Commencing And Serving Proceedings

Question 1

Which part of the CPR concerns which court is to be used to start proceedings

Answer 1

CPR 7.1
PD 7A, paras 1, 2.1-2.5

Question 2

For a claim OTHER THAN PERSONAL INJURY, what is the amount required for it to start in the High Court?

Answer 2

More than £100,000

Question 3

For a claim OTHER THAN PERSONAL INJURY, what amount must the claim be to start in the county court?

Answer 3

Any value £100,000 or below

Question 4

For claims of PERSONAL INJURY, what amount must the claim be to start in the High Court?

Answer 4

£50,000 or more

Question 5

For claims of PERSONAL INJURY, what amount must the claim be for it to start in the county court?

Answer 5

Any value below £50,000

Question 6

What factors decide whether a claim will be brought in the High Court? (PD 7A, para 2.4)

Answer 6

1) the financial value of the claim and the amount in dispute, and/or
2) the complexity of the facts, legal issues, remedies or procedures involved; and/or
3) the importance of the outcome of the claim is to the public interest

Question 7

If the claim form is issued with “business and property courts”, which court does it belong to?

Answer 7

High Court

Question 8

If the claim form is issued with “business and property work”, which court is it issued to?

Answer 8

County Court

Question 9

how to start proceedings - CPR 7.1

Answer 9

proceedings are started when the court issues a claim form at the request of the claimant.
a claim form is issued on the date entered on the form by the court

Question 10

can a claimant use one claim form to start two or more proceedings?

Answer 10

Yes . CPR 7.3
A claimant may use a single claim form to start all claims which can be conveniently disposed of in the same proceedings

Question 11

can a claimant extend the time to serve a claim form?

Answer 11

Yes. CPR 7.6
the general rule is that you can apply to the court to extend time to comply with the service of a claim form but must be made:
- within the time period of 4 months (6 months if outside jurisdiction); or
- where there has already been an extension, the application is made within that extended period

Question 12

can a claimant extend the period for service of a claim form outside the period of 4 months or a previous order?

Answer 12

Yes. CPR 7.6(3)
the court will do so only if:
- the court had failed to serve the claim form;
- the claimant had taken all reasonable steps to comply with service of the claim form; or
- in either case, the claimant has acted promptly in making the application

Question 13

an application to extend service of a claim form must….

Answer 13

be supported by evidence

Question 14

an application to extend service of a claim form may….

Answer 14

be made without notice

Question 15

application to extend service of a claim form - commentary 7.6.2

Answer 15

the better the reasons the more likely chance to the court will grant an extension, but it is not guaranteed.
waiting for something or someone may not amount to a good enough reason

Question 16

application to extend service of the claim form - white book commentary 7.6.3

Answer 16

most cases have turned on ‘reasonable steps’ by the claimant
difficulties in preparing the schedule of damages may be a good enough reason to extend time
court of appeal can extend time retrospectively
serving the claim form on the last day of the 4-month period can be seen as to not constitute a reasonable step

Question 17

title of proceedings

Answer 17

the claim form and every other statements of case should be headed with the title of proceedings, which should state:
- number of proceedings;
- the court division
- full name of each party
- each party’s status in the proceedings

Question 18

start of proceedings 7APD.5

Answer 18

proceedings start then the court issues the claim form at the request of the claimant
the date on which the claim form was received shall be recorded and stamped to that effect.
where there is a question regarding the date on which the claim form was received, it should be directed to the court office.
where a claim is Brough against the estate of a deceased individual, thew claimant must apply pot the court for the appointment of a representative for the deceased estate.

Question 19

Filing/serving the particulars of claim 7APD.6

Answer 19

where the claimant odes not serve the POC alongside the claim form then they must be served separately:
- either at the same time of the claim form; or
- 14 days after the service of the claim form provided that the service off the POC is also within that 4 month period (6 months if outside jurisdiction)

Question 20

if the claim form does not have the POC attached, what must the claim form say?

Answer 20

that the POC are to follow

Question 21

claim form and POC must contain what at the end?

Answer 21

statement of truth

Question 22

an application under 7.6 must comply with what other CPR?

