1. Pre-Action and Starting a Claim

Question 1

Relationship between Protocols and the Practice Directions

Answer 1

Specific Protocols displace PDs

Question 2

Purpose of the Protocols

Answer 2

Force parties to share information to get them to settle, or enable quick court proceedings

Question 3

Is there an obligation to consider ADR?

Answer 3

Yes: unreasonable refusal might amount to unreasonable conduct

Question 4

Two reasons for noncompliance with Pre-Action Protocols

Answer 4

Limitation Period about to expire; Element of Surprise

Question 5

Purpose of Letter of Notification

Answer 5

Allow D to notify insurer

Question 6

Deadline for giving a Letter of Response

Answer 6

14 days, 3 months if complex

Question 7

Consequence of issuing in the wrong court

Answer 7

C pays cost of transfer; if case continues in HC when it should have been in CC, HC can deduct costs awarded by up to 25%

Question 8

When is the date of issue?

Answer 8

The date the court stamps the documents with a date, giving the claim a number

Question 9

Claim Form Number

Answer 9

N1

Question 10

How to send docs to HC

Answer 10

Post or in-person

Question 11

Minimum steps to get a claim started

Answer 11

N1 + fee

Question 12

When does time for limitation purposes stop?

Answer 12

When claim is issued

Question 13

How to get a claim issued in CC

Answer 13

N1 + fee to Civil National Business Centre

Question 14

Which CC claims can be issued in Money Claim Online?

Answer 14

Up to GBP 100,000, no more than two defendants.

Question 15

How can D acknowledge service / file defence in money claim online?

Answer 15

Email

Question 16

How can C apply for default judgment or judgment on liability following admission in money claim online?

Answer 16

Online request form

Question 17

How does the court serve the N1?

Answer 17

1st class post, C gets notice of issue with date of service

Question 18

How long does C have to file a certificate of service?

Answer 18

Within 21 days of service

Question 19

What does the certificate of service say?

Answer 19

Date, Method, and Address of Service

Question 20

Response Pack Form

Answer 20

N9

Question 21

When can C get an extension to the 4 month service window?

Answer 21

It was the court that failed to serve N1; C took all reasonable steps to comply; application made promptly

Question 22

How long does C have to complete the relevant step serving the N1?

Answer 22

4 months

Question 23

Do the particulars of claim need to be separate to claim form?

Answer 23

No

Question 24

Relevant step in 1st class post

Answer 24

Posting it

Question 25

Relevant step in DX

Answer 25

Leaving it with DX

Question 26

Relevant Step in Fax

Answer 26

Completing Transmission

Question 27

Relevant step in email

Answer 27

Sending email

Question 28

Which two methods must D consent to?

Answer 28

Fax and email

Question 29

How long does C have to file a copy of the particulars after service?

Answer 29

Within 7 days of service

Question 30

Deemed date of service for claim form

Answer 30

Second business day after completing relevant step

Question 31

Deemed date of service for personal service, fax, email, leaving at permitted address

Answer 31

Same business day if done before 4.30pm; next business day if after

Question 32

Deemed date of service for 1st class post, DX

Answer 32

Second day after posting / leaving if a business day. If not, the next business day after.

Question 33

Consequence of filing deficient statements of case

Answer 33

Cost consequences, have to apply to amend document

Question 34

Statement of case header contents

Answer 34

Court and division, claim number, full name of each party and whether C or D

Question 35

Statement of case formatting

Answer 35

Numbered paragraphs and pages, numbers in figures, statement of truth

Question 36

Consequence of signing a statement of truth you know to be wrong

Answer 36

Contempt proceedings

Question 37

What is the Summary of Relief / Prayer?

Answer 37

Sets out what exactly C seeks

Question 38

When are Part 8 proceedings used, and which statements of case do you need?

Answer 38

When there’s no substantial dispute as to fact. Only need N1.

Question 39

What is the overriding objective?

Answer 39

That courts deal with cases justly and at proportionate cost