Commencing and serving proceedings

Question 1

When are claims issued in the high court?

Answer 1

• Non PI claims over £100,000 can be in either court
• PI claims of £50,000 or more must be in either court

When issuing in the high court the claim form must state that the claimant expects to recover more than £100,000

Question 2

When are claims issued in the county court?

Answer 2

• Non PI claims up to £100,000 must be in county court
• PI claims of less than £50,000 must be in the county court

Question 3

Value of claim

Answer 3

Disregard:

• interest
• costs
• any counter claim
• any contributory negligence
• deduction of social security

Question 4

Choice between high court and county court

Answer 4

A claim should be started in the High Court if by reason of:

1) financial value of the claim and amount in dispute

2) the complexity of the facts, legal issues, remedies or procedures involved; and/or

3) importance of the outcome of the claim to the public in general

Question 5

Transfer between courts

Answer 5

If court disagrees with claimants choice of court they have the power to transfer the case (CPR 30).

Consequences:
- court may transfer the case and order the claimant to pay the costs of the transfer
- If the matter continues in the HC there is a sanction: costs awarded can deducted by up to 25% (at courts discretion)

Question 6

What is required to issue a claim?

Answer 6

Claimant must take/send:

1. Copies of the claim form (N1) to be issued and sealed:
   - one copy for court
   - one copy for every defendant
   - one copy for the complainant
2. Court issue feee (varies depending on value of the claim)

Question 7

Issuing high court claims

Answer 7

If documents are sent to the high court, the court will stamp the covering letter with the date of receipt which is sufficient to stop time running for limitation purposes.

Documents can also be taken in person and issued on the same day.

• will give the case a claim number and seal all copies of the claim form
• the court will create a case management file and place its own sealed copy in that file

Question 8

Issuing county court claims

Answer 8

Issued centrally
- if for money, issued by post in the civil national business centre (in northampton)

• if not a money-only claim it can generally be issued at any of the County Court hearing Centres by sending in claim form (N1) and fee
• claimant specifies preferred county court on form

Question 9

Money claim online

Answer 9

Online claim form

Defendant responds online

If claim is defended it will be transferred to the appropriate local county court hearing centre

Question 10

Who effects service of the claim form?

Answer 10

Either:
- the court; or
- the claimant/claimant’s solicitor

Question 11

How should service of the claim form be effected?

Answer 11

Court: first class post

Claimant/C’s solicitor:
- personally on defendant: leaving with individual or appropriate person if they are a company

• leaving document in a permitted area: at a permitted address (d’s solicitors if given or otherwise usual or last residence/place of business)
• first class post
• DX
• Fax: only permitted if the defendant/its solicitor has indicated it will accept service by fax.
• Other electronic method (eg email): nly permitted if the defendant/its solicitor has indicated it will accept service by email
• Any other method authorised by the court

Question 12

When must the claim form be served?

Answer 12

Before midnight on the calendar day four months after the date of issue.

If not served will need issue a new claim (or potentially apply to extend service)

Question 13

Application to extend service of the claim form

Answer 13

Application should be made within 4 months of validity of the claim and show good reasons for the extension. (note: waiting for further evidence or for a response is unlikely to be a good reason)

If after deadline:
Court will grant extension only if:
- court failed to serve the claim form;
- claimant has taken all reasonable steps to comply
- either way, the application has been made promptly.

Mistakenly serving solicitors or insurers when meant to serve defendant is unlikely to justify an extension.

Question 14

What are particulars of claim?

Answer 14

Where the claimant has set out its claim in detail. The claimant can choose to include these within the claim form itself or can serve the particulars of claim in the form of a separate document either with the claim form or to follow later.

Question 15

Service of PoC contained in or w claim form

Answer 15

If contained in or served with the claim form, the claimant must also serve the response pack along with the claim form and particulars of claim. Response pack includes:
- form for admission
- form for defending; and
- form for acknowledging service

Question 16

PoC not contained in or served with the CF

Answer 16

• Must be served within 14 days of service of the CF and also within the period of validity of the CF (within the 4 months of issue, assuming service within the jurisdiction).

Response pack is served with the PoC.

Question 17

What must claimant do once the PoC are served?

Answer 17

Claimant must file a copy at court within in 7 days of service unless they have already been filed.

Question 18

Methods for serving documents other than the claim form

Answer 18

• personal service
• permitted address
• first class post/DX
• Fax or other electronic method

Note: when responding to the claim, the defendant must give an address at which documents may be served going forwards.

Question 19

Deemed date of service of the claim form

Answer 19

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

Business day: any day except Saturdays, Sundays, bank holidays, Good Friday or Christmas day

e.g. emailed on wednesay, not deemed served until friday

Question 20

Service of PoC

Answer 20

Contained in CF: deemed dates of CF apply

Attached to or served with CF: go with earliest date

Served separately:
Instant methods: personal service, fax, email, delivering/leaving at permitted address
- Before 4:30pm on business day: deemed served the same day
- Otherwise: next business day

Non-instant method: (1st class post/DX)
- deemed served second day after posting, if business day
- otherwise, deemed served next business day