2. Commencing and Responding to a Claim

Question 1

Within what time limit must a defendant respond to a claim after the date of deemed service of the Particulars of Claim, where it is not included with the claim form?

Answer 1

14 days

Question 2

What is the deemed date of service for first class post, services with next day delivery, and document exchange, where Particulars are not included with the claim form?

Answer 2

The second day (as long as it is a business day) after it was posted, left with, delivered to, or collected by the relevant service provider. If not a business day, then the next available business day

Question 3

What is the deemed date of service for personal delivery, fax, electronic service, and personal service, where Particulars are not included with the claim form?

Answer 3

On the business day it is left at the address, transmitted, or served personally if this is before 4.30pm. If not, the next business day

Question 4

What are the three things a defendant can do in their response?

Answer 4

1. Admit the claim
2. File and serve a defence to the claim, and possibly a counterclaim
3. Acknowledge service and indicate they propose to defend the claim

Question 5

How can the time limit to respond with a defence be extended, and what is the maximum extension?

Answer 5

By agreement of the parties. For a further 28 days but not to exceed 56 days in total from the date of deemed service of the Particulars of Claim, including the extra 14 days from filing the Acknowledgement.

Question 6

What happens if the defendant admits the whole claim, and the amount at issue is a specified sum?

Answer 6

The court will issue a judgment on liability and decided damages in the same hearing.

Question 7

If a defendant admits a claim in the protocol, what is the monetary threshold below which such an admission will be binding?

Answer 7

£25,000

Question 8

What will the court do if the claim is for an unspecified amount?

Answer 8

court enters judgment but stays the case and damages decided in a later hearing.

Claimant applies to enter judgment within 14 days from notice to admit.

Question 9

What must the defendant do if they admit only part of a claim?

Answer 9

They must file a defence for the part in dispute and not for the remainder of the claim.

Question 10

What does it mean when a defendant admits liability but disputes quantum?

Answer 10

They accept responsibility for the breach, accident or event, but deny that it caused injury, damage, or loss to the extent claimed by the claimant

Question 11

If a defendant wishes to withdraw an admission, what five things will the court consider in determining whether to grant permission for this?

Answer 11

1. Prejudice to the parties
2. Reasons the admission was made
3. Stress the party was under when they made the admission
4. Interests of the public
5. The timing of the application of the application to withdraw

Question 12

In a personal injury, clinical negligence, and disease/illness claim, if the defendant wishes to withdraw an admission that came after a letter of claim, one of what two things are required?

Answer 12

1. Consent of the person to whom the admission was made, or
2. With court permission, if after commencement

Question 13

Deadline for D to defend the claim?

Answer 13

within 14 days of service of the DDS of Particulars of Claim

Question 14

Deadline for D to defend a claim if acknowledged?

Answer 14

28 days from the DDS of POS.

Question 15

What three things can the defendant achieve on the Acknowledgement of Service form?

Answer 15

1. Indicate intention to dispute, but claim additional 14 days to file defence.
2. Admit some of the claim but ask for time to pay
3. Dispute the jurisdiction of the court

Question 16

What type of defendants will the above time limits not apply to?

Answer 16

Defendants outside the jurisdiction

Question 17

What can the claimant do if the defendant files neither a defence nor an Acknowledgement of Service within 14 days, and there has been no extension agreed?

Answer 17

Claimant can make a claim for summary judgment

Question 18

What does it mean under the CPR when references to “day” or “days” is “clear day” or “clear days”?

Answer 18

As a default, the day on which the period begins is not included in the count. Further, if the end of the period is defined by reference to an event, the day on which that event occurs, is also not included

Question 19

What happens if a time limit will expire on a day the court office is closed?

Answer 19

The time limit will be deemed to expire at the end of the next day on which the court office is open

Question 20

To reiterate, the date of deemed service of what document is the starting point for calculating when the defence is due?

Answer 20

Particulars of Claim

Question 21

If the claimant wishes, what two things can they apply for when the defendant files an Acknowledgement of Service?

Answer 21

1. Summary judgment
2. Interim payment

Question 22

If the defendant disputes jurisdiction and has indicated such on the Acknowledgement of Service, what must they not do until the application is heard, and why?

Answer 22

They must not file a defence, as this may be deemed to be submitting to the court’s jurisdiction

Question 23

What are the four ways in which a default judgment could have been wrongly entered?

