4. Choice of Court

Question 1

Where should you issue a debt claim?

Answer 1

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.

Question 2

Where will the Court transfer of case post issue

Answer 2

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)

Question 3

King’s Bench Division

(6 areas of focus + 2 specialist courts)

Answer 3

1. Negligence
2. Debt owed
3. Land possession
4. Personal injury
5. Breach of contract
6. 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

Question 4

Chancery Division -

(8 areas + 2 specialist courts)

Answer 4

1. Equity and trusts
2. Commercial fraud
3. intellectual property
4. Land
5. business dispute
6. contentious probate
7. regulatory work
8. professional negligence

SPECIALIST

1. Bankruptcy court
2. Companies court

Question 5

What is the court fee?

Answer 5

5% of claim if valued between £10,000 - £200,000

£10,000 if more than £200,000

Question 6

Deadline for service of Particulars of Claim

Answer 6

within 14 days of service of claim form BUT within 4 months of issue of claim form.

Question 7

What is a Part 8 claim and what is the process?

Answer 7

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

Question 8

What is the time limit - service of Claim Form

(w/in jurisdiction + out of jurisdiction)

Answer 8

Within jurisdiction - 4 months after date of issue

Outside jurisdiction - 6 months after date of issue

Question 9

When should you serve on nominated Sols?

Answer 9

If nominated sols - usually must serve there.

BUT if D is a company, can always serve at the company’s registered office

Question 10

Who should you serve on in a claim against a partnership?

Answer 10

Should list each individual on claim form

Should serve each individual

That way claim can be pursued against everyone

Question 11

Who should you serve on when you have no nominated sols?

Answer 11

1. Serve on individual listed on claim form
2. Serve on director or person with senior position of company or company’s registered address
3. Serve on partners in partnership, or peron with control/management of company

Question 12

Methods of service of claim form: personal

Answer 12

Can physically hand over papers even if thrown away immediately.

BUT must explain the contents of the docs.

Question 13

Methods of service of claim form: fax

Answer 13

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

Question 14

Methods of service of claim form: Post or DX

Answer 14

DX if listed as part of address

Post if provided address

Question 15

Methods of service of claim form: email

Answer 15

ONLY if express consent. NOT enough for it to be on listed on firm paper.

Question 16

What is the date of deemed service?

Answer 16

two business days after the posted, faxed, emailed, DX’s, or physically handed over.

Question 17

What should D do if service was not valid?

Answer 17

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.

Question 18

Deadline for certificate of service

Answer 18

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

Question 19

When should you make an application to serve out of jurisdiction? What do you need to establish?

Answer 19

Not necessary if Scotland or Northern Ireland

All other jurisdictions - demonstrate that EW is most appropriate forum

Question 20

Service by Alternative Method Order

Answer 20

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

Question 21

What does the technology and construction court deal with?

(Min value + 3 examples)

Answer 21

Min value: £250,000

1. Claims re services of engineers, architects, surveyors, other profs
2. environmental claims
3. local authority duties re land and buildings

Question 22

What does the commercial court deal with?

4 examples

Answer 22

1. high value disputes re business and contracts
2. insurance
3. import/export, carriage of goods
4. banking/financial services