3): Commencing a claim, responding to a claim, progressing a claim: Where to start proceedings Flashcards
Which claims must be commenced in the County Court?
claims worth 100k or less (except claims relating to media and communications work)
personal injury claims worth 50k or less
Can claims falling within the County Court jurisdiction be started in the High Court?
Yes, if there is reason to believe they should be heard by a High Court judge because of:
financial value of the claim and amount in dispute
complexity of the facts, legal issues, remedies or procedures
Importance of the claim to the public in general
When can claims that have been commenced in the High Court be transferred to the County Court?
in absence of special reasons and when worth less than 100k
specific requirement for trial in High Court required
What is included in the High Court?
King’s Bench Division and Chancery Division
Which claims should be made in the High Court?
the following:
- claims worth more than 100k, or 50k for personal injury, where:
case has complex facts AND. outcome of the case has public interest element
- Claims for damages OR for unspecified sum (subject to claim form requirements)
What are the requirements for a claim for damages or an unspecified sum in the High Court?
claim form must state:
that the claimant expects to recover more than 100k (or 50k for personal injuries)
OR
some enactment provides that the claim may only be commenced in the high court and specify that enactment
OR
that the claim is to be in one of the specialised High court lists and specify which list
What is the jurisdiction of the Chancery Division?
specialist courts:
insolvency and companies court,
IP and enterprise court, Patents court
Typical claims:
equity,
trusts,
tax,
commercial fraud,
IP,
Land,
Business disputes,
contentious probate, regulatory work bankruptcy, professional negligence
What is the jurisdiction of the King’s Bench Division?
Specialist courts:
administrative court,
admiralty court,
commercial court,
commercial circuit court, technology and construction court
Typical Claims:
judicial review,
defamation,
breach of contract,
negligence and tortious conduct,
personal injury,
non-payment of debts,
Human Rights Act breaches, breaches of statutory duty
How is a claim form issued?
claimant must file with the court:
claim form (N1) (with court fee)
particulars of claim (included in form or attached separately)
supporting evidence
What will the court do once the claim form has been filed by the claimant?
court will seal claim form
allocate claim number
claim will be formally issued
limitation period stops running.
claim form is valid for 4 calendar months, in which to serve on defendant
How is a party added within and outside the limitation period?
- within limitation period:
court may order a person to be added if:
it is desirable to add the new party so the court can resolve all matters in dispute OR
there is an issue involving new party and existing party which is connected to matters in dispute AND it is desirable to add that party to help court resolve the issue
- Outside Limitation Period:
court may add a party if:
relevant limitation period was current when proceedings started AND the addition is necessary
necessary: OG party named by mistake OR OG party has died/ subject to bankruptcy order AND their interest/liability passed to new party
OR
claim cannot be properly continued without new party
How is a party substituted within and outside the limitation period?
- within limitation period:
court may order substitution if:
existing party’s interest/liability has passed to new party; or
it is desirable to substitute in order to resolve issues in dispute
- Outside limitation period:
court may order substitution if:
relevant limitation period was current when proceedings started AND the addition is necessary
necessary: OG party named by mistake OR OG party has died/ subject to bankruptcy order AND their interest/liability passed to new party
OR
claim cannot be properly continued without new party
what is a requirement in order to add or substitute a claimant in proceedings?
consent in writing has to be filed at court
How can a party be removed?
cannot be removed outside limitation period
within limitation period:
court may remove a party if it becomes undesirable for that person to be a party to proceedings
What are the different ways in which a claim form can be served?
personal service
leaving claim form at specified place
1st Class Post, DX
Fax or other electronic communication
any other court-authorised method
What is the process for personal service of a claim form?
individual: claim should be handed to them at the usual/last known address
Partnership: claim should be let with partner/person who has control/management of partnership business at usual/last known residence or principal/last known place of business
Company/LLP: claim should be left with person holding senior position at principal office or any place of business of the company/LLP within jurisdiction which has real connection with the claim
What is the process for leaving a claim form at a specified place?
individual: leave document at usual/last known residence
Individual trading as a business: leave document at usual/last known residence or principal/last known place of business
partnership: leave doc at last known residence or principal/last known place of business.
Company/LLP: principal office or or any place of business that has a real connection with the claim
How is a claim form validly served if done by post or DX?
Post/DX: validly served if sent by 1st class post
OR
leaving the doc with recipient or having it collected by DX service provider be sent
What is the process for serving a claim form by 1st Class Post, DX?
individual: usual/last known address
individual trading as a business: usual/last known residence or principal/last known place of business
partnership: usual/last known residence of the partner or principal/ last known place of business
Company/LLP: principal officer any place of business within the jurisdiction that has a real connection with the claim.
What is the process for valid service of a claim form via Fax or other form of electronic communication?
Provided they have confirmed they are willing to accept service this way:
Completing the transmission of the fax
sending the email
Can the court authorise any other method of service?
yes.
Is permission of the court required to serve a claim form within the UK but outside of the jurisdiction for proceedings?
- not required for serving a claim outside of jurisdiction of proceedings in Scotland or N. Ireland
- there must be no parallel proceedings elsewhere in the UK and one of the following needs to apply:
defendant is domiciled in UK
English court has exclusive jurisdiction
defendant is party to an English jurisdiction agreement
Is the court’s permission required to serve a claim outside the UK?
no, as long as:
court has power to determine the claim under The Hague Convention
And
defendant is party to exclusive jurisdiction clause to which The Hague Convention applies
And
there is a jurisdiction clause that the English courts have jurisdiction to determine the claim
How long after permission to serve claim form does service need to be carried out?
within 6 months of permission being issued