Answer 23

1. Judgment entered too early
2. Application for judgment came after an application by defendant to strike out/dismiss the claim, and this application hasn’t yet been considered
3. Claim already paid or settled
4. Defendant already submitted a request to pay which has not yet been considered

Question 24

What if D files a full defence?

Answer 24

litigation will proceed as a contested matter.

Question 25

What is the purpose of default judgment?

Answer 25

administrative procedure where D fails to respond to a claim in time.

Question 26

What is the test for default judgment?

Answer 26

D properly served + no acknowledgement OR defence + deadline expired.

Question 27

What are the exception to the test of default judgment?

Answer 27

CPR Part 8 claims + if D has filed for summary judgment.

Question 28

What is the procedure to enter default judgment for money remedies (specified & unspecified)?

Answer 28

Claimant enters judgment.

Specified: enter judgment on liability + decide damages in same hearing as matter proceeds to immediate enforcement..

Unspecified: enter judgment + damages decided in later hearing.

Question 29

What is the procedure to enter default judgment for non-monetary remedies?

Answer 29

Claimant enters judgment.

file application + supporting evidence + court fee.

Question 30

What is the procedure to setting aside default judgments?

Answer 30

Defendant sets aside judgment.

file application + supporting evidence + court fee.

Question 31

What are the mandatory grounds to setting aside default judgments?

Answer 31

Court is obliged to set aside a default judgment if it was wrongly entered.

Question 32

What are the discretionary grounds to setting aside default judgments?

Answer 32

Court has the discretion to set aside a default judgment if D has a real prospect of successfully defending the claim; OR there is some other compelling reason.

Question 33

What orders may the court grant to setting aside a default judgment?

Answer 33

dismiss the application + set aside + vary + impose conditions.

Question 34

What are the cost implications in setting aside a default judgment?

Answer 34

defendant does not generally recover its costs from the claimant.

Question 35

What is the purpose of discontinuance?

Answer 35

allows the claimant to bring all or part of the proceedings to an end.

Question 36

What must C do to discontinue proceedings?

Answer 36

C must file a notice of discontinuance with the court + serve it on all parties.

Part of a Claim: identify the part being discontinued.
Multiple Ds: C can discontinue against some or all defendants.

Question 37

Is permission needed for discontinuance?

Answer 37

only needed if the court has granted an injunction or the parties have given an undertaking to the court.

Question 38

What are the cost implications in discontinuance?

Answer 38

presumption that C will pay D’s costs incurred up to date it was served notice of discontinuance.

Question 39

How can parties settle pre-issuing of proceedings?

Answer 39

may be recorded either by letter or in a formal agreement.

Question 40

How can parties settle post-issuing of proceedings?

Answer 40

terms of a settlement must be recorded in a formal court order or, if the parties require confidentiality or the imposition of terms beyond the powers of the court, in a Tomlin order

Question 41

When can D dispute jurisdiction?

Answer 41

14 days after acknowledgment to dispute jurisdiction – if not, they are treated as having submitted to the jurisdiction.

Question 42

What is the effect of the court refusing a dispute of jurisdiction by D?

Answer 42

original acknowledgment ceases to have effect and D must refile within 14 days for proceedings to continue.

Question 43

How does a claimant start a legal action?

Answer 43

Creating a claim form with a brief statement of the nature of the claim + remedy (statement of value).

Question 44

What eight things must a claim form contain?

Answer 44

1. Names/addresses of parties
2. Details of claim
3. Remedy sought
4. Values
5. Claimant’s preferred court
6. Fees and costs
7. Particulars of claim
8. Statement of truth

Question 45

What is considered a full name for the purposes of the claim form for (1) an individual, (2) an individual carry on business a sole trade, (3) a general partnership, and (4) a limited partnership or company?

Answer 45

1. Individual: full unabbreviated name
2. Individual carrying on business: full unabbreviated names with their trading as name
3. General partnership: Full name of partnership and every partner

Question 46

What is the name given to a claim for a specified sum?

Answer 46

A debt claim

Question 47

If the claim is for an unspecified amount in County Court, what must the claimant state on the claim form?

Answer 47

What range they expect to recover in, for the purposes of and using the same ranges as allocating to a track

Question 48

What will a claim for damages always be, even if the claimant is able to itemise their loss in great detail?

