Commencing a claim, responding to a claim, progressing a claim

Question 1

The following claims MUST be commenced in the County Court:

Answer 1

*Claims worth £100,000 OR less (except claims regarding media and communications work).
*PI claims worth £50,000 OR less.

Question 2

Claims falling within the County Court jurisdiction CAN be started in the HC IF there is a reason to believe that they should be heard by a HC judge for reasons such as the following:

Answer 2

*Financial value of the claim AND the amount in dispute.
*Complexity of the facts, legal issues, remedies, OR procedures.
*Importance of the outcome of the claim to the public in general.

Question 3

Absence of special reasons claims worth less than £100,000 that have been commenced in the HC WILL generally be transferred to?

Answer 3

the County Court UNLESS there is another specific requirements for them to be tried in the HC.

Question 4

Following claims SHOULD be commenced in the HC (though there is the option to commence them in the County Court):

Answer 4

• Claims worth more than £100,000 OR £50,000 for PI claims, where –
  Case has complex facts.
  Outcome of the case has a public interest element.
• Claim for damages OR for an unspecified sum is started in the HC, the claim force MUST state –
  Claimant expects to recover more than £100,000 (or £50,000 OR more if the claim is for PI)
  OR
  Some enactment provides that the claim CAN only be commenced in the HC and specify that enactment
  OR
  That the claim is to be in one of the specialist HC lists AND specify that list.

Question 5

Specialist courts -
The Chancery Division:

Answer 5

Insolvency and companies court.
IP
Enterprise court
Patent court

Question 6

Specialist courts -
The King’s Bench Division:

Answer 6

Administrative court
Admiralty court
Commercial court
Commercial circuit court
Technology and construction court.

Question 7

Typical claims -
The Chancery Division:

Answer 7

equity
Trusts
Commercial land
Tax
IP
Land
Business disputes, contentious probate, regulatory work, bankruptcy.
Professional negligence.

Question 8

Typical claims -
The King’s Bench Division:

Answer 8

JR
Defamation
Breach of contract
Negligence and other tortious conduct
PI
Non-payment of debts.
Breaches of the HRA 1998.
Breaches of statutory duty.

Question 9

Business and property courts: Umbrella term and user-friendly name for…

Answer 9

a number of the specialist jurisdictions of the HC.

Question 10

HC, the Business and Property courts encompass the following specialist courts and lists:

Answer 10

*The commercial court (King’s Bench Division).
*The Admiralty Court (KBD)
*Circuit commercial court (KBD).
*Technology and construction court (KBD)
*The financial list (KBD/CD)
*Business list (CD)
*Insolvency and companies list (CD).
*IP list including patents court, and the IP & Enterprise court (CD).
*Property, Trusts, and probate list (CD).
*Competition list (CD).
*Revenue list (CD).

Question 11

Issuing a claim form:

Answer 11

Claimant MUST file with the court:
Claim form (N1 with court fee).
Particulars of claim (included in form OR attached separately).
Supporting evidence.

Question 12

Court will seal the claim form,
Allocate a claim number
AND…

Answer 12

claim will be considered formally issued.
Limitation time period stops running.
Claim form is valid for 4 calendar months, in which to serve on defendant.

Question 13

Adding a party -
Within a limitation period:
Court can order a person to be added if…

Answer 13

Desirable to add the new party so the court can resolve all the matters in dispute
OR
Issue involving the new party and an existing party which is connected to the matters in dispute in the proceedings
AND it is desirable to add the new party so the court can resolve that issue.
No one CAN be added as a claimant UNLESS their consent in writing has been filed at court.

Question 14

Adding a party -
Outside limitation period:
Court can add a party if…

Answer 14

Relevant limitation period was current when proceedings started
AND the addition is necessary.
Necessary means:
Original party was named by mistake
OR original party has died OR is subject to a bankruptcy order
AND their interest or liability has passed to the new party
OR claim CAN’T be properly carried on without the new party.

