commencing proceedings

Question 1

CPR 6.2

business day meaning

Answer 1

‘business day’ means any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day

Question 2

CPR 6.3

Methods of service

Answer 2

Claim form can be served by
(a) personal service in accordance with rule 6.5;

(b) first class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction 6A;
(c) leaving it at a place specified in rule 6.7, 6.8, 6.9 or 6.10;
(d) fax or other means of electronic communication in accordance with Practice Direction 6A; or
(e) any method authorised by the court under rule 6.1

a company can be served by the same or leaving it with a receptionist

Question 3

CPR 6.4

who serves the claim form

Answer 3

The court will serve the claim form except where –

(a) a rule or practice direction provides that the claimant must serve it;
(b) the claimant notifies the court that the claimant wishes to serve it; or
(c) the court orders or directs otherwise

if the court serves, claimant must file a copy for the court and each defendant

Question 4

CPR 6.5
personal service
what happens in personal service for individual, companies, partnerships?

Answer 4

a claim form may be served personally except –

(a) where rule 6.7 applies (solicitor) ; or
(b) in any proceedings against the Crown
(3) A claim form is served personally on –
(a) an individual by leaving it with that individual;
(b) a company or other corporation by leaving it with a person holding a senior position within the company or corporation; or
(c) a partnership (where partners are being sued in the name of their firm) by leaving it with –
(i) a partner; or
(ii) a person who, at the time of service, has the control or management of the partnership business at its principal place of business.

Question 5

order of what will happen to get to court

Answer 5

letter before claim

Claim form

particulars of claim
(within 14 days)

defence and counterclaim

directions questionnaire
(includes any witness lists or experts needed)

Allocation

case management conference

Disclosure

applications
(strike out or summary judgement)

Pre trial review
(Once the parties have complied with all of the directions after the Case Management Conference)

offers of settlement

trial

appeal

costs

enforcement