Answer 22

CPR 23

Question 23

for an application under 7.6 (extension of service of claim form), what should the evidence state?

Answer 23

• all the circumstances relied on
• the date of the issue of the claim
• the expiry date of any rule 7.6 extension
• full explanation ion as to why the claim form has not been served.

Question 24

what does business day mean under CPR? (CPR 6.2)

Answer 24

means any day except from a Saturday, Sunday, a bank holiday, Good Friday or Christmas Day.

Question 25

what are the methods of service under CPR 6.3?

Answer 25

• personal service
• first class post
• Document Exchange (DX)
• other service of delivery
• leaving it at a specified place
• fax
• email
• any method authorised by the court

Question 26

who is to serve a claim form? (CPR 6.4)

Answer 26

the court will serve the claim form except where:
- rule or practice direction says otherwise
- clamant notifies the court they wish to serve it.
- the court directs otherwise

Question 27

where the court is to serve the claim form….

Answer 27

it is for the curt to decide which method of service shall be used.

Question 28

where the court is to serve the claim form, it is for the claimant….

Answer 28

…to provide a copy for each defendant two be served as well as filing a copy for the court.

Question 29

personal service should be the method used to serve a claim form where…..

Answer 29

it is specified by a CPR, Practice Direction, enactment or court order

Question 30

where a claim form may be served personally, what are the exceptions?

Answer 30

• if the service is on a solicitor in the UK
• any proceedings against the crown

Question 31

a claim form may be served personally on…

Answer 31

• an individual by leaving it with that individual
• a company or corporation when leaving it with a someone of a senior position in that company or corporation
• a partnership, by leaving it with a partner or someone who at the time of service is on a position with the management of that partnership.

Question 32

where to serve the claim form? (CPR 6.6)

Answer 32

served within the jurisdiction
the claimant must serve with the full address on the claim form of where the defendant is to be served. (this does not apply where there is a service by alternative method or place (CPR 6.15))

Question 33

service on a solicitor in the UK jurisdiction CPR 6.7

Answer 33

• defendant has given the address of the solicitor
• ## soliton acting on the behalf of the defendant has notified C

Question 34

service of the claim form at the address provided by the defendant where they may be served.

Answer 34

this does not apply where the solicitors act as the the ones to be served and where there are any other parts, provisions, practice directions, enactments or court orders to order otherwise.

• it may be an address which he defendant resides or carries out a business and for which he defendant has given the address to be served
• where it is a claim for the tenant against a landlord, C may use address under section 48 Landlord and Tenant Act 1987

Question 35

what must the claimant do if the defendant has not provided na address to serve the claim form?

Answer 35

the claimant must take all reasonable steps to ascertain the address of the defendant’s current residence or place of business.

Question 36

what does the claimant do if they have found the address of the defendant to serve the claim form

Answer 36

the claim form must be served at that address

Question 37

what does the claimant do if they cannot ascertain the current address of the defendant to serve the claim form?

Answer 37

the claimant must consider whether there is:
- an alternative place; or
- an alternative method
which will effect service
if there is such a place or method, then the claimant must make an application under CPR 6.15

Question 38

what happens if the claimant can’t find the defendants current address, nor an alternative when they have undertaken the reasonable steps required to ascertain it?

Answer 38

they have to serve on the last known address of residence or business.

Question 39

where the defendant is an individual and C cannot find current or alternative address, where do they serve the claim form?

Answer 39

usual or last known address of residence.

Question 40

where the defendant is an individual being sued in the name of a business and C cannot find current or alternative address, where do they serve the claim form?

Answer 40

usual or last known address of residence; or principle or last known place of business

Question 41

where the defendant is an individual being sued in business name of a partnership and C cannot find current or alternative address, where do they serve the claim form?

Answer 41

usual or last known place of residence; or principle or last known place of business of the partnership

Question 42

where the defendant is a limited liability partnership and C cannot find current or alternative address, where do they serve the claim form?

Answer 42

principle office of the partnership or any other known place of business of the partnership within the jurisdiction which has a connection to the claim overall.

Question 43

where the defendant is a corporation (other then a company) incorporated in England and Wales and C cannot find current or alternative address, where do they serve the claim form?

