bringing a claim

Question 1

Threshold for brining in High Court
Where is it brought otherwise?
Does it have to be brought in the high court if over the threshold?

Answer 1

100k and over = High Court
below 100k = County Court

NO - 100k + the HC and CC have jurisdiction - based on financial value and overall complexity

Question 2

When do proceedings begin?

Answer 2

When court issues claim form (CPR 7)

Question 3

what does the CF stop and start

Answer 3

STOPS the limitation period

STARTS the 4 month period fo sering particulars of claim on def

Question 4

when the CF is served on the Def, must it contain the response pack and POC?

Answer 4

It can do, or they have 2 weeks from serving CF on D to serve POC

Question 5

When does the D need to respond

Answer 5

only once particulars of claim have been served upon them, if CF is issued without POC they need not respond

Question 6

What are D’s 3 options?

Answer 6

a. acknowledgement of service
b. admission
c. defence

Question 7

When would an ack of serv be served and what is the deadline

what is the deadline for serving the defence once the AOC has been served

Answer 7

if

a) need more time to draft defence
b) dispute jurisdiction

14 days after POC is deemed served

must serve defence 28 days after POC deemed served if an AOS has been served

Question 8

deadline for admission?

Answer 8

14 days after deemed service of POC

Question 9

under CPR 15 what can the claimant obtain if a defence/aos is not served in time

Answer 9

Judgement in default

Question 10

Can a judgement in default be set aside - what is important

Answer 10

yes under CPR 13, if judge thinks D has arguable case or there is a good reason for setting it aside

must apply for it to be set aside promptly