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SQE1: Dispute Resolution > Commencing a Claim > Flashcards

Commencing a Claim Flashcards

1
Q

If the value of a claim is £100,000 or less, which court must it be started in?

A

County Court

  • Money-only claims made on paper → County Court Money Claims Centre
  • Specified claims made online → County Court Business Centre
  • All other County Court claims → any County Court hearing centre
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2
Q

Which court should a money-only claim made on paper for £100k or less be made to?

A

County Court Money Claims Centre

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3
Q

Which court should a specified claim made online go to?

A

County Court Business Centre

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4
Q

When may a case be started in the High Court?

A

If the value of the case exceeds £100k (or £50k for personal injury)

and

The claim is complex or the outcome is important to the public in general

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5
Q

What is the Business and Property Court?

A

Umbrella term for several courts (eg. Commercial Court; Tech & Construction Court) that decide specialist business & other civil disputes (national & international)

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6
Q

What civil cases does the Kings Bench Division of the High Court hear?

A

Primarily contract & tort

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7
Q

What cases does the Chancery Division of the High Court hear?

A

Disputes arising over land

Trusts

Contentious inheritance

Partnership claims

Company law matters

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8
Q

For limitation purposes, when does the clock for issuing a claim ‘stop running’?

A

When the claim form is received by the court office

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9
Q

What is the maximum court fee payable by a party?

A

£10,000

The fee is based on the statement of value in the claim form

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10
Q

How does a claimant issue proceedings?

A

By sending to the appropriate court:

★ A claim form (form N1)

★ Particulars of claim

★ Documents required to be annexed by the CPR (eg. copy of any contract)

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11
Q

What is the claim form?

A

Summarises the most important aspects of the claim (substantive law & facts in support)

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12
Q

How should the details of the parties be set out in the claim form?

A

Names & statuses must be accurate

  • Individual: full, unabbreviated names & title
  • Sole traders: full name & any business name
  • Partnerships: name of the firm (not the individual partners)
  • Companies: correct registered name & address
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13
Q

How should the statement of value in a claim form be filled out for a specified claim?

A

The precise figure, including any interest accrued

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14
Q

How should the statement of value section of the claim form be filled out for an unspecified claim?

A

High Court
‘The Claimant expects to recover more than £100k’ (or £50k for PI)

County Court
Where they expect to recover:
(1) Not more than £10k
(2) More than £10k but not more than £25k
(3) More than £25k
Or that cannot say how much expect to recover

Nb. In a claim for personal injury, must also state whether the amount expected to recover as general damages for PSAL is more than £5k

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15
Q

Who can sign the statement of truth of a claim form?

A

The claimant or their legal representative

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16
Q

If the claimant is a partnership, who should sign the statement of truth in the claim form?

A

Any partners / persons with control or management of the business

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17
Q

If the claimant is a company, who should sign the claim form?

A

Any persons holding a senior position within the company

18
Q

If the statement of truth is signed by the claimant’s legal representative, what is this taken to mean?

A

That:

a) Client authorised them to do so

b) They have explained to the client that the solicitor’s signature confirms client’s belief that facts stated in document are true

c) Client was warned of possible consequences if subsequently transpires they didn’t have an honest belief in the truth (eg. contempt of court)

19
Q

Who can apply to amend the parties in the claim form?

A

An existing party or a person who wants to become a party

Nb. No one may be added or substituted as a claimant unless their consent in writing has been filed at court

20
Q

Is permission required to amend the parties in a claim form?

A

Yes

(unless claim form has not been served)

21
Q

What are the grounds for amending the parties in the claim form?

A

Depends on when application made

Application made within limitation period

  • To add new party
  • To remove a party
  • To substitute a party where the existing party’s interest or liability has passed to them

Application made outside the limitation period: can only add or substitute a new party where:

  • The original party was named by mistake
  • The original party has died/bankrupt & their interest or liability has passed to the new party
  • The claim cannot properly be carried on without the new party
22
Q

What are the 3 grounds for adding or substituing a party in the claim form where the application is made outside the limitation period?