Answer 43

principle office of the corporation; or any place within the jurisdiction where the corporation carries on its activities and which has a real connection to the claim.

Question 44

where the defendant is a company registered inbound England and Wales and C cannot find current or alternative address, where do they serve the claim form?

Answer 44

Principle office of the company; or any place of business of the company within the jurisdiction and which has a real connection to the claim

Question 45

where the defendant is a any other company or corporation and C cannot find current or alternative address, where do they serve the claim form?

Answer 45

any company within the jurisdiction where the defendant carries on its activities; or any place of business of the company within the jurisdiction.

Question 46

service of the clam form by contractually agreed method CPR 6.11

Answer 46

where it is specified within the contract that a claim form is to be served, it is to be done so if the claim is in relation to that contract.

Question 47

when is a claim form deemed to be served?

Answer 47

deemed served on the second business day after the completion of the relevant step under CPR 7.5

Question 48

what must C do if they wish to serve the claim form at an alternative place or alternative method?

Answer 48

they must apply to the court and get permission to do so - CPR 6.15

Question 49

what must the application, to use alternative method or place to serve a claim form, contain?

Answer 49

• must be supported with evidence
• may be made without notice

the order must specify:
- method or place of service
- date on which the claim form is deemed served
- the period for filing an acknowledgement of service, Admission or Defence

Question 50

when may service be made by document exchange

Answer 50

• where the address at which the party is to be served includes a numbered box at a DX, or
• the writing paper of the party or of the solicitor sets out a DX box number, and
• the party or solicitor has not outlined they will not accept DX method

Question 51

how is service effected by post, other delivery method or by DX

Answer 51

the service which provides delivery for next business day is effected by:
- placing document in the box
- leaving or delivering to the relevant service provider
- having the document collected by the service provider

Question 52

for service by fax or other electronic means, the party or solicitor myst have previously indicated in writing to the party serving…

Answer 52

that the to be served is willing to accept service by that means, and provide the fax number, email address or other number to facilitate that.

Question 53

for the purposes of serving by fax, email or other electronic means, what indicates in writing a parties acceptance of that means?

Answer 53

• a fax number set out on the writing paper of the solicitor acting on the behalf of the party.
• an email address on the writing paper of the solicitor acting on the behalf of that party and a statement saying the party is to use that email for the service
• a fax number, email address, or other electronic communication number set out on a statement of case or a response to a claim filed at court.

Question 54

what must the party check with the other if they are to serve documents through electronic means?

Answer 54

that there are no limitations to doing this method, ie format of the electronic documents and the maximum size of the documents that may be received.

Question 55

what does the party serving via electronic means need not do?

Answer 55

provided a hard copy

Question 56

how do you serve documents personally to a company or corporation

Answer 56

has to be delivered to a person of senior authority

registered company/corporation: director, treasurer, secretary, chief executive, or other officer of the company or corporation

unregistered company: in addition to all above, the mayor, chairman, president, town clerk or ant other officer of official position.

Question 57

service by the court will be posted….

Answer 57

…first class

Question 58

when must C serve the POC?

Answer 58

either:
- at the same time as the claim form
- within 14 days of serving the claim form

all of which must be done in the 4 month period of serving the claim form

Question 59

after service of the POC, what must C do?

Answer 59

file a copy to the court within 7 days if not done already.

Question 60

step required for using first class post, DX or any other next day deliver, as a method of service

Answer 60

this step is done by posting, leaving with, delivering to or collecting by the relevant service provider.

Question 61

step required for personal service for leaving document at relevant place

Answer 61

delivering or leaving at relevant place

Question 62

when faxing documents are deemed served

Answer 62

completing the transmission of the fax

Question 63

deemed served by any other electronic method

Answer 63

sending the email or any other electronic transmission

Question 64

when does a party serve statements of case and documents? CPR 6.21

Answer 64

A party will serve a document which that party has prepared, except when a rule or practice direction states the court will serve the document or the court orders otherwise.

Question 65

when does the court serve statements of case and documents? CPR 6.21

Answer 65

The court will serve a document which it has prepared except where a rule or practice direction provides that a party must serve the document or the party on whose behalf the document is to be served notifies the court that the party wishes to serve it or the court orders otherwise.

