Commencing And Responding To A Claim

Question 1

What is the overriding objective of practice direction of courts?

Answer 1

Court should ensure that each party is on equal footing as much as possible

Question 2

What value of claims must be started in county vs high court?

Answer 2

If it is less than £100k county if more then £100k then high court

Question 3

Where must money only claims made on paper pass through?

Answer 3

Must be sent to the county court money claims centre

Question 4

What types of claims are held in high court queens bench division?

Answer 4

Primary actions in contract and tort

Question 5

What types of claims are held in high court chancery division?

Answer 5

Disputes over land, trusts and wills and company law

Question 6

What types of claims in high court family division?

Answer 6

family disputes

Question 7

What must be stated about the value of claims in county courts?

Answer 7

• Whether it is less than £10k
• Whether it is between £10k-£25k
• More then £25k

Question 8

What must be included on the claims form?

Answer 8

Parties + value + Statement of truth (solicitor or C) +Facts of claim and remedies they seek.

Question 9

What are the time limits for claim form, particulars of claim and defence ?

Answer 9

• 4 months after claim is issued to serve claim form
• up to 14 days after that to serve particulars of claim
• Acknowledgment of service can be 14 days after particulars
• this then extends time to 28 days to defend the claim

Question 10

Can C serve a claim form on D’s solicitor ?

Answer 10

If it is expressly stated that D permits this.

Question 11

What is deemed service ?

Answer 11

second business day after the step required has occurred.

Question 12

What is default judgment ?

Answer 12

Where D does nothing in response of claim is automatic judgment (doesn’t file defence or acknowledgement within 14 days of being served)

Question 13

What is the procedure for default judgment ?

Answer 13

C makes application for default judgment and must satisfy that:
- particulars have been served
- defendant has not filed acknowledgment of service or defence within time period

Question 14

Under what grounds can D defend a default judgment

Answer 14

Mandatory ground and discretionary ground.

Question 15

What is the mandatory ground in default judgments ?

Answer 15

If default judgment was entered into too early - must file application notice + witness statement.

Question 16

What is the discretionary ground in default judgment ?

Answer 16

Court has power to set aside where A) D has real prospect of defending the claim or B) Other good reason they should be allowed to defend claim.

Application is made on a N244 form

Question 17

When can a C discontinue a claim. What if multiple C’s ?

Answer 17

At any time during proceedings.

If multiple C every other C must consent in writing or court gives permission.

Question 18

What are Tomlin orders in settlement ?

Answer 18

Stays the claim on agreed terms set out in the order. Are confidential

Question 19

How can a D dispute jurisdiction?

Answer 19

Must state this on the acknowledgment of service form, D then has 14 days to make a challenge

Question 20

What should a D do if they wish to issue a counter claim In response to C’s claim?

Answer 20

File their defence and counter claim in same document if possible

Document is called defence and counterclaim

Question 21

When is the email deemed served ?

Answer 21

The same day unless it’s after 4:30pm then it is the next day

Question 22

What must be included in a Tomlin order for it to be effective ?

Answer 22

A term giving each party the ability to apply to court if the other party does not comply with the settlement