3. Commencing Proceedings Flashcards
Claim less than £100k
MUST start in County Court
Claims more than £100k
opt to choose High Court
Personal injury claim less than £50k?
MUST be in County Court
Personal injury claim more than £50k?
opt to choose High Court
When would choosing High Court be appropriate?
complex claim or
outcome is of public importance
Kings Bench Division
Contract and tort disputes
Chancery Bench Division
Trusts, inheritance, parternship and company law
Family Division
Divorce and Adoption
Divisions in High Court
- Kings Bench Division
- Chancery Division
- Family Division
Divisions in Business + Property Court
- Technology and Construction Court
- Commercial Court
Technology and Construction Court
Builiding, Engineering, Surveying
Commercial Court
Complex contract and finance issues
Docs to ‘issue proceedings’
- N1 Claim Form
- Particulars of Claim
- Copy of contract
Sole Trader on N1 Form?
**Atony Tucker T/A Marble Designs **
Partnership on N1 Form?
Firm name (Justine & Co)
Company on N1 Form?
Engineering Ltd
Add or substite party process?
- consent of claimant
- permission needed if claim form served
Grounds to add or remove party in limitation period?
desireable to add new aparty to resolve dispute or interest passed to them
Grounds to add or remove party outside limitation period?
- if proceedings started in limitation period +
- OG party died/mistakenly added/cannot carry on claim
When should claim form be served?
Within 4 months of being issued
Claim form deemed served?
2nd business day after step required
service of P.O.C by first class post?
2nd day after step required provided it is a business day
service of P.O.C by DX?
2nd day after step required provided it is a business day
service of P.O.C by fax?
- before 4:30pm - same day
- after 4:30pm - next business day
service of P.O.C by email?
- before 4:30pm - same day
- after 4:30pm - next business day
service of P.O.C by personal service?
- before 4:30pm - same day
- after 4:30pm - next business day
service of P.O.C to permitted address?
- before 4:30pm - same day
- after 4:30pm - next business day
When must particlars of claim be served?
With N1 Form or within 14 days after N1 is served/4 months of issue
What if you miss service deadlines?
Claim can be struck out + sued for negligence
Deadlien to serve claim form outside of England and Wales?
Within 6 months of being issued
Do you need permission to serve claim form in Scotland + Ireland?
No
Do you need permission to serve claim form in EU Member States?
Yes unless English jurisdiction clause