Question 15

Substituting a party -
Within a limitation period:
Court can order a new party to be substituted for an existing one IF…

Answer 15

Existing party’s interest or liability has passed to the new party
OR desirable to substitute the new party so that the court can resolve the matters in dispute in the proceedings.
No one CAN be substituted as a claimant UNLESS their consent in writing has been filed at court.

Question 16

Substituting a party -
Outside limitation period:
Court can substitute a party IF…

Answer 16

Relevant limitation period was current when proceedings started
AND addition is necessary

Question 17

Necessary means:

Answer 17

Original party was named by mistake
OR original party has died OR is subject to a bankruptcy order
AND their interest or liability has passed to the new party
OR claim CAN’T be properly carried on without the new party.

Question 18

Removing a party -
Within limitation period:

Answer 18

Court can order any person to cease to be a party IF
it ISN’T desirable for that person to be party to the proceedings.

Question 19

Method of service -
Personal service:
Steps taken & where to service if no solicitor authorised to accept service:
Individual?

Answer 19

claim should be left with individual by handing it to them at the usual/last known address.

Question 20

Method of service -
Personal service:
Steps taken & where to service if no solicitor authorised to accept service:
Partnership?

Answer 20

claim should be left with partner or person who has control or management of the partnership business at the usual/last known residence of the individual OR principal/last known place of business of the partnership.

Question 21

Method of service -
Personal service:
Steps taken & where to service if no solicitor authorised to accept service:
Company/LLP?

Answer 21

claim should be left with a person holding senior position within the company/LLP at the principal office of the company/LLP or any place of business of the company/LLP within the jurisdiction that has a real connection with the claim.

Question 22

Method of service -
Leaving the claim form at a specified place:
Steps taken & where to service if no solicitor authorised to accept service:
Individual?

Answer 22

leaving the document at the usual/last known residence.

Question 23

Method of service -
Leaving the claim form at a specified place:
Steps taken & where to service if no solicitor authorised to accept service:
Individual t/a business?

Answer 23

leaving the document at the usual/last known residence of the individual or principal/last known place of business.

Question 24

Method of service -
Leaving the claim form at a specified place:
Steps taken & where to service if no solicitor authorised to accept service:
Partnership?

Answer 24

leaving the document at the usual/last known residence of the individual partner OR principal/last known place of business of the partnership.

Question 25

Method of service - Leaving the claim form at a specified place: Steps taken & where to service if no solicitor authorised to accept service: Company/LLP?

Answer 25

leaving the document at the principal office of the company/LLP OR any place of business of the company/LLP within the jurisdiction that has a real connection with the claim.

Question 26

Method of service - 1st class post, DX: Steps taken & where to service if no solicitor authorised to accept service: Post/DX?

Answer 26

validly served if send by 1st class post OR if leaving the document with or having it collected by the DX service provider to.

Question 27

Method of service - 1st class post, DX: Steps taken & where to service if no solicitor authorised to accept service: Individual?

Answer 27

usual/last known residence.

Question 28

Method of service - 1st class post, DX: Steps taken & where to service if no solicitor authorised to accept service: Individual t/a business?

Answer 28

usual/last known residence of the individual or principal/last known place of business.

Question 29

Method of service - 1st class post, DX: Steps taken & where to service if no solicitor authorised to accept service: Partnership?

Answer 29

usual/last known residence of the individual partner OR principal/last known place of business of the partnership.

Question 30

Method of service - 1st class post, DX: Steps taken & where to service if no solicitor authorised to accept service: Company/LLP?

Answer 30

principal office of the company/LLP or any place of business of the company/LLP within the jurisdiction that has a real connection with the claim.

Question 31

Method of service - Fax or other form of electronic communication: Steps taken & where to service if no solicitor authorised to accept service:

Answer 31

Provided they have confirmed they are willing to accept service by fax/email: Completing of the transmission of the fax. Sending the email.

Question 32

Method of service - Any other method authorised by the court: Steps taken & where to service if no solicitor authorised to accept service:

Answer 32

Court can authorise the service by other methods.

Question 33

Permission ISN’T required to serve a claim form for outside the jurisdiction for proceedings in?

Answer 33

Scotland OR Northern Ireland, where the English court has jurisdiction.

