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Dispute Resolution > 2. Claims > Flashcards

2. Claims Flashcards

1
Q

What is ‘Service’ of Court Documents?

A

Service of Court Documents is once one of the prescribed steps to notify a person of Court Documents has been completed.

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2
Q

What are the possible prescribed steps to give ‘Service’?

A
  1. Postal Service (Where first class or Next Day)
  2. Document Exchange (A private b2b version of postal service)
  3. Fax or Email
  4. Personal Service (Where directly given to Claimant alongside a general explaination of the documents)
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3
Q

When are the steps classed as being taken?

A

Post / Document Exchange - Step Completed once posted

Fax / Email - Step Completed once Sent

Personal Service - Step Completed once given

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4
Q

Who Serves other Claim Documents?

A

Whoever produced them. Thus documents produced by the Court will be served by the Courts, and documents created by a party will be served by that party.

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5
Q

Who Serves Claim Forms?

A

Claim forms are served by the Court, unless the claimant opts to serve

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6
Q

Where should the Documents be served to?

A

In the first intance, the nominated address.

If there is no nominated address, then it goes to the individuals residence (or last known residence) or the principal business location (or last known location.)

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7
Q

Who Should the Documents be served too?

A

In the first intance, Nominated Solicitors.

If there is no Nominated Solicitor:

Partnerships - To Partner or Senior Manager

Company - To someone with a senior position

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8
Q

When must one of the steps to give service be taken after the claim form has been issued by the Court?

A

One of the steps required to serve must be taken before 12pm 4 months from the date of issue.

For example, if the form was issued on the 1st of Febuary, a step (such as sending an email) must be taken by 11:59pm of the 1st of June.

NB:If the claim form is being served outside the jurisdiction of England and Wales, this is extended to 6 months from the date of issue.

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9
Q

How long does the claimant have to serve the Particulars of Claim after the Claim form has been served?

A

The Particulars of Claim must be served within the earlier of:

  1. 14 days within the Service of the Claim Form
  2. Within the latest time of serving the claim form (ie 4 months from issuing.)
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10
Q

How long does a defendant have to file a response to the particulars of claim?

A

The Defendant can directly file a response to the particulars of claim within 14 days.

	Or

The defendant can file an acknowledgement of Service within 14 days, which allows them 28 days from the particulars of claim date to file a defence. - This is the most usual case as it buys more time.

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11
Q

When are Claim Forms classed as being ‘Served’ after one of the steps of service have been complete?

A

Deemed to be served on the second business day after the service step has been complete.

This does not include Saturday, Sunday, Good Friday, Bank Holidays or Christmas Day.

So if the service step was completed (ie an email being sent) on the Thursday before good Friday, it will be classed as being served on the following Wednesday. This is because the day of the service step does not count, Good Friday - Saturday - Sunday - Easter Monday do not count, Tuesday is the first day, Wednesday is the second day.

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12
Q

When are Documents other than the Claim Form classed as being ‘Served’ after one of the steps of service have been complete?

A

Personal / Fax or Email:
If done before 4:30pm on a business day, deemed to be served that day.

If done after 4:30pm, deemed to be served on the next business day.

First Class Post / Document Exchange
if done on a business day, deemed to be served on the second day after posting.

If not don’t on a business day, the next business day is deemed the date of service.

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13
Q

What are the three ways a defednant may actively respond to Particulars of Claim:

A
  1. Filing a Defence
  2. Filing an Acknowledgment of Service, and then defence.
  3. Making an Admission
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14
Q

When must cases be heard in the County Court?

A

If the matter is below £50,000 for Per Injury Claims, or £100,000 for Contract Claims, it cannot be started in the high Court

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15
Q

How are Proceedings begun?

A

The First Step is sending the Claim form to the Court

The Court will then issue proceedings by giving the form a Unique Claim Number, Dating it, and putting the Courts Seal on it.

Then, the issued claim form must be served on the defendant along with the full details of the claim, called the particulars of claim.

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16
Q

What must a Statement of Truth Include?

A
  1. That the Claimant believes the facts are true
  2. That the Claimant understands proceedings for Contempt of Court may be brought if untrue.
  3. That the Solicitor is authorized to sign the Statement of Truth
17
Q

What must the Solicitor do before singing the Statement of Truth?

A
  1. Get the clients authorisation
  2. Confirm that the client believes the facts are true

. Explain the consequences to the client if they was not honest

18
Q

What is the link between limitation periods and serving of court documents?

A

The Limitation period presecribes that claims must be issued by the Court within a certain amount of time.

Then, after being issued by the Court, it must be served within a certain amount of time.

