2. Commencing and Responding to a Claim

Question 1

What value civil dispute claims are dealt with by the County Court?

Answer 1

£100,000 or less

Question 2

What value civil claims have the option to be dealt with by the High Court?

Answer 2

£100,000 or more

Question 3

What value personal injury claims can be dealt with in the High Court?

Answer 3

£50,000

Question 4

What are the three main divisions of the High Court?

Answer 4

Kings Bench Division
Chancery Division
Family Division

Question 5

What types of claims does the Kings Bench Division deal with?

Answer 5

Action in contract or tort

Question 6

What types of claims does the Chancery Division deal with?

Answer 6

Disputes over land, trusts, contentious inheritance matters, partnership claims and company law

Question 7

What types of claim does the Technology and Construction Court of the High Court deal with?

Answer 7

Complex national and international claims concerning buildings, engineering and surveying

Question 8

If the defendant is a partnership, what name should they be sued under?

Answer 8

Name of the partnership NOT the individual partners

Question 9

If the defendant is a partnership, what suffix should be used on the claim form after the partnership name?

Answer 9

(a firm)

Question 10

What form is used for opening a file?

Answer 10

N1

Question 11

For unspecified claims in the High Court, what information does the claimant need to write on the claim form for statement of value?

Answer 11

Claimant expects to recover more than £100,000

Question 12

For unspecified claims in the County Court, what information does the claimant need to write on the claim form for statement of value?

Answer 12

Whether they expect to cover not more than £10,000
More than £10,000 but less than £25,000
More than £25,00

Question 13

For personal injury claims, what information does the claimant need to write on the claim form for statement of value?

Answer 13

Whether claimant expects to recover more than £5,000

Question 14

What is the maximum court fee payable on issue?

Answer 14

£10,000

Question 15

How are legal representative costs assessed for specified claims?

Answer 15

Fixed under Part 45 CPR

Question 16

How are legal representative costs assessed for unspecified claims?

Answer 16

By court at the conclusion

Question 17

If the claimant is a company, who from the company can sign the statement of truth?

Answer 17

A person with a senior position in the company such as a director, secretary, chief executive or the treasurer

Question 18

Can the legal representative sign the statement of truth?

Answer 18

Yes - in their own name, not the firm’s

Question 19

If the claim form has not been served, is permission required to add, substitute or remove a party from a claim?

Answer 19

No

Question 20

If a claim form has been served and the application was made within the limitation period, what is the legal test the judge will use whether considering adding/ substituting/ removing a party?

Answer 20

Yes - legal test is if it is desirable for the case

Question 21

In what circumstances would the judge consider adding/ substituting/ removing a party from proceedings where the application was made outside the limitation period?

Answer 21

1. Original party was named by mistake
2. Original party has died/ subject to bankruptcy order and their interest or liability has passed to new party
3. Claim cannot properly be carried on without the new party

Question 22

Generally, who must service of the claim form occur on?

Answer 22

Party’s nominated solicitor

Question 23

Is service by email valid?

Answer 23

Only if receiving party has expressly confirmed that this method may be used for service or included an email address in a statement of case EXPRESSLY for the purpose of service of proceedings

Email just included in header of letter DOES NOT warrant express confirmation of service by email being accepted

Question 24

How long following issuing of a claim form does the claimant have to serve it on the defendant?

Answer 24

4 months

Question 25

When is a claim form deemed to be served?

Answer 25

Second business day following delivery

Question 26

If other documents relating to the claim are delivered by personal service, fax or email, when are they deemed served?

Answer 26

Same day, or following business day if after 4.30pm

Question 27

If other documents relating to the claim are delivered by first class post or document exchange when are they deemed served?

Answer 27

Second business day after posted

Question 28

Within how many days after the claim form does the particulars of claim need to be served?

Answer 28

14 days

Question 29

If a claim is being served out of the jurisdiction, how long does the claimant have to serve the claim form following issue?

Answer 29

6 months

Question 30

If a defendant makes an admission of part, how long does the claimant have in which to respond?

Answer 30

14 days

Question 31

If the defendant sends an acknowledgement of service, how long do they then have to file a defence?

Answer 31

28 days

Question 32

When must a counterclaim be submitted?

Answer 32

Before or with the defence (and no permission of court needed) Or after (but only with permission of the court)

Question 33

When can the claimant apply for a default judgment?

Answer 33

The day after which acknowledgement of service/ defence should have been filed by the defendant

Question 34

What is the mandatory ground for setting aside a default judgment?

Answer 34

The default judgement was wrongly entered

Question 35

What are the discretionary grounds for setting aside a default judgment?

Answer 35

1. The claimant has a real prospect of successfully defending the claim, OR 2. There is some other good reason why the defendant should be allowed to defend the claim Court will also consider promptness of application therefore defendant should issue application as soon as they are aware of the default judgment NOTE that the court will consider the application as a relief from a sanction and therefore apply the test from Denton v White

Question 36

What is the test from Denton v White?

Answer 36

1. Identify and assess seriousness / significance of relevant failure 2. Consider why failure or default occurred 3. Evaluate all the circumstances of the case to enable court to deal justly with the application

Question 37

If a default judgement is set aside for mandatory grounds, who is liable for the costs in the default judgment application?

Answer 37

The claimant

Question 38

If a default judgement is set aside for discretionary grounds due to good reason for default, who is liable for the costs in the default judgment application?

Answer 38

Costs are included in the case

Question 39

If a default judgement is set aside for discretionary grounds due real prospect of success for the defendant, who is liable for the costs in the default judgment application?

Answer 39

The defendant is liable for the claimant's costs

Question 40

When is the costs order regarding default judgements made?

Answer 40

Conclusion of application to set aside default judgment hearing

Question 41

Can a claimant discontinue the claim at any stage without permission?

Answer 41

Yes unless any interim reliefs have been granted

Question 42

If a claimant has been granted an interim payment, can they discontinue the claim?

Answer 42

No, only with permission from defendant or court

Question 43

What is a consent order?

Answer 43

Where both parties have legal representation and have reached a settlement after issuing of proceedings (but before trial), then a document can be drawn up by the representation and sealed by a court officer to enable enforcement of anything agreed should it not be honoured

Question 44

What is a Tomlin order?

Answer 44

A document which stays the claim on agreed terms set out either in a schedule to the order or separately

Question 45

If a party wished to keep agreed terms confidential then where should they be included?

Answer 45

In a schedule to the Tomlin order or in a separate document

Question 46

What kinds of information would be included in a Tomlin order?

Answer 46

Agreed payment and schedules (to be kept confidential)

Question 47

What kind of term would be included within the Tomlin order itself?

Answer 47

A term giving each party liberty to apply to court if the other party does not comply with the settlement terms - must be set out in the order itself in order to be effective

Question 48

If costs are to be agreed by the courts, what is required?

Answer 48

A court order

Question 49

If a defendant wish to contest the court's jurisdiction for the claim, how do they do this?

Answer 49

They indicate this on the acknowledgement of service, and then within 14 days apply to dispute the court’s jurisdiction NOTE that filing a defence / failing to apply to dispute within timeframe is treated as accepting the court's jurisdiction