Question 34

Within the UK: MUST be no parallel proceedings elsewhere in the UK AND at least one of the following conditions MUST apply:

Answer 34

Defendant is domiciled in the UK. English court has exclusive jurisdiction. Defendant is party to an English jurisdiction agreement.

Question 35

Not necessary to obtain the court’s permission to serve the claim form outside the jurisdiction where:

Answer 35

Court has power to determine the claim under the Hague Convention AND the defendant is party to an exclusive jurisdiction clause to which the Hague Convention applies AND There is a jurisdiction clause that the English courts have jurisdiction to determine the claim. Claim DOESN’T fit within the above, court’s permission is required to serve the proceedings out of the jurisdiction.

Question 36

Enables the court to exercise jurisdiction where the subject matter of the dispute has sufficient connection with?

Answer 36

England by fitting within one of the jurisdictional gateways (key common law gateways).

Question 37

Permission obtained, service needs to be carried out within?

Answer 37

6 months of being issued in accordance with the procedures and law of the country commenced.

Question 38

Deemed service of claim form:

Answer 38

Claim form is deemed served on the second business day after the relevant step is taken.

Question 39

Deemed service of documents other than claim form:

Answer 39

(e.g., particulars of claim if served separately and the defence). * Personal service, leaving the claim at a specified address, fax, email – if served before 4.30pm on a business day, on that day. If not, next business day. * 1st class post or DX – second day after it was posted provided that day is a business day. If not, on the next business day.

Question 40

4-month time limit to serve?

Answer 40

claim form.

Question 41

Particulars of claim CAN be served at same time as claim form OR?

Answer 41

with 14 days after service of the claim form (BUT within the 4-month time limit within which the claim form was issued).

Question 42

Within 21 days of service of claim form one MUST file?

Answer 42

certificate of service with court.

Question 43

Where it proves difficult to serve the defendant with the claim form at the place OR by the method stipulated the court can:

Answer 43

Make an order permitting service by a method OR at a place not otherwise permitted where it appears that there is a good reason to do so. Make an order that steps already taken to bring the claim form to the attention of the defendant by an alternative method, OR at an alternative place is good service.

Question 44

When served with the particulars of claim, the defendant has three ways to respond included in the response pack (Form N9):

Answer 44

File an acknowledgement of service File a defence and/or counterclaim. File an admission.

Question 45

Defendant has 14 days to respond to the service of particulars of claim not the claim form alone, UNLESS...

Answer 45

the claim form has the particulars of claim attached.

Question 46

If the defendant ignores the claim, the claimant WILL apply for?

Answer 46

judgment in default.

Question 47

Specified claims (debt claims) - Admission of whole claim:

Answer 47

Defendant MUST provide – details of income, expenditure, proposal of payment (Form N9A). Claimant MUST: Accept proposal OR Object to proposal, in which case court WILL decide appropriate rate of payment.

Question 48

Specified claims (debt claims) - Admission of part claim:

Answer 48

Defendant CAN admit only part of claim for specified amount. Claimant MUST within 14 days: Accept part admission in full satisfaction OR accept part admission BUT not the proposal for payment and let court decide OR reject offer and proceed with their claim.

Question 49

Unspecified claims (damages claims) - Admission of a claim (no offer made):

Answer 49

Defendant admits liability BUT no offer is made (Form N9C). Court will send Form N9C to claimant for completion and return within 14 days. Claimant requests judgment to be entered AND for an amount in damages to be decided by court (disposal hearing).

Question 50

Unspecified claims (damages claims) - Admission of a claim (offer made):

Answer 50

Defendant admits liability and offers a sum of money. Claimant MUST decide whether to accept or reject the offer. Offer accepted, judgment WILL be entered for amount offered. Rejected, will enter judgment for damages at a disposal hearing.

Question 51

Acknowledgement of service:

Answer 51

Filing acknowledgement of service by the defendant extends the period to file a defence from 14 days to 28 days after service of the particulars of claim. Acknowledgment of service form is part of the response pack (Form N9).

