Chapter 2- Commencing Proceedings

Question 1

How can you commence proceedings?

Answer 1

Under CPR 7 or 8

Question 2

What must the court do to issue proceedings under CPR 7?

Answer 2

Stamp the claim form

Give the action a claim number

Question 3

What does a claim form include?

Answer 3

Heading
Parties and addresses of the parties
A concise statement of the nature of the claim
Remedy sought- If money statement of the amount claimed
Jurisdictional endorsement- If going for the High Court
Particulars of claim
Statement of truth
Court fee

Question 4

How can a statement of value be given?

Answer 4

• Specific amount of money- set out in numbers
• Give ranges of the amount expected
• Statement saying ‘I can’t say how much I expect to recover’

Question 5

Who is a child?

Answer 5

> 18

Question 6

Who is a protected party?

Answer 6

Someone who lacks capacity to conduct the proceedings

Question 7

How are children and protected parties represented?

Answer 7

Litigation friend- Relative or court appointed person

X(a child, suing by Y her litigation friend)

Question 8

What must C’s solicitor send to the court when issuing the claim form?

Answer 8

• At least 3 copies of the claim form (more if more than 1 D)
• Court fee

Question 9

What is service?

Answer 9

The process of giving the document to the other parties in an action which is recognised by the court (CPR 6)

Question 10

What are the various methods of serving the claim form?

Answer 10

CPR 6.3

• Serve personally
• Delivering to permitted address
• First Class post
• Fax
• Document exchange
• Any electronic method
• Service under an enactment

Question 11

Limitations on modes of service

Answer 11

• If informed of a solicitor- Must go through them

- Contractual limitation

Question 12

When can the claim form be served in an alternative way?

Answer 12

• Good reason to do so

- Application must be made to the court saying why there’s an issue and the alternative proposed

Question 13

What happens if the form hasn’t been served in the right way?

Answer 13

• Can’t apply for alternative service retrospectively

- Can cure procedural irregularities

Question 14

When may a court dispense with service?

Answer 14

Where the other party is aware of proceedings

Question 15

What is the deemed date of service?

Answer 15

2nd business day after completion of the relevant step in CPR 7.5

Question 16

When must the claim form be served?

Answer 16

Completion of the relevant step at CPR 7.5 must take place before midnight on the calendar day 4 months after the date of issue of the claim form

Question 17

Are the rules for working out the deemed date of service for all documents identical?

Answer 17

Claim forms are special

Rest come under CPR 6.26

Question 18

What happens if no address for service is given and there is no solicitor acting?

Answer 18

CPR 6.9

Form must be left or posted at D’s usual or last known residence

Question 19

Who serves the claim form?

Answer 19

Court or C’s solicitor
Court- Default- If can’t be done note of non-service is given
Solicitor- Must file certificate of service within 21 days -Not necessary if all D’s have filed an acknowledgement of service within that time

Question 20

What must be served with the claim form?

Answer 20

• Particulars of claim

- Response pack (Form N9) 1. Form of admission/ defending/ acknowledgement of service

Question 21

When must D respond by?

Answer 21

Within 14 days of deemed service of the particulars of claim

Question 22

Why would you file an acknowledgement of service?

Answer 22

• Need more time to file a defence

- Dispute the court’s jurisdiction

Question 23

What extension do you get with an acknowledge of service?

Answer 23

14 days

Question 24

What are clear days?

Answer 24

• Day of serving = Day 0
• Don’t include date of hearing
• If time period is 5 days of less, don’t include weekends or bank holidays

Question 25

What if D can’t serve the defence in time?

Answer 25

Agreements can be made with C for up to 28 days (any more requires the courts approval)

Question 26

What must C show to obtain judgement in default?

Answer 26

• Particulars of claim has been served
• Time has expired for filing a defence/ acknowledgement of service
• Claim hasn’t been admitted or satisfied
• No application for a summary judgement has been made

Question 27

Where may a correctly entered judgement in default be set aside?

Answer 27

Court has discretion

1. D has a real prospect of successfully defending the claim
2. OR appears to the court that there is another good reason