Commencement Flashcards
What are the two routes for issuing claims?
Part 7 (contentious) and Part 8 (no dispute on the facts but court decision required due to law or procedure).
Where does a claim start?
A claim may start in the county court or high court depending on its value.
When do proceedings officially begin?
Upon issuing of the claim form, although this isn’t actually the first thing to happen.
What is the first thing that happens in civil procedures?
Claimant (at some point within limitation) acquires the right to bring a claim against defendant.
When is the pre-action stage? Characterise?
It’s everything prior to litigation. During this period parties should attempt to settle and/or ascertain further information.
How is a claim form deemed issued by the court?
Once it has been stamped and dated. Unless it arrives in the court earlier, in which case it is brought upon arrival in court, not when stamped.
Why is the claim form date of issue important?
The CF date of issue stops the limitation period clock running.
What is the basic value rule for allocation of claims?
Personal Injury claims over £50k should be issued in the high court, so should complex or socially important claims involving over £100k.
What is the time limit between issuing a Part 7 claim form and particulars of claim?
Particulars of claim are often included alongside CF, but where they’re not, they must be issued within 14 days.
What is a crucial principle of value allocation?
The £100k figure is a floor of the High Court Jurisdiction, but it is not a ceiling for the County Court. The two aren’t mutually exclusive.
Where should straightforward contractual disputes under £100k be allocated?
County Court
Where should complex contractual disputes under £100k be allocated?
County Court
Where should straightforward contractual disputes over £100k be allocated?
County Court
Where should straightforward contractual disputes where the claim is less than £100k but with potential interest exceeds this be allocated?
County Court
Where should personal injury claims concerning over £50k be allocated?
County Court
Where should personal injury claims with contributory negligence that may reduce the award to under £50k?
County Court
What use does contributory negligence play in valuing a claim for the purposes of allocation?
Contributory negligence should be discounted in calculating the value of a claim unless it is admitted (per High Court and County Court Jurisdiction Order a.9(4)(b)).
Where should complex or socially important contractual disputes over £100k be allocated?
High Court
Where should complex or socially important personal injury claims concerning over £50k be allocated?
High Court
Where should mixed claims involving personal injury be allocated?
Should only be allocated to the high court if the estimated PI award is worth over £50k AND it is complex.
How should multiple claims on the same facts be issued?
A single claim form can be used to start all claims that may be disposed of in the same proceedings
(e.g. tort and contract from same facts against different Ds)
How should claims against Estates of deceaseds be issued?
Issued to their personal representatives before expiry of limitation - if there isn’t one, an application to appoint personal representatives should be made.
What are claimants general responsibilities for claims?
They must sign the claim form AND particulars when sent separately, and are responsible for the correctness of the paperwork.
How many statements must be included in a Part 8 Claim Form?
6 statements must be made on a Part 8 CF.
What is the 1st statement that must be made on a Part 8 Claim Form?
That Part 8 applies to this claim.
What is the 2nd statement that must be made on a Part 8 Claim Form?
If C wants the court to decide a question, what that is.
What is the 3rd statement that must be made on a Part 8 Claim Form?
If seeking a remedy, what the remedy is and its legal basis.
What is the 4th statement that must be made on a Part 8 Claim Form?
If the claim is being made under an enactment, what that is.
What is the 5th statement that must be made on a Part 8 Claim Form?
If the claimant is acting as a representative, what capacity that is in.
What is the 6th statement that must be made on a Part 8 Claim Form?
If the defendant is being sued in a representative capacity, what that is.
Why might a Part 8 claim be preferred?
to answer a question of law, simply provide remedy, to validate a representative capacity.
When should Part 8 be used?
For undisputed claims only.
What should defence do in response to a Part 8 Claim?
There’s no need to file defence. Can just file an acknowledgement of service of the claim form within 14 days and state no contest.
What must be filed at the same time as Part 8 Claim Form?
A part 8 claim form must have its written evidence filed at the same time. If D want to rely on evidence, this should be filed WITH acknowledgement of service
When should evidence be served in a Part 8 claim?
A Part 8 claimant must file their written evidence along with the claim form; D should file written evidence at same time as their acknowledgement.
What flexibility exists for serving evidence in part 8 claims?
If C and D agree in writing, the time C has to file evidence in response to Ds evidence may be extended to 28 days.
What use are Part 8 Claims for juveniles?
Courts use part 8 to ensure children get fair settlements. Opinions are heard and then a decision on fairness is taken.
What happens if D don’t issue acknowledgement of service in Part 8 Claims?
They can’t rely on evidence and may not be able to participate in proceedings.
What rules do not apply to Part 8 claims?
Part 16 (statements of case) and Part 15 (defence and reply)
Where are Part 8 claims heard?
Per 8.9, Part 8 claims are treated as allocated to the multi-track.
CPR 7?
How to start proceedings - the claim form
CPR PD 7A?
Practice Direction: How to start proceedings - the claim form
CPR 8?
Alternative procedure for claims
Can claims be issued anonymously?
No - identity must be revealed to court and parties, and then you can apply for an anonymity order.
Where should Part 7 claims for specified or unspecified amounts of money be issued?
P7 monetary claims should be issued in the County Court Money Claims Centre.
Can multiple issues be put in 1 claim form?
Yes - 1 claim form can start all claims which can be conveniently disposed of in the same proceedings without requiring court permission even if multiple parties.
What is meant by claims that can be conveniently disposed of in the same proceedings?
The test is simply that - its plain english reading, could include considerations of pre-trial procedures too.
When are particulars of claim served?
Either WITH the claim form or within 14 days after service but no later than the latest time for claim form service.
What is the latest a claim form can be served?
A claim form must be served before 12.00 midnight 4 months after date of issue (in UK); (out of UK 6 months)
When can the time for serving a claim form be extended?
when the court or claimant has taken reasonable steps to serve the claim form and failed to do so, there is good reason to extend, and C promptly applied for an extension.
What are not adequate reasons for requiring a claim form service extension?
difficulties in preparing schedules; mistakes in sending; sending on the final day.