Question 52

Defence and/or counterclaim:

Answer 52

Defence MUST be filed within 14 days of service of particulars of claim OR 28 days from filing of acknowledgment of service. As part of the defendant’s response, defendant CAN pursue a counterclaim against a claimant. The filing of a defence CAN be extended by agreement between the parties (without court involvement) for a period of up to 28 days.

Question 53

Disputing the court’s jurisdiction:

Answer 53

Disputing the court’s jurisdiction MUST be indicated on the Acknowledgement of Service. MUST make an application to the court within 14 days disputing its jurisdiction. MUST be supported by evidence why E&W ISN’T the proper forum. Granted, claim will be set aside, and proceedings closed.

Question 54

Defendant DOESN’T file an Acknowledgment of service OR defence within the time limit, claimant MUST?

Answer 54

enter a judgment in default.

Question 55

Specified claim will be calculated for?

Answer 55

a final sum of money and proceed to enforcement.

Question 56

Unspecified claim judgment is for damages to be determined at?

Answer 56

a disposal hearing.

Question 57

Judgment in default CAN be set aside either on: and judge can make one of the following orders?

Answer 57

* Mandatory grounds – judgment entered BEFORE expiry of time for filing acknowledgement of service or defence, or claim has been paid in full. Judgment will be set aside: * Discretionary grounds – Real prospect of successfully entering a defence OR some other good reason why the judgment should be set aside. Then the defendant MUST apply promptly by filing an application notice (Form N244) with a witness statement. Judgment is set aside AND the defendant is allowed to defend the court proceedings OR judgment against the defendant stands and the claimant can enforce the judgment OR judgment is set aside on the condition that the defendant pays monies into court.

Question 58

Discontinuance:

Answer 58

Discontinuance halts the action. Claimant CAN discontinue without seeking leave of the court (UNLESS the court granted an interim injunction, or any party has given an undertaking to the court). Claimant has received an interim payment either the defendant MUST consent in writing OR the court gives permission. Claimant MUST file a discontinuous stating that a copy has been served on every party to the proceedings and attaching a copy of the consent. Claimant will be liable for the cost of the proceedings on a standard basis.

Question 59

Settlement:

Answer 59

Pre-action After proceedings issued: Consent order Tomlin order

Question 60

Pre-action consent order SHOULD?

Answer 60

be drafted to end the proceedings in return for a settlement sum. Order is breached, fresh proceedings will need to be issued.

Question 61

Consent order:

Answer 61

terms of the settlement can be recorded in a formal court order.

Question 62

Tomlin order:

Answer 62

court order where the claim is stayed on terms agreed between the parties in a confidential schedule attached to the order.

Question 63

The formal documents in which each party concisely sets out their case. These include:

Answer 63

Claim form Particulars of claim Defence Reply to defence

Question 64

Statements of case SHOULD identify?

Answer 64

the issues to be determined thereby allowing the parties to direct their evidence AND submissions on law.

Question 65

Statements of case should only plead:

Answer 65

Material facts (no evidence) Facts relevant to the action (not background facts) Refer to any point of law on which claim, or defence is based. Name any witnesses a party proposes to call. Attach any document which is necessary to the claim or defence.

Question 66

Court WILL NOT normally allow a party to pursue an issue OR...

Answer 66

claim a remedy not stated in the statement of case UNLESS addressed in subsequent documentation.

Question 67

Subsequent statement of case MUST NOT...

Answer 67

contradict OR be inconsistent with an earlier one.

Question 68

Heading - information required in a claim form

Answer 68

Insert details of the relevant court Court will assign a claim number Date of issue will be inserted.

Question 69

Parties - information required in a claim form

Answer 69

Ensure defendant’s name is accurately described with full address and postcode OR claim will be struck out. Follow the specific rules on how to describe individuals, sole traders, partnership, and companies.

Question 70

Brief details of claim - information required in a claim form

Answer 70

Insert concise statement of the nature of the claim and the remedy sought.

