wishes to do nothing after CF and POC have been served, what happens?

Answer 22

If the time to file a defence or serve an acknowledgement of service has passed, AOS - CPR 10.2 and 10.3. Defence - CPR 15.4(1)(a&b).

C can apply for a default judgment under CPR 12.3.

Question 23

What’s the clear days rule?

Answer 23

CPR 2.8 - it would be business days and the day after the event.

Question 24

What’s the CPR for a default judgement?

Answer 24

CPR 12.3 - if D fails to respond to service on C’s POC by failing to provide an acknowledgement of service, file a defence or relevant time for doing either one this has passed.

Question 25

What's the procedure for filing a default judgement?

Answer 25

PPOC should be served, D has not filed an AoS or Defence, D has not satisfied the claim or not admitted liability for the full amount.

Question 26

What are the grounds for a default judgement or for a default judgement to be set aside?

Answer 26

Discretionary - R13.3(1) D has a real prospect of successfully defending the claim or there's another reason why the default judgement should be set aside or D should be able to defend the claim.

Question 27

What's the mandatory ground for a default judgement?

Answer 27

CPR 13.2- Courts have the discretion to set aside a wrongly entered default judgement before D's application deadline for AoS or Defence has not passed. Interim Cost - C would need to pay for D's application costs.

Question 28

What's the interim costs for the discretionary grounds on default judgement?

Answer 28

D has a real prospect of successfully defending the claim - D would need to pay for C's application cost because they would not have made the application if the D did not miss their deadline.

Question 29

What's a statement of case?

Answer 29

``` CPR 2.3 - Formal documents required by the parties: Claim Form Particulars of Claim Defence Counter Claim - sometimes ```

Question 30

What's the rule for drafting a statement of case?

Answer 30

Para 13.3, PD16 - POC and Defence, parties can state any point of law, refer or state any witnesses they are going to rely on and attach or serve a copy of the documents that may support their claim or defence like an expert report.

Question 31

What PD states the details that a POC should have?

Answer 31

PD16

Question 32

What should a POC have and what's the CPR?

Answer 32

CPR 16.4(1) - POC should: - have concise statements of the facts of what the C relies on. - If C is seeking interest, details on this should be set out.

Question 33

What's the formalities of a POC and Defence?

Answer 33

- Para 2.2(5): should be numbered paragraphs - Para 6.7.4(3) QBD Guide: each para should only contain ONE allegation - Para 6.7.4.(4) QBD Guide: events should be placed in chronological order - Para 6.7.4(6) QBD Guide: allegation should be outlined first then listed in sub para. - Para 2.2(6), PD5A: have all the numbers in figures and dates. - Para 6.7.4(9): If POC used definition, Defence should use the same.

Question 34

What's the structure and CPR/PD for drafting a defence?

Answer 34

1. R16.5(1) - each allegations should be addressed whether they are admitted, denied or not admitted. 2. Each allegation per para. - R6.7.4(6): allegations should be stated first then followed by numbered paras. R6.7.4(5) - answer each point made in the POC. 3. If allegation is denied, provide an explanation: R16.5(2). If each point is outlined, then one point may be denied whilst the other point may be admitted. 4. Para 13.1, PD16 - limitation period must be outlined 5. Para 10.7, PD16 - D's DOB must be stated unless it has already been stated. 6. Para2.1, PD5A - Defence should be signed by firm 7. Statement of truth - Para 3.4, PD16 or Para 2.1, PD22. 8. R16.5(8): should have D's address

Question 35

If the D did not deal with every allegation outlined in the POC in their Defence, what happens?

Answer 35

Assumed that they have admitted to it under CPR16.5(5).

Question 36

What's the rule for a Counterclaim?

Answer 36

Part 20

Question 37

What's a counterclaim?

Answer 37

When D creates allegations against C.

Question 38

What's the procedure for a Counterclaim?

Answer 38

D should file for the particulars of counterclaim alongside defence. Would need court's decision File defence to counterclaim within 14 days

Question 39

What's the CPR for the procedure for a counterclaim?

Answer 39

R20.4

Question 40

What's the rule for the service of a counterclaim?

Answer 40

R20.8

Question 41

What does R20.8 for the service of a counterclaim state?

Answer 41

D should serve it to the other party when he serves defence.