Commencing and Responding to Claims Flashcards
What claims must be started at the County Court?
Claims valued at £100,000 or less
What claims may be started at the High Court?
Claims valued at over £100,000
What is the position regarding personal injury claims?
Personal injury claims may be started in the High Court if valued at £50,000 or more
What is the role of the Civil National Business Centre (CNBC) in relation to the County Court?
Issues most civil claims and retains those that are undefended. All money-only claims made on paper must be sent to CNBC. If hearing is required, cases are transferred to County Court
What does the Money Claim Online (MCOL) allow?
Allows claimants to make claims online for specified sums for amounts up to £100,000
If a solicitor signs a statement of truth do they do so in their own name or that of their firm/employer?
Legal representatives sign statements of truth in their own name and not that of their firm or employer, but should state the capacity in which they sign and add the name of their firm where appropriate
What is the default position in regard for place of service?
Individual = usual or last known residence
Sole trader = usual or last known residence; or principal or last known place of business
Partnership = usual or last known residence of the individual; or principal or last known place of business of the partnership
LLP = principal office of the partnership; or any place of business of the partnership 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
What is the position regarding deemed service of the claim form per Rule 6.14?
Indisputable presumption that the claim form has been served on the 2nd business day after the step required has occurred
What days are outside of business days?
Weekends, bank holidays, Good Friday and Christmas Day
What is the position regarding deemed service for other documents per rule 6.26?
Methods of service including: personal service, delivering the document to a permitted address, fax or email = if served before 16:30 on a business day then same day. If not, the next business day
First class post or DX = second day after if posted on a business day, if not the next business day
When may the particulars of a claim be served?
Either at the same time as the claim for; or
Within 14 days after service of the claim form (but no later than 4 months after the date of issue of the claim form)
What happens if a claim form is served outside the jurisdiction of England and Wales?
The CPR allows extra time, document must be served on the other parties within 6 months of being issued
Can the claimant serve proceedings to EU Member States?
In order to do so the claimant must obtain permission. However, if the contract contains an English jurisdiction clause, no permission is needed
What 3 options does the defendant have to respond to a claim?
Admission
Acknowledgment of service
Defence