Question 71

Statement of case - information required in a claim form

Answer 71

Specified claims, amount claimed plus interest. Unspecified claims, in County Court MUST state one of the following values: Not more than £10K. More than £10K BUT NOT more than £25K. More than £25K. OR CAN’T say how much they expect to recover. Court fee payable on issue is based on the statement of value (up to a maximum of £10K).

Question 72

Preferred county court hearing centre - information required in a claim form

Answer 72

Claimant SHOULD include a named court convenient to them though the court can transfer the claim AFTER it has been issued (if appropriate).

Question 73

Defendant’s address for service -information required in a claim form

Answer 73

Defendant’s title, full name, address OR postcode OR solicitor’s details if they have been instructed to accept service on behalf of defendant.

Question 74

Particulars of claim - information required in a claim form

Answer 74

Set out the details of the claim within the claim form or separately by way of particulars of claim.

Question 75

Statement of truth - information required in a claim form

Answer 75

Confirms the facts stated in it are true, signed by claimant or solicitor.

Question 76

Address for service - information required in a claim form

Answer 76

Insert claimant’s address or solicitor’s address.

Question 77

Parties & status - content of a particulars of claim form (contract)

Answer 77

Sets out the parties. Confirms their status e.g., a business.

Question 78

Parties & status - content of a particulars of claim form (tort)

Answer 78

Sets out the parties. Confirms their status e.g., a business.

Question 79

Facts - content of a particulars of claim form (contract)

Answer 79

Set out the chronological events of what has happened. Include material facts.

Question 80

Facts - content of a particulars of claim form (tort)

Answer 80

Set out the chronological events of what has happened. Include material facts.

Question 81

Contract terms or relevant duty of care - content of a particulars of claim form (contract)

Answer 81

Establish existence of contract (date, parties, subject, consideration, material terms). Written contract, include copy of the contract.

Question 82

Contract terms or relevant duty of care - content of a particulars of claim form (tort)

Answer 82

Set out the relevant duty of care and why the defendant owed it to the claimant.

Question 83

Breach alleged - content of a particulars of claim form (contract)

Answer 83

Specify which contract terms have been breached and how by the defendant.

Question 84

Breach alleged - content of a particulars of claim form (tort)

Answer 84

Specify the breach of duty of care by the defendant.

Question 85

Consequences of breach (contract) or causation (tort) - content of a particulars of claim form (contract)

Answer 85

Set out the nature of losses (direct and indirect) caused by the defendant’s breach.

Question 86

Consequences of breach (contract) or causation (tort) - content of a particulars of claim form (tort)

Answer 86

Set out the causation link to the defendant.

Question 87

Damages - content of a particulars of claim form (contract)

Answer 87

Set out damage and losses alleged and then itemise.

Question 88

Damages - content of a particulars of claim form (tort)

Answer 88

Specified claim – set out nature and amount of losses. Unspecified claims – indicate the range of damages they are seeking.

Question 89

Interest - content of a particulars of claim form (contract)

Answer 89

Interest will only be awarded if specifically claimed. Refer to rules on calculating interest.

Question 90

Interest - content of a particulars of claim form (tort)

Answer 90

Interest will only be awarded if specifically claimed. Refer to rules on calculating interest.

Question 91

Statement of truth - content of a particulars of claim form (contract)

Answer 91

Confirms the facts stated in it are true. Signed by claimant OR solicitor.

Question 92

Statement of truth - content of a particulars of claim form (tort)

Answer 92

Confirms the facts stated in it are true. Signed by claimant OR solicitor.

Question 93

Defence MUST respond to each allegation in...

Answer 93

the particulars of claim by answering each paragraph of the claim.

Question 94

Defendant who fails to deal with an allegation is taken to...

Answer 94

admit it (rule of implied admissions). Defendant MUST ensure every allegation is dealt with.

Question 95

Defendant can respond to each allegation in one of three ways:

Answer 95

Admit by allegation. DON’T admit the allegation (non-admission) AND require proof from the claimant as to its truth, made where the defendant has no knowledge of the matter alleged. Deny the allegation (MUST explain their reasons for denial, offer their own version of events AND explain how it differs from the claimant).