Where the court is to serve a document, it is for the court to decide which method of service is to be used.

Where the court is to serve a document prepared by a party, that party must provide a copy for the court and for each party to be served.

Question 66

service on children and protected parties - CPR 6.25

Answer 66

• An application for an order appointing a litigation friend must be served.
• Any other document which would otherwise be served on a child or a protected party must be served on the litigation friend conducting the proceedings on behalf of the child or protected party.
• The court may make an order permitting a document to be served on the child or protected party or on some person other than the person, where an application for this may be made without notice.

Question 67

when will a document other than a claim form be deemed served when it is posted first class or any other next business day delivery?

Answer 67

the second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not the next business day after that day.

Question 68

when will a document other than a claim form be deemed served by DX?

Answer 68

the second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not the next business day after that day.

Question 69

when will a document other than a claim form be deemed served when delivering the document or leaving it at a permitted address?

Answer 69

if it is delivered to or left at the permitted address on a business day before 4:30p.m on that day; or in any other case, on the next business day after that day

Question 70

when will a document other than a claim form be deemed served when faxing?

Answer 70

if the transmission of the fax is completed on a business day before 4:30p.m on that day; or in any other case, on the next business day after that day on which it was transmitted.

Question 71

when will a document other than a claim form be deemed served when emailing or any other electronic method?

Answer 71

if the email or any other electronic method transmission is sent on a business day before 4:30p.m on that day; or in any other case, on the next business day after that day on which it was sent

Question 72

when will a document other than a claim form be deemed served when personally serving it?

Answer 72

if the document is served personally before 4:30p.m on a business day, on that day; or in any other case, on the next business day after that day.

Question 73

when applying for an alternative method of service or place to serve a document, it is the same method as….

Answer 73

…when altering the method or place for serving a claim form under CPR 6.15

Question 74

where the document is posted by first class post on a Monday (business day) then it will be deemed to be served…..

Answer 74

….on the following Wednesday (business day)

Question 75

where a document is left in a numbered box at the DX on a Friday (business day) it will be deemed to be served……

Answer 75

….on the following Monday (a business day)

Question 76

where the document is sent by fax and the transmission is completed by 4:30p.m. on a Saturday, then it will be deemed to be served…..

Answer 76

on the following Monday (business day)

Question 77

where the document is served personally on a Sunday by 4:30p.m. it is deemed to be served…..

Answer 77

….on the next day, Monday (a business day)

Question 78

where the document is delivered to a permitted address after 4:30p.m. on the Thursday (a business day) before Good Friday, then it will be deemed to be served…..

Answer 78

…the following Tuesday (as the Monday is a bank holiday)

Question 79

where a document is posted by first class on a bank holiday Monday, then it will be deemed to be served…

Answer 79

…on the following Wednesday (a business day)

Question 80

what is a part 8 claim?

Answer 80

as claim which uses the procedure to ask the court to decide on a question which is unlikely to require a substantial dispute of fact.

Question 81

when may a claimant use part 8 procedure?

Answer 81

• seeks courts decision on a question which is unlikely to require a substantial dispute of fact
• or where a rule or practice direction requires the claimant to do so.

Question 82

where may the part 8 claim be heard?

Answer 82

in the county court unless a rule or practice direction requires otherwise.

Question 83

what are the three main differenced between a part 8 procedure and part 7 procedure?

Answer 83

• defence is not required
• c may not obtain summary judgment
• part 8 is treated as if it was on the multi-track

Question 84

what happens if the part 8 procedure is found to be inappropriate once started?

Answer 84

the court may order the claim to continue as if it was a part 7 claim, allowing the court to give any directions it deems appropriate.

Question 85

where the claimant uses the part 8 procedure, the claim form must state the following:

Answer 85

• that part 8 is to apply
• the question which the clamant wants to the court to decide or the remedy the claimant is seeking and on what basis
• the enactment it is being made under, if any
• if the claimant is claiming representative capacity, what capacity that is
• if the defendant is sued in a representative capacity, what that capacity is

Question 86

what must the defendant do when they are served with a part 8 claim form?

