Civil Claims - Pre-Action and Statements of Case Flashcards
What are the stages of making a civil claim, and what do they entail?
- Pre-action stage
- Statements of Case
- Claim Form & Particulars of Claim; Acknowledgement of Service or Admission; Defence (+ Counterclaim) - Case Management
- Allocation to tracks; Case Management Conference - Evidence
- Disclosure, witness statements; expert reports - Trial
- Post-Trial / Enforcement / Appeal
What is the Pre-Action Protocol under the Practice Direction?
- Letter of Claim (C writes to D)
- Response Letter (within reasonable time - 21 days to 3 months). If rejected the claim, give reasons.
- Parties disclose key documents, engage in negotiations and aim for settlement.
What is the Pre-Action Protocol for Personal Injury Claims?
- Notification Letter (C writes to D; this allows D to contact insurer)
- Parties consider any medical, care or rehabilitation needs and to address them
- Full Letter of Claim (C writes to D in detail)
- D acknowledges within 14 days by letter
- D investigates the claim and writes a Response Letter within 3 months of his acknowledgement letter
- Parties disclose key documents, engage in negotiations and aim for settlement. Parties should keep a schedule of losses and explain those losses.
- Joint selection of medical/quantum expert OR C discloses report and D sends written questions
What are the rules governing commencing a claim in the High Court or County Court?
- Anything below £100,000 must be held in the County.
- Anything above £100,000 can be held in either HC or County (complexity, value, importance to the public interest, whether C believes the case should be heard by a HC judge).
Re. value of the claim, you should DISREGARD:
- Costs
- Interest
- Any counterclaim(s)?
- Any contributory negligence?
- Any deduction of social security benefits?
What are the consequences of selecting the wrong court of first instance?
Judge can order C to pay the costs of transferring the case; if incorrectly started in the High Court, any court award can be reduced by up to 25% (at the court’s discretion).
What are the two effects of properly issuing a Claim Form?
This will freeze any limitation period (e.g. a contract or tort claim’s 6-year limit).
This will start the timer for serving the Claim Form on the D.
What is the difference between ISSUING a Claim Form and SERVING a Claim Form?
Issuing a Claim Form is done at court, in order to formally start proceedings.
You then have the obligation to serve the Claim Form (and Particulars of Claim) on the defendant within a certain time period.
How do you serve a claim form?
What must you do afterwards and within what timeframe?
How long are claim forms valid for?
- Court or C/C’s solicitors can serve a claim form. The court will give a notice of issue.
- If C serves, C must issue a “certificate of service” to the court within 21 days, which certifies the serving and the address to which it was sent.
- Claim Forms are valid for 4 months but an extension, if there are good reasons, can be applied for.
Once the Particulars are served on the D, what must C do and within what timeframe?
Once the Particulars have been served, C must file a copy with the Court within 7 days (unless already done).
If the Particulars are served at the same time as the Claim Form, what must C also provide D?
A response pack. This must include:
- Form for admission;
- Form for defending;
- Form for acknowledging service.
If Particulars are not served with the Claim Form, when must this be done by?
C must also serve the Particulars within 14 days of the Claim Form (and within the Claim Form’s 4-month validity)
When serving the claim form, how do you calculate the “deemed date of service”?
It is ALWAYS 2 business day after the relevant step (e.g. sending the email or posting first class), even if the method of communication is instant.
When serving other documents (e.g. Particulars or witness statements), how do you calculate the “deemed date of service”?
INSTANT COMMUNICATION METHODS
- If done before 4:30pm on a business day, it is deemed served on the same day. If not done a business day, it will be deemed served on the next day.
FIRST-CLASS POST AND DX/DELIVERY SERVICES
- 2 days after, provided the day is a business day. (If not, it will be the next business day, e.g. Sunday to Monday).
What is a statement of truth? Which document contains it?
What are the consequences of not including a statement of truth?
A statement of truth is found in the Claim Form:
“I believe that the facts in this claim form are true.”
“The claimant believes that the facts in this claim form are true. I am duly authorised by the defendant to sign this statement…” [if C is a company]
Contains wording where signatory acknowledges that fines or imprisonment can result for contempt of court for any who makes, or causes to make, a false statement in a document which is verified by a statement of truth.
What is the percentage of interest paid judgment debts (what the other side has to pay after you win the case), e.g. £200,000 won for breach of contract.
8% interest (unless the courts deems this is unfair / against the overriding objective), maybe due to party conduct.
