Chapter 9 Flashcards
Who is a litigation friend?
A person who represents another who is not capable of representing themselves. I.e mentally unwell or a child.
What is joint and several liability?
Where the claimant can recover debts or judgment against those responsible.
Give an example of joint and several liability.
If two people take out a mortgage and one stops paying towards the repayments, the payment would fall upon the other party as they are jointly and severally liable to pay the loan.
What CPR governs part 7 claim forms?
Part 16.
What is the purpose of a N1 claim form?
To provide a summary of the main aspects of the claim.
This form is used regardless whether the case is to be brought in the high court or county court.
When do proceedings start?
When the court issues the claim form at the request of the claimant.
Will the court or claimant issue the N1 form?
The court will unless the claimant specifically requests to do so.
Can a claim form be served without particulars?
Yes. If it is served without the particulars these must be served within 14 days and a copy filed with the court within 7.
Once a claim is issued how long does the claimant have to serve it on the defendant?
4 months or 6 if it is outside of jurisdiction.
What are the methods for service when issuing a claim form?
First class post, delivery of a document (leaving it in a safe place), personal service or fax.
When is a claim form deemed to have been served?
The second business day after service.
What must the claimant submit to the court once they have served the claim form?
N215 certificate within 21 days.