Answer 86

they must file acknowledgment of service.

this must be done in the relevant practice form no later than 14 days after the service of the claim form

they must serve the AOS on the claimant and any other party

Question 87

when the defendant files an AOS for a part 8 claim, what must the AOS state?

Answer 87

the AOS must state:
- whether the defendant contests the claim; and
- if the defendant seeks a different remedy outlined in the claim form, what that remedy is

Question 88

what are the consequences of the defendant not filing an AOS in a part 8 claim?

Answer 88

where the defendant has failed to file an AOS and there time perish has expired, the defendant can still attend the hearing but they may not be Abel to take part unless the court gives permission otherwise.

Question 89

for a part 8 claim, what must the claimant do if they wish to rely on evidence?

Answer 89

they must file any written evidence they intend to rely on when they file the claim form which must be served on the defendant

Question 90

for a part 8 claim, what if the claimant wishes to use further evidence but has already filed evidence with the claim form.

Answer 90

they may file further evidence in the reply and this must be done no later than 14 days after the defendant has served an AOS. In doing so, must serve a copy on all other parties

Question 91

for a part 8 claim, what if the defendant wishes to rely on written evidence?

Answer 91

they just file it with the AOS at the same time and must serve it on all the parties involved. this must be done within the 14 day window allowed for AOS.

Question 92

for a part 8 claim, the claimant may wish to rely on matters set out in the claim form as evidence if….

Answer 92

…the claim form is verified by a statement of truth

Question 93

which rule deals with the filing and serving of evidence in a part 8 claim?

Answer 93

CPR 8.5

Question 94

for a part 8 claim, what are the general rules of evidence?

Answer 94

no written evidence may be relied upon unless:
- it complies with CPR 8.5; or
- the court gives permission

Question 95

do part 8 claim hearings allow oral evidence?

Answer 95

Yes.
the court may give directions for a witness to be cross examined on the written evidence submitted.

Question 96

can the defendant contend the use of a Part 8 procedure?

Answer 96

yes.

the defendant list state their reasons when filing the AOS. they mist state that:
- there is a substantial dispute of fact; and
- the use of the part 8 procedure is not permitted due to relevant rules or practice direction

Question 97

what happens when a defendant makes a contention of the use of part 8 procedure?

Answer 97

the court will look at this contention when they receive the AOS and written evidence. it is then where the court may require and produce directions as to the management of the case and may even even order parties to carry on the claim as if it was a part 7 claim.

Question 98

what modifications are made to the general rules of a claim (part 7 claims) when the part 8 procedure is used?

Answer 98

the defence is not required so:
- CPR 16 does not apply
- CPR 15 does not apply
- any time limits for defence statements dont apply
- requirement under CPR 7.8 does not apply

the claimant may not obtain judgment based on admission so:
- CPR 14.4-14.7 dont apply
- CPR 7.8 doesn’t apply

Part 8 claim is treated as if it was on the multi-track so CPR 26 does not apply

Question 99

types of claims which may use the part 8 procedure

Answer 99

• a settled claim against a child or protected party before commencement of proceedings and the court is required to approve the settlement
• a settled claim of provisional damages which has been done before commencement of proceedings and court permission is sought

Question 100

can a court officer intervene with the use of a part 8 procedure

Answer 100

Yes.
if it appears to a court officer that part 8 is being used inappropriately, they can refer it to a judge and the judge can then consider that point

Question 101

when must a part 8 claim procedure be used?

Answer 101

Any claim or application in relation to which an Act, rule or practice direction provides that the claim or application is brought by originating summons - These are listed in Section B 8APD

Question 102

what options are available for a party to get an extension to file and serve evidence in a part 8 claim?

Answer 102

• may apply to the court; or
• may ask for permission from the other party

Question 103

what are the conditions when a defendant is asking for an extension for filing and serving evidence by the other party?

Answer 103

• must be in writing
• must be filed by the defendant when they file an AOS; and
  must not extend time more than 14 days after the defendant files their AOS

Question 104

an agreement for a claimant to file evidence in reply must not….

Answer 104

…extend time more than 28 days after the service of the defendant’s evidence on the claimant.