Commencing claims and service requirements

Question 1

How do you determine which venue to bring a civil claim in (County vs High Court)?

Answer 1

If the value of the claim is £100,000 or less, it MUST be started in the County Court.

If the value of the claim exceeds £100,000, it MAY be commenced in the High Court.

Different rules for personal injury:
Personal injury claims cannot be started in the High Court unless the value of the claim is £50,000 or more.

Question 2

When are proceedings commenced?

Answer 2

Proceedings are commenced when the claimant/their solicitor sends a claim form and other relevant documents to the appropriate court to be ‘issued’.

The documents are:
1. A claim form (form N1)

2. Particulars of claim (which may be drafted as part of the claim form or sent separately)
3. Documents that are required to be annexed by the CPR, such as a copy of any contract.

Once the claim has been issued by the court, proceedings are formally started.

Question 3

What CPR provision governs adding, removing or substituting the parties in a claim?

Answer 3

CPR Part 19.

Question 4

Who can make an application to add, remove or substitute a party?

Answer 4

An existing party or a person who wants to become a party.

However, no-one may be added or substituted as a CLAIMANT unless their consent in writing has been filed at court.

Question 5

Is permission required to add, remove or substitute a party?

Answer 5

Yes, permission is generally required.

Exception is where the claim form has not been served yet.

Question 6

Are there different grounds for adding, removing or substituting parties depending on when the application was made?

Answer 6

Yes.

The grounds differ depending on whether the application was made within the limitation period or not.

Question 7

What are the grounds for adding, removing or substituting a party when the application was made WITHIN the limitation period?

Answer 7

The grounds here are that IT IS DESIRABLE:

1. to add a new party to resolve matters in dispute; or
2. to remove a party; or
3. to substitute a party where the existing party’s interest or liability has passed to them.

Question 8

What are the grounds for adding, removing or substituting a party when the application was made OUTSIDE the limitation period?

Answer 8

Here, a party may only be added or substituted if the limitation period was current when the proceedings were started.

The grounds are that:

1. the original party was named by mistake; or
2. the original party has died/is subject to a bankruptcy order and their interest or liability has passed to the new party; or
3. the claim cannot be properly carried on without the new party.

Question 9

When must a claim form be served on the defendant(s)?

Answer 9

The claim form must be served within 4 months of the claim being issued.

However, this must also be within the limitation period. So, if the limitation period for the claim expires before 4 months of of the claim being issued, it must be served within the limitation period.

Question 10

What about service of a claim form outside the jurisdiction?

Answer 10

Here, the CPR allows extra time, so the claim form must be served on the defendant within 6 months of the claim being issued (instead of 4 months).

Question 11

Are there any rules governing who a claim form can be served on?

Answer 11

Yes - generally, the claim form must be served on the defendant(s) personally.

However, a claim form can be served on a firm of solicitors if the defendant has nominated them in writing and this should not be presumed just because the firm has represented the defendant in pre-action negotiations.

Once nominated, all court documents are served on the lawyers unless (exceptionally) the document must be served on the party, e.g. an injunction.

Question 12

What are the permitted methods of service under the CPR, Part 6.3?

Answer 12

1. Personal service
2. First class post or document exchange (DX)
3. Leaving the claim form at a specified place
4. Fax or other means of electronic communication (e.g. email)
5. Any other method authorised by the court

Question 13

What are the special rules governing service by fax or other electronic means?

Answer 13

Here, the party to be served (or their solicitor) must have expressly confirmed that they are willing to accept service in this manner.

An email address or fax number on the PARTY’S headed paper is not enough to satisfy this.

However, inclusion of a fax number on the SOLICITOR’S letterhead is sufficient indication of willingness to accept service by fax.

SOLICITORS must specifically confirm that they are willing to accept service by emails.

Question 14

When is the deemed service of the claim form?

Answer 14

Claim forms are deemed to have been served on the 2nd BUSINESS DAY after service.

Question 15

When are other documents (e.g. particulars of claim) deemed to be served?

Answer 15

This depends on the method of service.

For personal service, delivering the document to a permitted address, fax or email:

If the document is served before 4:30pm on a business day, on that day.
If not, the next business day.

For first class post or DX:

The second day after it was posted, provided that day is a business day.
If not, on the next business day.

Question 16

When must the particulars of claim be served?

Answer 16

The particulars of claim (if not served at the same time as the claim form), must be served within 14 days after service of the claim form.

Note: particulars of claim must not be served later than 4 months after the date of issue of the claim form.