Question 96

Content of a defence - Court:

Answer 96

The name of the court should be set out.

Question 97

Content of a defence - Claim number:

Answer 97

Include the claim number allocated on issue of proceedings as set out in the claim form.

Question 98

Content of a defence - Parties:

Answer 98

Include the name of the claimant and the defendant

Question 99

Content of a defence - Title:

Answer 99

Document should be clearly headed ‘defence’.

Question 100

Content of a defence - Point by point response:

Answer 100

Ensure each allegation is admitted, NOT admitted OR denied. Defendant alleges by the claimant causation, failure to mitigate, contributory negligence, OR expiry of the relevant limitation period, details SHOULD be given by the defendant.

Question 101

Content of a defence - Legal Representative:

Answer 101

Date and signature of solicitor in the name of the firm.

Question 102

Content of a defence - Statement of truth:

Answer 102

Confirms the facts stated in it are true. Signed by claimant OR solicitor.

Question 103

Purpose, structure, and content of a reply to defence:

Answer 103

Reply to defence CAN be necessary where the defence has raised issues that were not included in the particulars of claim. Claimant who DOESN’T file a reply ISN’T taken to admit the matters raised in the defence.

Question 104

Part 20 claim is either a –

Answer 104

Counterclaim – claim by the defendant against the claimant OR Additional claim – claim by the defendant for a contribution, indemnity, OR other remedy from a third person whether OR not they are a party to the proceedings.

Question 105

Particulars of counterclaim are filed at the same time as the...

Answer 105

defence, court permission ISN’T required.

Question 106

Particulars of counterclaim are filed after the...

Answer 106

defence, then court’s permission IS required.

Question 107

Claimant MUST file a defence in counterclaim within 14 days, failing which?

Answer 107

defendant CAN enter judgment in default on the counterclaim.

Question 108

Defence and counterclaim SHOULD be?

Answer 108

titled defence and counterclaim AND divided into 2 sections dealing firstly with defence and then counterclaim within single document.

Question 109

Drafting a counterclaim, rules applicable to...

Answer 109

drafting a particulars of claim SHOULD be followed.

Question 110

Additional claim filed at the same time as the...

Answer 110

defence, court permission NOT required.

Question 111

Particulars of additional claim MUST be served with...

Answer 111

defence within a single document.

Question 112

Purpose, structure, and content of a defence to part 20 claim: (3 elements)

Answer 112

*Claimant has 14 days to file a defence to a counterclaim. *An extension of up to 28 days CAN be agreed by the parties. *Claimant MUST file a defence to the counterclaim to prevent a judgment in default.

Question 113

Requests for further information about statements of case (part 18 request) - Party requesting further information MUST:

Answer 113

Serve a written request on the other party AND allow a reasonable time to respond. Ensure the request is concise, relevant, and proportionate. Headed with the name of the court, title, claim number AND be identified as a part 18 request.

Question 114

Requests for further information about statements of case (part 18 request) - Party receiving the request MUST:

Answer 114

Respond in writing to the request (dated and signed by the solicitor). Serve it on all the parties and file with the court. Accompany the response with a statement of truth.

Question 115

Before service - Before expiry of Limitation Period:

Answer 115

At any time

Question 116

Before service - After Expiry Of Limitation Period:

Answer 116

If the limitation period has expired the defendant has an absolute defence. Court CAN allow an amendment only if: To add or substitute a new claim IF it arises out of the same or substantially the same claim OR to correct a genuine mistake as to the name of a party OR to alter the capacity in which a party claims.

Question 117

After Service - Before Expiry of Limitation Period:

Answer 117

Either With the written consent of all parties OR permission of the court. Court has discretion in whether to grant the application taking into account the injustice to the applicant IF amendment refused vs injustice to the defendant if amendment permitted.

Question 118

After Service - After Expiry of Limitation Period:

Answer 118

If the limitation period has expired the defendant has an absolute defence. Court CAN allow an amendment only if: To add or substitute a new claim IF it arises out of the same or substantially the same claim OR to correct a genuine mistake as to the name of a party OR to alter the capacity in which a party claims.