Answer 48

An unspecified claim

Question 49

If the claim is for an unspecified amount in the High Court, one of what two things must the claimant state on the claim form?

Answer 49

1. That the claimant expects to recover more than £100,000 (£50,000 for personal injury), or
2. Details of the statute that provides the claim may be commenced in the High Court

Question 50

In estimating value of a claim, what should the claimant focus on and what should they disregard?

Answer 50

Focus on: What they are claiming for damages

Disregard: Interest, costs, contributory negligence, any counterclaim

Question 51

What are the two court fees and what are the thresholds for each to apply?

Answer 51

Case over £10,000 but less than £200,000: 5% of claim value
Claims over £200.000: Fixed fee of £10,000

Question 52

What does it means when costs are to be assessed?

Answer 52

The court will determine the costs payable

Question 53

What are the two options for including the Particulars of Claim?

Answer 53

1. Include on back of claim form, or
2. Produce as a separate document and either serve with claim form, or within 14 days following service

Question 54

What are the five critical points to bear in mind when completing the claim form?

Answer 54

1. Parties correctly identified, including spelling of name
2. Whether the claim is specified or unspecified
3. Particulars of Claim are included or to be sent separately
4. Statement of Truth is signed, and
   5.The correct type and number of documents have been supplied to the court

Question 55

What is a Part 8 claim?

Answer 55

A claim where the parties do not substantially dispute the facts

Question 56

What four things must a Part 8 claim state?

Answer 56

1. That Part 8 applies
2. Questions to be decided, or remedy sought and legal basis
3. Details of the claim
4. Capacity of the representative if claim is made in a representative capacity

Question 57

How does a defendant respond to a Part 8 claim?

Answer 57

File witness evidence with their acknowledgement of service, but do not file a defence

Question 58

What are the consequences for a defendant who fails to respond to a Part 8 claim?

Answer 58

They cannot take part in the hearing, unless the court gives permission

Question 59

What is the statement of value for specified claims?

Answer 59

precise figure calculated including interest accrued – debt claims.

Question 60

What is the statement of value for unspecified claims in the high court and the county court?

Answer 60

High court: C expects > 100k OR > 50k for PI.
County court: C expects to recover >£10k; £10-25k; OR >£25k OR >5K for PI.

Question 61

What is the SOV if a claim is for both damages and a non-monetary remedy?

Answer 61

A statement of value must be given in respect of the damages claimed.

Question 62

Description of parties in a claim form

Answer 62

Individual: name
Company: registered name
ST/Partnership: trading name

Question 63

Where are proceedings issued?

Answer 63

the majority of cases are issued in the County Court and only claims in excess of £100,000 (or £50,000 for personal injury claims) may be commenced in the High Court.

Question 64

How are proceedings issued?

Answer 64

claimant files claim form + pays fee at relevant court + court dates / issues it.

Question 65

What is the effect of issuing proceedings in relation to the limitation period?

Answer 65

If issued within limitation period, it stops the clock.

If issued after limitation period, it is deemed to be issued on the date received by the court.

Question 66

What is the deadline to serve?

Answer 66

midnight on the day 4 months after date of issue.

Question 67

What is the effect of failing to serve after proceedings have been issued?

Answer 67

claim automatically stayed.

Question 68

Can an extension be granted if C fails to serve after issuing proceedings?

Answer 68

only available if C tried to serve claim form.

Question 69

Why is service of a claim a critical step?

Answer 69

Because it triggers the defendant’s obligation to respond

Question 70

Within how long of issue must a sealed claim form be served on the defendant where they are (1) within the UK and (2) outside the UK, and what is this period known as?

Answer 70

In the UK: Four months
Outside the UK: Six months

It is known as the claim form validity period.

Question 71

If a claimant wishes to apply to have the claim form validity period extended, within what time period must the application be made, and only in what circumstances will the court grant it?

Answer 71

Application must be made within the original validity period, and the court will only grant in exceptional circumstances

Question 72

Where a claimant’s solicitor as opposed to the court will serve proceedings, what must the claimant ensure is enclosed, otherwise the court won’t deem service effective?

Answer 72

The response pack

Question 73

On whom must proceedings be served where the defendant has nominated solicitors to accept service (1) where defendant is an individual, and (2) where defendant is a company?

