4. Choice of Court Flashcards
Where should you issue a debt claim?
Special procedure for claiming debt owed.
File a special money claim form at County Court Money Claims Centre.
If not debt claim - would still go to CCMCC however, would file normal claim form.
Where will the Court transfer of case post issue
After receipt of defence or admission -
Court will transfer case to hearing centre nearest D’s address (IF D is person) OR C’s preferred hearing centr (IF D is company)
King’s Bench Division
(6 areas of focus + 2 specialist courts)
- Negligence
- Debt owed
- Land possession
- Personal injury
- Breach of contract
- Defamation
Technology and Construction Court - re engineers, architects, surveyors, environmental etc. Min £250,000
Commercial Court - Complex national and international business diputes - export, carriage of goods, banking, financial services etc
Chancery Division -
(8 areas + 2 specialist courts)
- Equity and trusts
- Commercial fraud
- intellectual property
- Land
- business dispute
- contentious probate
- regulatory work
- professional negligence
SPECIALIST
- Bankruptcy court
- Companies court
What is the court fee?
5% of claim if valued between £10,000 - £200,000
£10,000 if more than £200,000
Deadline for service of Particulars of Claim
within 14 days of service of claim form BUT within 4 months of issue of claim form.
What is a Part 8 claim and what is the process?
Rare -
Where parties do not dispute the facts.
C provides WS together with claim form - must set out what question C would like Court to determine
D does not provide defence - rather WS in reply.
If D fails to respond, cannot parttake in the hearing
What is the time limit - service of Claim Form
(w/in jurisdiction + out of jurisdiction)
Within jurisdiction - 4 months after date of issue
Outside jurisdiction - 6 months after date of issue
When should you serve on nominated Sols?
If nominated sols - usually must serve there.
BUT if D is a company, can always serve at the company’s registered office
Who should you serve on in a claim against a partnership?
Should list each individual on claim form
Should serve each individual
That way claim can be pursued against everyone
Who should you serve on when you have no nominated sols?
- Serve on individual listed on claim form
- Serve on director or person with senior position of company or company’s registered address
- Serve on partners in partnership, or peron with control/management of company
Methods of service of claim form: personal
Can physically hand over papers even if thrown away immediately.
BUT must explain the contents of the docs.
Methods of service of claim form: fax
Only if express consent.
(1) Legal reps indicated willing to accept by fax
(2) on the paper/address of the legal reps - deemed express notice unless stated to contrary
BUT fax number must be within jurisdiction
Methods of service of claim form: Post or DX
DX if listed as part of address
Post if provided address
Methods of service of claim form: email
ONLY if express consent. NOT enough for it to be on listed on firm paper.
What is the date of deemed service?
two business days after the posted, faxed, emailed, DX’s, or physically handed over.
What should D do if service was not valid?
D should indicate that they “intend to contest the court’s jurisdiction to adjudicate the claim” in AoS
AND
D should make an application under Part 11 CPR to dispute the Court’s jurisdiction, within 14 days.
(6) An order containing a declaration that the court has no jurisdiction or will not exercise its jurisdiction may also make further provision including –
(a) setting aside the claim form;
(b) setting aside service of the claim form;
(c) discharging any order made before the claim was commenced or before the claim form was served; and
(d) staying(GL) the proceedings.
Deadline for certificate of service
If Court serves - Ct will issue Cert of Service and send to C (indicate if not delivered)
If C serves - must send Cert of Service to Ct within 21 days
When should you make an application to serve out of jurisdiction? What do you need to establish?
Not necessary if Scotland or Northern Ireland
All other jurisdictions - demonstrate that EW is most appropriate forum
Service by Alternative Method Order
If likely that will not be able to serve within validity period of claim form, can make application to Court to serve in alternative method.
NB - possible to apply to extend validity of the claim form, but only in excetional circumstances
What does the technology and construction court deal with?
(Min value + 3 examples)
Min value: £250,000
- Claims re services of engineers, architects, surveyors, other profs
- environmental claims
- local authority duties re land and buildings
What does the commercial court deal with?
4 examples
- high value disputes re business and contracts
- insurance
- import/export, carriage of goods
- banking/financial services
