Commencing Proceedings Flashcards
1
Q
when are proceedings commenced?
A
when the claim form has been issued
2
Q
when should a part 7 claim be served?
A
by 12am of the day of issuance, within 4 months or 6 months if outside the jurisdiction
3
Q
when is a claim form ‘deemed served’?
A
2 business days after the relevant step
4
Q
when must other documents be served e.g. POC, evidence
A
within 14 days of service of claim form
5
Q
when can a part 8 claim form be used?
A
- a claim purely on a matter of law (not a substantial dispute of fact)
- a claim by/against a child/PP
- it is permitted by a rule/PD
- there has been settlement before commence of claim
6
Q
what is the 3-stage test for a litigation friend?
A
- person can fairly and competently conduct proceedings
- has no adverse interests
- undertakes to pay any costs which the child/PP may be ordered to pay
7
Q
can a settlement be made on a child/PP’s behalf?
A
not without the court’s permission