Answer 73

Individual: Must be served on solicitors, otherwise ineffective
Company: Solicitors, or also may be delivered or posted to the company’s registered address

Question 74

In the case of personal service to a company, who can accept service?

Answer 74

Any person holding a senior position

Question 75

In the case of personal service to a partnership being sued in the firm name, who can accept service?

Answer 75

A partner, or any person who had control or management of the partnership business at its principal place of business at the time of service

Question 76

Does the person being personally served have to take hold of or retain the papers?

Answer 76

No, as long as the process server has explained the general nature of the documents

Question 77

What are the three requirements for service to be sent by fax?

Answer 77

1. Express consent, even if already communicating by fax
2. Party has given a fax number to be contacted on
3. Fax number is within the jurisdiction

Question 78

Is consent to receive service by fax still required even if the parties had been communicating via fax?

Answer 78

Yes

Question 79

What are the three requirements for service to be sent by DX?

Answer 79

1. Party’s address for service contains a DX number
2. DX number is on the party’s writing paper
3. No express indication that service by DX is not acceptance

Question 80

What are the two requirements for service to be sent by email?

Answer 80

1. Express consent, even if already communicating by email
2. Party has given an email address to be contacted on

Question 81

Is consent to receive service by email still required if an email address is on the firm’s paper or the parties have communicated via email?

Answer 81

Yes

Question 82

What is the step required to effectuate service in the case of (1) personal service, (2) post or DX, (3) fax, or (4) other electronic method?

Answer 82

1. Personal service: leave claim form with person
2. Post or DX: post, or leave with service provider
3. Fax: complete fax transmission
4. Other electronic method: send email or transmission

Question 83

When is the claim form deemed to be served, and does this depend on the method used?

Answer 83

Irrespective of method used, the claim form is deemed served on the second business day after the step required to effectuate service

Question 84

As an aside, what is a business day per the Civil Procedure Rules?

Answer 84

Any day other than Saturday, Sunday, a bank holiday, Good Friday, or Christmas Day

Question 85

What should a claimant do if they believe a defendant no longer lives at an address?

Answer 85

Take reasonable steps and make reasonable enquiries to ascertain the defendant’s current address

Question 86

If the claimant cannot ascertain the defendant’s address after taking reasonable steps and making reasonable enquiries, what can they do?

Answer 86

Serve on the defendant’s last known address

Question 87

If a defendant wishes to argue that service of proceedings was invalid, where do they indicate this and within what time period must they make an application?

Answer 87

Indicate on acknowledgement of service, within 14 days.

Question 88

If the claimant’s solicitor is serving proceedings, within what time period must they file a certificate of service?

Answer 88

21 days

Question 89

What must a claimant show to the court to be granted an order to permit service by alternate means or in an alternative place?

Answer 89

Good reason for the order

Question 90

Can an order to permit service by alternate means or in an alternative place be made retrospectively, and may the court deem steps already taken to be good service?

Answer 90

Yes

Question 91

Even though the Particulars of Claim must be served with 14 days of service of the claim form, what must happen if this 14-day period would take the claimant beyond the validity period, i.e. four/six months from issue depending on where defendant is?

Answer 91

The Particulars of Claim must be served within the validity period

Question 92

How is a claim form served and to what address?

Answer 92

How: served by the court using first class post + notice of issue to C.

No Address: must be served at last known residence / place of business.
D Gives Solicitor’s Address: must be served at that address.

Question 93

What is the deemed date of service of the claim form?

Answer 93

2nd business day after relevant step.

Question 94

When does C serve the Particulars of Claim?

Answer 94

C has 14 days to serve particulars of claim unless attached and no later than 4 months.

Question 95

Purpose of POC

Answer 95

reinforces claim form and lays out all details of the case i.e., is claimant’s story.

Question 96

Where can the POC be included/drafted?

Answer 96

included on the claim form itself for straightforward cases, i.e. debt action, but drafted as a separate document for complex matters.

Question 97

What is the DDS of instant methods of service and rules on consent?

Answer 97

same day if before 16:30. if not, then next business day.

However, consent required. Can only be used if D consents to use (except fax on solicitor’s letter headed paper).

Question 98

What is the DDS of non-instant methods of service?

Answer 98

if posted on business day, the second day after relevant step. If not, next business day.