1. Pre-Action and Starting a Claim Flashcards
Relationship between Protocols and the Practice Directions
Specific Protocols displace PDs
Purpose of the Protocols
Force parties to share information to get them to settle, or enable quick court proceedings
Is there an obligation to consider ADR?
Yes: unreasonable refusal might amount to unreasonable conduct
Two reasons for noncompliance with Pre-Action Protocols
Limitation Period about to expire; Element of Surprise
Purpose of Letter of Notification
Allow D to notify insurer
Deadline for giving a Letter of Response
14 days, 3 months if complex
Consequence of issuing in the wrong court
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%
When is the date of issue?
The date the court stamps the documents with a date, giving the claim a number
Claim Form Number
N1
How to send docs to HC
Post or in-person
Minimum steps to get a claim started
N1 + fee
When does time for limitation purposes stop?
When claim is issued
How to get a claim issued in CC
N1 + fee to Civil National Business Centre
Which CC claims can be issued in Money Claim Online?
Up to GBP 100,000, no more than two defendants.
How can D acknowledge service / file defence in money claim online?
How can C apply for default judgment or judgment on liability following admission in money claim online?
Online request form
How does the court serve the N1?
1st class post, C gets notice of issue with date of service
How long does C have to file a certificate of service?
Within 21 days of service
What does the certificate of service say?
Date, Method, and Address of Service
Response Pack Form
N9
When can C get an extension to the 4 month service window?
It was the court that failed to serve N1; C took all reasonable steps to comply; application made promptly
How long does C have to complete the relevant step serving the N1?
4 months
Do the particulars of claim need to be separate to claim form?
No
Relevant step in 1st class post
Posting it
Relevant step in DX
Leaving it with DX
Relevant Step in Fax
Completing Transmission
Relevant step in email
Sending email
Which two methods must D consent to?
Fax and email
How long does C have to file a copy of the particulars after service?
Within 7 days of service
Deemed date of service for claim form
Second business day after completing relevant step
Deemed date of service for personal service, fax, email, leaving at permitted address
Same business day if done before 4.30pm; next business day if after
Deemed date of service for 1st class post, DX
Second day after posting / leaving if a business day. If not, the next business day after.
Consequence of filing deficient statements of case
Cost consequences, have to apply to amend document
Statement of case header contents
Court and division, claim number, full name of each party and whether C or D
Statement of case formatting
Numbered paragraphs and pages, numbers in figures, statement of truth
Consequence of signing a statement of truth you know to be wrong
Contempt proceedings
What is the Summary of Relief / Prayer?
Sets out what exactly C seeks
When are Part 8 proceedings used, and which statements of case do you need?
When there’s no substantial dispute as to fact. Only need N1.
What is the overriding objective?
That courts deal with cases justly and at proportionate cost
