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Dispute Resolution > 9: Part 7 claims > Flashcards

9: Part 7 claims Flashcards

1
Q

What is the consequence of issuing a claim in the wrong court?

A

Penalties may apply.

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2
Q

Which court has the jurisdiction for a £2,000,000 commercial fraud claim?

A

The Chancery Division of the High Court.

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3
Q

Against whom should claims be brought in a partnership - the partners or the partnership?

A

Claims can be brought against the partnership name to avoid naming and serving all partners individually.

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4
Q

What is essential when starting a claim against a company?

A

Using the correct registered name of the company.

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5
Q

What should be conducted prior to commencing proceedings against a company?

A

A thorough company search.

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6
Q

Who represents children and protected parties in litigation?

A

A responsible person called a litigation friend, usually a parent.

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7
Q

Are settlements by or on behalf of children and protected parties valid without court approval?

A

No, they are not valid without court approval.

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8
Q

What does “joint and several liability” mean?

A

It means two or more people or parties are liable for a loss suffered by another person.

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9
Q

What is the purpose of joint and several liability?

A

To recover judgment debts and enforce court orders against all those responsible for the failure to perform the contract or involvement in a tortious act.

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10
Q

What is the form number of a claim form?

A

Form N1.

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11
Q

Is the same form used regardless of whether the claim is for a specified sum, an unspecified amount, or non-monetary claims?

A

Yes, the N1 claim form is used for all these types of claims.

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12
Q

What should the N1 form include?

A

Name of court
Name and addresses of parties
Brief details about the claim
Remedy
Statement of value

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13
Q

When completing Form N1, what must you insert in the top right-hand corner if issuing in the High Court?

A

The name of the court, the Division, and the name of the registry and specialist court.

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14
Q

What must the claimant specify in the claim form in terms of the result of the claim?

A

The remedy sought (e.g., damages or an injunction). If the claim is for money, it should include a statement of value.

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15
Q

Does the claim form limit the power of the court to give judgment for the amount it finds the claimant is entitled to?

A

No, a claimant may be awarded more than they have asked for.

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16
Q

What must be specified in a statement of value when the claim is for an unspecified amount?

A

The claimant’s expectation to recover:

(i) not more than £10,000,

(ii) more than £10,000 but not more than £25,000,

(iii) more than £25,000.

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17
Q

What must the claimant disregard when calculating the statement of value?

A
  • Interest
  • Costs
  • Any potential payments under the social security (Recovery of Benefits) Act 1997
  • Counterclaims, defence, or set-off
  • Findings of contributory negligence
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18
Q

What are the rules for a statement of value in personal injury claims?

A

For claims of £10,000 or less, the claimant must state what they expect to recover in damages for pain, suffering, and loss of amenity.

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19
Q

In personal injury claims, what are the monetary boundaries in terms of small claims track and fast track?

A

Under £1,000 - small claims track

Over £1,000 - fast track.

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20
Q

What amount of claim must be stated in a High Court claim to confirm the correct court has been used?

A

The claimant must state that they expect to recover:
- more than £100,000 for damages claims or
- more than £50,000 for personal injury claims.

These are clearly above the £25,000 threshold for multi-track.

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21
Q

Do you need a monetary fee in a statement of value for an injunction?

A

No, e.g. The claimant’s claim is for an injunction to restrain the defendant from trespassing upon the claimant’s land at Park View Farm. The claimant cannot say how much it expects to recover

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22
Q

When must a defence to a claim be filed and served according to CPR Part 15?

A

Within 14 days after service of the particulars of claim.

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23
Q

What can a defendant do if they need more time to file a defence?

A

The defendant can file an acknowledgment of service, extending the time to 28 days after service of the particulars of claim.

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24
Q

What is the consequence if the defendant fails to file a defence in time?

A

The claimant may obtain judgment in default.

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25
Q

What is judgment in default?

A

A judgment without trial, granted because the defendant failed to respond to the claim.

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26
Q

What must the claim form indicate regarding the place for hearings?

A

The claimant’s preferred court for hearings.

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27
Q

Where must all County Court money claims be issued?

A

In the CCMCC (County Court Money Claims Centre).

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28
Q

How is the court fee determined for money claims?

A

Based on the value of the claim:

OVER 10K-200K - 5% on higher range

OVER 200K - £10K

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29
Q

What should be included regarding legal representative’s costs if a debt or possession order is claimed?

A

The fixed costs, which can be found in CPR 45.

30
Q

What should be ticked on the reverse side of the claim form?

A

Whether the claim includes any issues under the Human Rights Act 1998.

31
Q

What are the particulars of claim?

A

A formal written statement detailing the nature of the claimant’s case and the relief or remedy sought.

32
Q

What must a legal representative confirm when signing the statement of truth?

A
  • Client’s authority to sign
  • Explained the client’s belief in the truth of the claim form
  • Explained the possible consequences of false statements
33
Q

Who must sign the statement of truth if the claimant is a company?

A

Someone in a senior position (e.g., director, treasurer, secretary).

34
Q

What are the steps required where the court is to serve the claim form?

