Chapter 2- Commencing Proceedings Flashcards
How can you commence proceedings?
Under CPR 7 or 8
What must the court do to issue proceedings under CPR 7?
Stamp the claim form
Give the action a claim number
What does a claim form include?
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
How can a statement of value be given?
- 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’
Who is a child?
> 18
Who is a protected party?
Someone who lacks capacity to conduct the proceedings
How are children and protected parties represented?
Litigation friend- Relative or court appointed person
X(a child, suing by Y her litigation friend)
What must C’s solicitor send to the court when issuing the claim form?
- At least 3 copies of the claim form (more if more than 1 D)
- Court fee
What is service?
The process of giving the document to the other parties in an action which is recognised by the court (CPR 6)
What are the various methods of serving the claim form?
CPR 6.3
- Serve personally
- Delivering to permitted address
- First Class post
- Fax
- Document exchange
- Any electronic method
- Service under an enactment
Limitations on modes of service
- If informed of a solicitor- Must go through them
- Contractual limitation
When can the claim form be served in an alternative way?
- Good reason to do so
- Application must be made to the court saying why there’s an issue and the alternative proposed
What happens if the form hasn’t been served in the right way?
- Can’t apply for alternative service retrospectively
- Can cure procedural irregularities
When may a court dispense with service?
Where the other party is aware of proceedings
What is the deemed date of service?
2nd business day after completion of the relevant step in CPR 7.5
When must the claim form be served?
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
Are the rules for working out the deemed date of service for all documents identical?
Claim forms are special
Rest come under CPR 6.26
What happens if no address for service is given and there is no solicitor acting?
CPR 6.9
Form must be left or posted at D’s usual or last known residence
Who serves the claim form?
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
What must be served with the claim form?
- Particulars of claim
- Response pack (Form N9) 1. Form of admission/ defending/ acknowledgement of service
When must D respond by?
Within 14 days of deemed service of the particulars of claim
Why would you file an acknowledgement of service?
- Need more time to file a defence
- Dispute the court’s jurisdiction
What extension do you get with an acknowledge of service?
14 days
What are clear days?
- 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