A

Can only add or substitute a new party where:

  • The original party was named by mistake
  • The original party has died/bankrupt & their interest or liability has passed to the new party
  • The claim cannot properly be carried on without the new party
23
Q

When must the claim form be served on the defendant’s solicitors?

A
  1. When defendant has given in writing the business address of a solicitor at which they may be served with the claim form; or
  2. When defendant’s solicitor has notified claimant in writing that they are instructed to accept service of claim form on behalf of claimant
24
Q

When must a claim form be served on the other parties?

A

Within four months from the claim form being issued

25
Q

What are the 5 methods of serving the claim form?

A

⇨ Personal service

⇨ First class post or DX

⇨ Leaving the form at a specified place

⇨ By fax or other electronic means (where the party have expressly confirmed they are willing to accept this way)

⇨ Service by alternative method at the authorisation of the court

26
Q

How is claim form served personally on an individual?

A

By handing it to them (if they refuse to accept, can leave it with or near them)

27
Q

How is a claim form personally served on a partnership?

A

Left at the principal place of business with a partner or person who has control/management of the partnership

28
Q

How is a claim form personally served on a company?

A

By leaving the documents with a person holding a senior position

29
Q

When can a claim form be served by fax or other electronic means?

A

Only where the party being served have expressly confirmed that they are willing to accept this way

→ Information on letterhead only deemed express confirmation if it is a fax number on the solicitor’s headed paper

30
Q

Will an email address on the defendant or their solicitor’s headed paper be considered express confirmation of willingness to be served by email?

A

No

31
Q

Will a fax number on the defendant’s headed paper be considered express confirmation of willingness to be served by fax?

A

No (but fax number on solicitor’s headed paper is)

32
Q

Will a fax number on the solicitor’s headed paper be considered express confirmation of willingness to be served by fax?

A

Yes

(Nb. only applies to fax - not email - on solicitor’s headed paper, not defendant’s personal letterhead)

33
Q

Where should the claim form be served if there is no solicitor authorised to accept service of the claim form & the defendant has not given an address?

A

Individual
Usual or last-known residence

Sole trader
Usual or last-known residence; or
Principal or last-known place of business

Individual being sued in name of a partnership
Usual or last-known residence; or
Principal or last-known place of business of partnership

LLP
Principal office of the LLP; or
Any place of business of the LLP within the jurisdiction that has a real connection with the claim

Company
Principal office of the company; or
Any place of business of the company within the jurisdiction that has a real connection with the claim

34
Q

When is a claim form considered ‘served’ for the purposes of the ‘4 month clock’? (not same as deemed service!)

A

The 4 month period ends on the date that:

  • Personal service effected; or
  • Delivery made at the relevant place; or
  • Letter was posted or left with DX provider; or
  • Email sent or fax transmitted
35
Q

What is the time limit for serving a claim form outside the jurisdiction of England & Wales?

A

Must be served on the other parties within 6 months of the claim form being issued

36
Q

What must extra notice be included when serving a claim form outside the jurisdiction of England & Wales?

A

Notice setting out the grounds on which the claimant is entitled to serve outside the jurisdiction + evidence that England is the proper forum

37
Q

What is the deemed date of service of the claim form?

A

The second business day after the step required (eg. posting claim form) has occurred

38
Q

What is the deemed date of service for documents (except claim form)?

A

Depends if the method of service is instantaneous or not:

Instantaneous:

  • If served before 4.30pm on a business day: that day
  • If not: next business day

Non-instantaneous: the second day after it was posted, provided that day is a business day (if not, on the next business day)

39
Q

What is the deemed date of service for documents other than the claim form served by an instantaneous method?

A

Instantaneous ie.

  • Personal service
  • Delivering docs to permitted address
  • Fax
  • Email

If served before 4.30pm on a business day: that day

If not: next business day

40
Q

What is the deemed date of service for documents other than the claim form served by a non-instantaneous method?

A

Non-instantaneous ie. first class post, DX:

The second day after it was posted, provided that day is a business day *(if not, on the next business day)

41
Q

What is the deadline for serving the particulars of claim?

A

At the same time as the claim form

or

Within 14 days after service of claim form (but no later than 4 months from date of issue of claim form)

SQE1: Dispute Resolution (12 decks)

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