Commencing Proceedings

Question 1

How are Part 7 Proceedings started?

Answer 1

When court issues a claim form at the request of the Claimant.
(C then has 4 months to complete ‘relevant step’ iot serve claim form on D(s)))

Question 2

Can 1 claim form be used for multiple proceedings?

Answer 2

yes, all claims that could be reasonably disposed of in the same proceedings can be included

Question 3

What circumstances will extension of time for service be allowed?

Answer 3

Before expiry of 4 months - by application
After expiry - ONLY if court has failed to serve claim form OR C has taken all reasonable steps to comply AND C has acted promptly in making application

Question 4

Who to address a claim against a deceased person to?

Answer 4

“personal representatives AB deceased” - then apply to court for person to represent the estate of the deceased

Question 5

Where C DOES NOT include PoC in claim form they may be served separately either..

Answer 5

• at same time as Claim form
• within 14 days after service of the claim form (subject to 4month long stop) (CF must have statement they will follow)

Question 6

A statement of truth is required on the claim form and (where not inlcuded) the PoC, what are the consequences of verifying a false statement with an SoT?

Answer 6

proceedings for contempt of court

Question 7

What form should an application for an extension take?

Answer 7

• Part 23 and evidence
• circumstances relied on, date of issue of claim, date of expiry of extension, explanation

Question 8

Methods of service of a claim form

Answer 8

• Personal Service
• First Class Post, DX ( any next day delivery service)
• Leaving it at a place specified in rule 6.7-10
  -Fax/electronic means (PD6A)
• court authorised method
  (Companys and LLPS ++)

Question 9

The court can/will serve the claim form EXCEPT when…

Answer 9

• rule/PD states C must do so
• C notifies court that C wishes to serve it
• Court orders/directs otherwise
  (C must provide court with copies for all parties to be served)
  Court will only try to serve it once

Question 10

For personal service to be valid on a company/partnership…

Answer 10

it must be handed to a person holding a senior position in a company/a partner/person in control of management of a partnership

Question 11

When may a solicitor be served with a CF rather than the D

Answer 11

Where D has given explicit instruction to serve claim form on their solicitor at X address/where D’s solicitor has instructed Cs solicitor this is the case

Question 12

Service on D to an address where D resides/carries on business in UK is ONLY valid if

Answer 12

D has provided this address for purposes of servie
(LL and T, address given by LL under s48 LTA’87)

Question 13

A claim may be served by a contractually agreed method/place for any claim , T/F?

Answer 13

F - must be a claim arising out of that contract.

Question 14

When is a CLAIM FORM deemed served?

Answer 14

second business day after completion of the relevant step (r7.5)

Question 15

In order to bring a claim against a child or a protected party…..

Answer 15

C must apply to for a litigation friend to be appointed

Question 16

What is DDS for a document OTHER THAN A CLAIM FORM using a non-instant method (post/DX)

Answer 16

Second day after posted/left with service provider (if 2nd day not a business day = next business day)

Question 17

What is DDS for a document OTHER THAN A CLAIM FORM using an instant method (delivery/fax/email/personal)

Answer 17

if before 4.30pm on a business day = same day service, otherwise next business day

Question 18

when might Part 8 be an appropriate claim to issue?

Answer 18

• unlikely to be a substantial dispute of fact
• children?

Question 19

Contents of Part 8 Claim Form

Answer 19

• question C wants court to decide OR -remedy sought
• if claim under enactment
• if either party is in a representative capacity

Question 20

What is the cosnequence of a D failing to file an acknowledgment of service on time? (Apart from default judgment)

Answer 20

may attend hearing but will not be allowed to take part unless court orders otherwise (apply for relief from sanctions)

Question 21

If either party wishes to rely on evidence at hearing they must….

Answer 21

file it with relevant SoC
(C can add evidence to their reply w/in 14 days of receipt of defence)

Question 22

What can D do if they dispute use of Part 8 Procedure?

Answer 22

must file acknowledgment stating reasons e.g substantial dispute of fact/Part 8 not permitted by rule/PD

Question 23

Part 8 claim shall be treated as allocated to the …

Answer 23

multi-track