A
  • Claimant sends or takes one copy of the claim form for the court and one for each defendant, plus relevant documents and the issue fee.
  • The court issues the claim form by entering the issue date, affixing the court seal, and giving it a claim number. The court then opens its case management file.
  • The court serves the claim form, normally by first class post (give two days)
  • If particulars of claim are included, the court sends a response pack (N9) to the defendant(s). If not, these additional documents are served later.
  • The court sends the claimant a notice of issue with the date of deemed service.
  • If the claim form is returned undelivered, the court sends a notice to the claimant.
35
Q

What must be done if the particulars of claim are contained in the claim form or served with it?

A

The response pack N9 must accompany the documents served on the defendant(s).

36
Q

When does the running of time stop for the Limitation Act 1980?

A

When the claim form is FILED.

37
Q

What must the claimant file within 21 days of serving the particulars of claim?

A

A certificate of service (N215), confirming the method of service and other required information.

38
Q

What is the time limit for serving the particulars of claim after the service of the claim form?

A

Within 14 days of service of the claim form and during the four or six-month period of validity of the claim form.

39
Q

What is CPR Part 8?

A

An alternative procedure for bringing claims where there is no substantial dispute of fact.

40
Q

What are the methods of serving the claim form?

A
  • First class post, document exchange (DX), or other next business day delivery
  • Delivery at the relevant place
  • Personal service
  • Fax
  • Other electronic methods
41
Q

When is a claim form deemed served within the United Kingdom?

A

On the second business day.

42
Q

How is a claim form served personally?

A
  • On an individual, by leaving it with them at their usual residence.
  • On a company, by leaving it with a person holding a senior position within the company.
  • On a partnership, by leaving it with a partner or a person who has control or management of the partnership business at its principal place of business.
43
Q

What must a claimant do if they believe the defendant no longer resides at the given address?

A

Take reasonable steps to ascertain the defendant’s current address.

44
Q

What must a claimant provide in case of a dispute over proper service of the claim form?

A

Evidence of the reasonable steps and enquiries made to serve the claim form.

45
Q

What must be explicit regarding service on nominated lawyers?

A

The nomination to accept service.

46
Q

What is the deemed date of service for first class post or other next business day delivery?

A

The second day after it was posted, if it is a business day. If not, the next business day after that.

47
Q

What is the deemed date of service for delivering the document to a permitted address, fax, other electronic services or personal service?

A
  • If completed on a business day before 4:30 pm, that day.
  • If not, the next business day.
48
Q

What happens if the claim form is returned undelivered?

A

The court will notify the claimant and inform them if the claim form is returned in the post or if bailiff service was not effected.

49
Q

What must be done if service is returned undelivered?

A

Reasonable steps should be taken to ascertain the correct address and serve the claim form properly.

50
Q

Where should you leave a document when the defendant has not provided an address for service?

A

An individual can be served at their last known residence or place of business, but the claimant must take reasonable steps to ascertain the current address.

51
Q

Who generally serves other documents?

A

The court will serve a document unless a rule or Practice Direction provides otherwise or the court orders otherwise.

52
Q

How can service in Scotland and Northern Ireland be effected according to the CPR?

A

By any method provided for in the CPR, including personal service and service by post.

53
Q

What is Form N215 used for?

A

To certify the service of documents, detailing who was served, what was served, when and where, and how it was served.

54
Q

What must be certified for service by post or other next business day delivery?

A

The date of posting.

55
Q

What must be certified for personal service?

A

The date of service.

56
Q

What must be certified for service by document exchange (DX)?

A

The date of delivery to the document exchange.

57
Q

What must be certified for delivery to or leaving at a permitted address?

A

The date on which the document was delivered or left at the permitted place.

58
Q

What must be certified for service by fax?

A

The date and time of transmission.

59
Q

What must be certified for service by other electronic methods?

A

The date of transmission and the means used.

60
Q

What happens if documents to be served by the court are returned undelivered?

A

The court sends a notice stating that the document has been returned to the party requesting service.

61
Q

What is the status of service if the claim form is returned undelivered?

A

Service is deemed to have taken place if the court has sent the claim form by one of the permitted methods under Part 6.

62
Q

What must be included in the claim form for it to be valid?

A

The correct fee, and the claim form must be correctly completed and signed.

63
Q

What happens if the claim form is not correctly completed?

A

The court will not issue the claim form until it is properly completed.

64
Q

When does time start running for the purposes of the Limitation Act 1980?

A

When the claim form is delivered to the court office with the correct fee.

65
Q

What is the role of the court when a claim form is delivered close to the expiry of the limitation period?

A

The court staff will date stamp the covering letter, which provides evidence of the date of delivery.

66
Q

What is the significance of the date stamp on the covering letter?

A

It serves as evidence of the date the claim form was delivered to the court office.

67
Q

What can claimants do to ensure the court processes the claim form promptly?

A

Use a covering letter and follow up with the court to confirm receipt and processing of the claim form.

68
Q

What is the purpose of CPR Part 8?

A

It provides a simplified procedure for claims where there is no substantial dispute of fact.

69
Q

When is the Part 8 procedure used?

A

When a claimant seeks the court’s decision on a question without substantial dispute of fact.

70
Q

How is the claim form for a Part 8 procedure different?

A

It must state that the Part 8 procedure is being used and set out the question the claimant wants the court to decide.

71
Q

What should the court do if there is a substantial dispute of fact in a Part 8 procedure?

A

The court may order that the claim continue as if the Part 7 procedure had been used.

72
Q

What is the consequence if the claimant fails to serve the particulars of claim within the specified time?

A

The claim may be struck out.

Dispute Resolution (20 decks)

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