3. Commencing Proceedings

Question 1

Personal Injury claims, when can they START in the high court?

Answer 1

value of 50 000 or more

Question 2

General claims: when can they be started in the high court?

Answer 2

Claims for over 100 000, claimant can CHOOSE to start in high court

Question 3

When should C choose to issue proceedings in the high court

Answer 3

Advantageous to use HC when claim is complex (facts, legal issues, remedy or procedures) or outcome is important to the public at general

Question 4

Can a matter issued in the high court by TRANSFERREd to the county court?

Answer 4

Yes

Question 5

Jurisdiction of the Civil National Business Centre (CNBC)

Answer 5

• all money only claims
• including specified and unspecified

Question 6

If a case sent to CNBC is contested, what happens?

Answer 6

Matter transferred to county court hearing centre close to the defendant

Question 7

Which claims can be made via Money Claim Online (MCOL)

Answer 7

Online claims for debt up to 100k

Question 8

High Court: Three Divisions

Answer 8

1. KBD
2. Chancery
3. Family

Question 9

When do proceedings ‘commence’

Answer 9

When claimant / their solicitor sends a claim form / other documents to the relevant court to be ISSUED and a file is opened

Question 10

What must the claimant file with the relevant court to ‘issue’ proceedings there

Answer 10

1. Claim Form (n1)
2. Particulars of claim
3. documents required by CPR (ie. copy of any contract)

Question 11

When is a claim ‘brought’ for limitation purposes

Answer 11

When the claim form is received in the court office

Question 12

Claim Form: Statement of Value, what must claimant put for an unspecified claim in the county court

Answer 12

Whether they expect to recover in damages:
- not more than 10 000
- more than 10 000 but not more than 25 000
- more than 25 000 but not more than 100 000
- more than 100 000

Question 13

Who can sign a statement of truth if the party is a partnership

Answer 13

any of partners or people with control or management of business may sign for partnership

Question 14

Who can sign a statement of truth if the party is a company

Answer 14

person holding senior position like director, secretary, chief executive or treasurer may sign on behalf of the company

Question 15

If an individual signs on behalf of another party in the statement of truth, what must be included

Answer 15

a statement that they are ‘duly authorised’ to sign

Question 16

If a solicitor signs a statement of truth on behalf of a client, do they sign in the firm’s name or their own

Answer 16

Their own name, stating capacity in which they sign and adding firm name if appropriate

Question 17

What happens if there is no statement of truth on the claim form / particulars

Answer 17

1. court can strike out document
2. if court does not strike out, claimant cannot rely on it

Question 18

Who can make an application to add / substitute / remove a party to the litigation

Answer 18

1. An existing party
2. A person who wants to become a party

Question 19

If someone wants to make an application to add / substitute a claimant in a claim, what is required

Answer 19

The claimant’s consent must be given in writing and filed at court

Question 20

When is permission not required to add / substitute / remove a party

Answer 20

If the claim form has not yet been served

Question 21

If someone is applying within the limitation period to add / substitute / remove a party, what grounds can they rely on

Answer 21

1. it is desirable to add a new party to resolve matters
2. the remove a party or
3. substitute a party where existing party’s interest or liability has passed to them

Question 22

If someone is applying outside of the limitation period to add / substitute / remove a party, what grounds can they rely on

Answer 22

1. Party can only be ADDED or SUBBED if limitation period was current when proceedings were started
   AND
   i. original party named by mistake
   ii. original party died / bankrupt and their interest has passed to a new party
   iii. claim cannot be property carried on without the new party

Question 23

Once the claim form has been issued, when must it be SERVED

Answer 23

Within 4 calendar months

Question 24

When can a claimant serve a claim form on a firm of solicitors?

Answer 24

If the defendant has nominated them formally in writing

Question 25

Permitted methods of service under the CPR

Answer 25

1. personal service
2. first class post / DX
3. leaving form at specified place
4. fax or other electronic communication
5. any other form authorised by the court

Question 26

How does someone personally serve a partnership?

Answer 26

left with a partner or person who has control / management of partnership, at its principal place of business

Question 27

How does someone personally serve a company

Answer 27

leaving documents with senior person such as director, treasurer, secretary, or chief executive

Question 28

When can the claimant use DX to serve a claim form?

Answer 28

If a DX number is provided on letter heading in a correspondence and it is not excluded by express statement

Question 29

What is required if a claimant wants to fax / electronically serve the form

Answer 29

Party must expressly confirm they are willing to accept service in this manner

Question 30

When does the timeline for service end if using first class post / DX

Answer 30

The date it is posted or left with the DX provider

Question 31

Deemed service of the claim form, general rule

Answer 31

the claim form is deemed to have been served on the second business day after the step required has occurred

Question 32

When is the particulars of claim (if served separately) deemed served?

Answer 32

If served before 4:30pm on business day, on that day (if not, on the next) FOR
- personal service
- permitted address
- fax
- email
The second day after it was posted if that is a business day (if not, next business day)
- first class post or DX

Question 33

If served separately from claim form, when must Particulars of claim be served?

Answer 33

• within 14 days after service of claim form
• no later than 4 months after the DATE OF ISSUE on the claim form

Question 34

When must a claimant get permission to serve a claim form outside England and Wales

Answer 34

• For all other countries (except Scotland and Northern Ireland)
• permission likely to be granted if the contract was made in england or wales