Civ Lit 1,2,3 Flashcards
What parts are needed to determine correct court to issue claim out of?
Factors: 7APD2.4
Part 29 CPR: multi-track
PD29 2.2, 2.3 and 2.6
Court’s discretion re costs?
CPR 44.2
SRA Code
O1.13 and IBs
What part of CPR deals with how to start proceedings?
When must a claim form be served?
Part 7 + 7A PD2(2.1 & 2.4)
CPR 16.3, 30.3 and 44.2(5).
CPR 7.5 = Methods of service of claim form and how will be deemed served
Must be served no later than 12 midnight on the calendar day four months after the date of issue.
7A PD 2.1 - stipulates proceedings may not be brought in the High Court unless they are for a sum higher than £100,000
7A PD 2.4 - h/e regardless of value CAN be brought if - financial sum is in dispute; complexity of the matter - factually, legally, procedurally; importance of the outcome to the public in general or the claimant believes it must be seen by a High Court judge.
What does CPR 16.3 provide?
CPR 16.3 provides that the statement of claim form must include the sum the claimant claims or expects to recover.
What is CPR Part 30 concerned with?
30.3?
Transfer between courts.
30.3(2) specifically deals with the matters to which the court must have regard when considering a transfer.
What does 44.2(5) define?
The ‘conduct’ of the parties re which the court has discretion to vary a costs order.
What is the calculation rule set out for periods of time in CPR 2.8?
That any reference to service of notices is to be understood per the ‘clear day’ rule.
“A period of time expressed as days shall be computed as clear days”
What does Part 6 CPR deal with?
6.14?
Service of documents.
6.14 states that docs served according to 7.5(1) are to be deemed served on the 2nd business day after completion of the relevant step.
New deemed day rules!!!! White Book commentary. Date of service when particulars of claim are attached.
Transition to new deemed day rules
6.14.5It must follow that if particulars of claim are attached to a claim form, the date of service (where served other than by first class post or DX) is the same date as for the claim form (as in CPR 6.14) and not as in CPR 6.26, which applies to service of documents other than claim forms, which would include particulars of claim when served separately from the claim form. (see Integral Petroleum SA v SCU-Finanz AG, [2014] EWHC 702 (Comm), where it seems to have been assumed that r.6.26 applied in such a case—see the judgment of Popplewell J. at para.11).
Meaning of ‘claim form’ White Book commentary 6.2.3.
“claim” “claim form”
6.2.3The meaning of “claim form” in this context is important, as it is the distinction between claim forms (as defined) and other documents relating to the proceedings that distinguishes Section II from Section III, both of which are concerned with the service of documents “in the jurisdiction” except where they are to be served on an address for service in the EEA. Before 1 October 2008, the expressions “claim” and “claim form” had, for the purposes of service out of the jurisdiction, the meanings ascribed to them by paras (h) and (i) of r.6.18. (As to the meaning of “claim form” in Section IV, see commentary following r.6.30 below.)
Rule 7.2(1) states that proceedings are started when the court issues a claim form. According to para.(c) of r.6.2, for the purposes of Pt 6, “claim form” includes, in addition, a petition and any application made before action (e.g. for an order for disclosure of documents before a claim has been made) or to commence proceedings. The definition of “claim form” does not include an application notice, except in those circumstances where it is the appropriate process for the making of an application before action.
For date of service of a claim form see r.6.14. Where the particulars of claim are contained in a separate document and are not served with the claim form, the particulars of claim are not “a claim form” for the purposes of Pt 6 and the deemed service provisions in r.6.26 will apply to the particulars of claim when served in the United Kingdom. The combined effect of rr.6.3, 6.14, 7.5(1) and 6.26 is that where the Claim Form and Particulars of Claim are separate, but delivered together, the only method of service that would give the same date of deemed service for both Claim Form and Particulars of Claim is service by first class post, or by document exchange or other service that provides delivery on the next business day. See table in Note 6APD.10.
When a claim form is issued there is (1) an original sealed claim form retained by the court, and (2) original sealed claim forms so that one can be retained by the claimant and one or more can be served on the defendants. For explanations of court practice, see Hills Contractors and Construction Ltd v Struth [2013] EWHC 1693 (TCC); [2014] 1 W.L.R. 1 (Ramsey J) at para.45; United Utilities Group Plc v Hart, 24 September 2015, unrep. (Judge Graham Wood QC) at para.5. The claim forms falling within the second category are not copies (though not infrequently misleadingly referred to as such). If a party makes an image of a claim form in that category then that would be a copy. The general rule is that, if service it to be properly effected on a defendant, a claim form in the second category must be served. See further para.6.3.2.
CPR r.81.10(2) states that, where a committal application is made against a person who is not an existing party to the proceedings, it is made against that person by an application notice under Part 23. Such a notice is “a document in which the applicant states his intention to seek a court order” (r.23.1). By operation of r.6.2(c), it is also it a “claim form” and in appropriate circumstances could be within the meaning of r.6.36 (Service of the claim form out of the jurisdiction where the permission of the court is required) (Dar Al Arkan Real Estate Development Co v Al Refai [2013] EWHC 4112 (QB); [2014] 1 C.L.C. 813 (Andrew Smith J.) paras.70 to 73.
CPR 6.20, 6.26? 6A PD 3.1 and 4.1?
- Methods of service; table describing deemed service for each method.
- How service is effected by post; by electronic means.
CPR 10.1, 10.2 and 10.3? 15.2, 15.3, 15.4 and 15.5
Procedure for filing an acknowledgement of service; consequence of not filing and ack’; period for filing ack.
If D wants to defend all or part - must file a defence; consequence; period and extension of period.
CPR Part 12? 12.1, 12.3, 12.4? 12PD3.1 and 4.1?
CPR 13.1, 13.2, 13.3?
Meaning of default judgment, conditions to be satisfied, procedure for obtaining default judgment.
Default judgment by request; evidence.
Scope of part - procedure for varying or setting aside default judgment; where must set aside; where may set aside.
What does s.13 SGSA 1982 provide?
Implies the duty to act with reasonable skill and care upon part of the provider of a service. Where not expressly laid out in a contract the act implies this term into all contracts.
