Commencing a Claim Flashcards by elena s

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

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

County Court Money Claims Centre

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Which court should a specified claim made online go to?

County Court Business Centre

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When may a case be started in the High Court?

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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What is the Business and Property Court?

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

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

Primarily contract & tort

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

Disputes arising over land

Trusts

Contentious inheritance

Partnership claims

Company law matters

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

When the claim form is received by the court office

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What is the maximum court fee payable by a party?

£10,000

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

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How does a claimant issue proceedings?

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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What is the claim form?

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

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

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

The precise figure, including any interest accrued

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

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

The claimant or their legal representative

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

Any partners / persons with control or management of the business

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

Any persons holding a senior position within the company

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

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)

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

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

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

Yes

(unless claim form has not been served)

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

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

What are the 3 grounds for adding or substituing a party in the claim form where the application is 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

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

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

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

Within four months from the claim form being issued

What are the 5 methods of serving the claim form?

⇨ **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

How is claim form served personally on an individual?

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

How is a claim form personally served on a partnership?

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

How is a claim form personally served on a company?

By leaving the documents **with a person holding a senior position**

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

_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

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

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

No (but fax number on **solicitor's** headed paper _is_)

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

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

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?

_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

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

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

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

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

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

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

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

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

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

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)*

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

**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

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

**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_)

What is the deadline for serving the particulars of claim?

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)