19
Q

What is a important rule to remember when serving via email?

A

To serve anyone via email, you must have their agreement to be served via email. And , if they agreed but provided more than one email you cannot send there.

20
Q

What are the 3 divisions of the High Court?

A

The Kings Bench Division - Contract and Tort

The Chancery Division - Typically hears business or property disputes

Family Court

21
Q

Can a case go to the County Court if over £100,000

A

Yes, the Court can refer to county court if they feel it is appropriate

22
Q

What Specalist Courts does the Chancery Division have?

A
  1. The Insolvency and Companies Court (Actions against Bankrupt)
  2. The Intellectual Property and Enterprise Court
  3. The Patents Court
23
Q

What Specalist Courts does the Kings Bench Division have?

A
  1. The Adminstrative Court (Cases against public bodies)
  2. The Admiralty Court (Shipping)
  3. The Commerical Court (Usually international in nature)
  4. The Mercantile Court / Circuts Commerical Court
  5. The Technology and Construction Court
24
Q

Can the cause of action be added to or amended before being served?

A

Yes, and the Courts permission is not required

25
Q

Can the cause of action be added to or amended after service?

A

Yes, if there is written consent of all other parties to the action and the Permsion of the Court.

26
Q

Who can make an application to add, remove, or substitute a party?

A
  1. An Existing Party
  2. A person who wishes to become a party
  3. The Court can itself
27
Q

What documents must be filed with the Court to apply to add, remove, or substitute a party?

A
  1. The Application Notice
  2. An amended copy of the claim form and particulars of claim
  3. If a claimant is being added, their written consent.
28
Q

What are the grounds of application for substituting a party if within the original limitation period?

A
  1. DESRIABLE so all matters in dispute can be resolved
  2. DESERIABLE - There is an issue involving an existing party and a new party that can be resolved in Court
29
Q

What are the grounds for application for substituting a party if the original limitation period has expired?

A
  1. New Party is being substituted for a party who was named in mistake of the new party
  2. The claim cannot continue unless new party is added or substituted
  3. The original party has died or had bankruptcy, and liability is with new party.
30
Q

What are the 2 grounds a Judgement in Default can be Challenged under?

A

Mandatory - If a criteria is met, the Court must set aside the Judgement in Defult.

Discretionary - if a criteria is met, the Court may use its discretionary powers to set aside the Judgment.

31
Q

What are the two grounds for a Mandatory setting aside of the Judgement in default?

A
  1. The defendant did respond within the deadline
  2. The defendant settled and paid the claim prior to Judgement
32
Q

What are the 2 grounds for a Discretionary setting aside of the Judgement in Defult?

A
  1. The defenand has a real propsect of defending the claim
  2. There is good reason why they should be allowed to defend (ie in hospital or abroad when served)

BUT THE DEFENDANT MUST HAVE APPLIED PROMPLTY UPON RECIPEPT OF JUDGEMENT IN DEFULT!

33
Q

What are the 2 ways a claimaint can voulnatirly bring an end to proceedings?

A
  1. Discontinuance
  2. Settlement
34
Q

What steps does the claimaint need to make to discontinue all or part of their proceedings?

A
  1. File and serve a discontinuance of service on all parties.
  2. Get written consent from all other claimaints, which should be attached to the notice.

If the other parties do not consent, you must apply to the court for permission.

35
Q

What penalties does the claimaint face for discontinuing?

A

Liable to pay the defendants cost on the standard basis.

36
Q

When are the proceedings deemend to be discontinued?

A

As soon as the notice is served on all the parties.

37
Q

What are the 2 ways of reaching a settlement ?

A

The parties can agree to end proceedings by reaching a settlement.

  1. A consent order - a contract in which the claimant agrees to terminate the proceedings in exchange for a settlement sum. If the conset order is breached, a new set of proceedings based on breach of contract must be entered.
  2. A tomlin order - a court order that the claim is stayed or paused on terms agreed by the parties, avoiding the need to issue a new set of proceedings if breached.
38
Q

What is the relevent time periods for disputing the Courts Juristiction.

A

As we know the defendant has 14 days to file an acknowledgment of service. They must indicate here that they do not belive the Courts of England and Wales has Jursitiction to hear the claim.

  1. The defendant then has 14 days from filing the acknowledgment of service to make an application to the Court disputing jurisdiction.

(If the defednats fails to do this within 14 days, it will be presumed the defendant agrees and must file a defence)

  1. If the court rejects the defendants application , the defendant will have to file a new acknowledgment of service within 14 days of the court dismissing the application.

Dispute Resolution (6 decks)

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