Civil Procedure Rules: commencing litigation

Question 1

CPR 6.9

Answer 1

Service of the claim form where the defendant does not give an address at which the defendant may be served

1. Individual: usual or last known address
2. Individual being sued in the name of a business: usual or last known residence or principle or last known place of business
3. Individual being sued in the business name of a partnership: usual or last known residence of the individual; or principal or last kn own place of business of the partnership
4. Limited liability partnership: principal office of the partnership; or any place of business of the partnership within the jurisdiction which has a real connection with the claim
5. Corporation (other than a company) incorporated in England and Wales: Principal office of the corporation or any place within the jurisdiction where the corporation carries on its activities and which has a real connection with the claim
6. Company registered in England and Wales; principal office of the partnership; or any place of business of the partnership within the jurisdiction which has a real connection with the claim
7. Any other company or corporation: Any place within the jurisdiction where the corporation carries on its activities; or any place of business of the company within the jurisdiction

Question 2

CPR 6.14

Answer 2

Deemed service
A claim form served within the United Kingdom in accordance with this Part is deemed to be served on the second business day after completion of the relevant step under rule 7.5(1).

Question 3

CPR 6.26

Answer 3

Deemed service

1. First class post: deemed the second day after it was posted, provided the day is a business day or the next business day after that day
2. Document exchange: the second day after it was left as long as it is a business day, it not then the next business day after that day
3. Delivering the document to or leaving it at a permitted address: on a business day before 4:30pm or the next business day after that day
4. Fax: transmission before 4:30pm on the business day or the next business day after the day it was transmitted
5. Other electronic method: on business day if sent before 4:30pm, if not then the next business day after the day on which it was sent
   5: Personal service: if served before 4:30pm on a business day or the next business day after that day

Question 4

CPR 7.5

Answer 4

Service of a claim form

1. First class post: needs to be posted
   2: Delivery of the document to or leaving it at the relevant place: need to deliver the document
   3: personal service under rule 6.5: need to complete relevant step required by rule 6.5(3)
2. Fax: need to complete transmission of the fax
3. Other electronic method: need to send the email or other electronic transmission

Question 5

What are the steps from letter of notification to stocktake before litigation is commenced?

Answer 5

1. letter of notification
   - A claim should send sent a letter to notify
2. Letter of claim
   - A more detailed letter
3. Response
   - Defendant has 21 days to respond to the notification
   - Then the defendant will have 3 moths to investigate the claim
4. Disclosure
   - Exchange documents they have that are material to the dispute
5. Experts
   - Both parties can make a list of the experts they wish to use
6. Litigation
   - Last resort
7. Stocktake
   - The final consideration as to whether the litigation can be avoided and if there are any last minute chances to avoid it
   - If this has not been possible, cassia will be invited to accept the service of claim form and nominate a solicitor (she would probably have had legal advice to issue the form)

Question 6

What is a preliminary notice?

Answer 6

Instead of letter of notice there is a preliminary notice for professional negligence claims

Question 7

What is professional indemnity insurance?

Answer 7

Insurance which is taken out by professionals to cover them for negligence (accountancy, surveyors etc)

Question 8

What form do you send for a claim form?

Answer 8

N1 Form