Commencing Proceedings Flashcards
under a part 7 procedure how do you start a part 7 proceeding as stated in 7.2
it’s started when court issues a claim form at the request of C
the claim form is issued on the date entered on the form by the court
person who is seeking remedy from court before proceedings have started or in relation to proceedings which are taking place or will take place in another jurisdiction must make an application under part 23.
CPR 16 sets out what the claim form must include
true or false:
C may use single claim form to start all claims which can be conveniently disposed of in the same proceedings.
true see 7.3
what must the particulars of claim be placed in
contained in or served with the claim form
true or false:
the particulars of claim must be served on D by C within 14 days after serving claim form
true
where C serves a particulars of claim on D, how many days does C have to file a copy of the particulars unless a copy has already been provided to D
7 days
true or false:
C need not file a copy of the particulars under para 3 if the claim is being dealt with at the Production Centre under 7.10 or the Civil National Business Centre under 7PDC and isn’t transferred to another court.
true
true or false:
part 7 claims can be started in the high court or county court
true
when may proceedings be started in the high court
if the value of claim is more than £100,000
when may proceedings be started in the high court if it is for PI claims
£50,000 or more
true or false:
a claim should be started in HC if by reason of-
(1) financial value of claim and amount in dispute, and/or
(2) complexity of facts, legal issues, remedies or procedures involved, and/or
(3) importance of the outcome of the claim to the public in general,
Claimant believes that the claim ought to be dealt with by a High Court Judge.
Part 30 and 30PD contain provisions relating to transfer to County Court of proceedings started in High Court and vice-versa.
true
true or false:
claim in CC under part 7 may be made at any county court hearing centre unless any enactment, rule or PD provides otherwise
true
true or false:
if claim which is required to be made at a particular county court hearing centre is made at the wrong hearing centre, a court officer will send the claim to correct hearing centre before it’s issued
true
true or false:
Claim relating to Business and Property work (which includes any of the matters specified in para 1 of Sch 1 to Senior Courts Act 1981) and which includes any work under jurisdiction of Business and Property Courts may subject to any enactment, rule or PD be dealt with in the HC or in CC.
true
true or false:
Proceedings are started when the court issues a claim form at the request of the claimant (see rule 7.2) but where the claim form as issued was received in the court office on a date earlier than the date on which it was issued by the court, the claim is “brought” for the purposes of the Limitation Act 1980 and any other relevant statute on that earlier date.
true
true or false:
The date on which the claim form was received by the court will be recorded by a date stamp either on the claim form held on the court file or on the letter that accompanied the claim form when it was received by the court.
true
true or false:
An enquiry about the date on which the claim form was received by the court should be directed to a court officer.
true
true or false:
Parties proposing to start a claim which is approaching the expiry of the limitation period should recognise the potential importance of establishing the date the claim form was received by the court and should themselves make arrangements to record the date.
true
true or false:
Where a person seeks to start proceedings against the estate of a deceased defendant where probate or letters of administration have not been granted, the claimant should issue the claim against “the personal representatives of A.B. deceased”.
The claimant should then, before the expiry of the period for service of the claim form, apply to the court for the appointment of a person to represent the estate of the deceased
true
for an extension of time, an application under 7.6 aka extension of time for serving claim form must be made in accordance with what?
part 23 and supported by evidence
for supporting evidence under an application under 7.6, what should the evidence state
all circumstances relied on
date of issue of the claim
expiry date of any rule 7.6 extension and
full explanation as to why claim hasn’t been served
true or false:
ST v BAI (SA) (t/a Brittany Ferries) [2022]- Lady Justice Carr conveniently summarised general principles as follows:
i. D has a right to be sued (if at all) by means of originating process issued within statutory period of limitation and served within period of its initial validity of service.
it follows that a department from this starting point needs to be justified
ii. Reason for inability to serve within time is a highly material factor.
The better the reason, the more likely it is that extension will be granted.
Incompetence or oversight by C or waiting some other development (such as funding) may not amount to a good reason.
What may be a sufficient reason for an extension for an extension for service of claim form.
iii. Where there’s no good reason for need for an extension, court still retains a discretion to grant an extension of time but isn’t likely to do so
iv. Whether limitation period has or may have expired since commencement of proceedings is an important consideration.
If a limitation defence will or may be prejudiced by granting of an extension of time, C should have to show at the very least that they have taken reasonable steps (but not all reasonable steps) to serve within time;
V. discretionary power to extend time prospectively must be exercised in accordance with the overriding objective.
true
true or false:
7.6(3) includes cases where court hasn’t even tried to serve claim form through neglect
true
true or false:
Vinos v Marks & Spencer plc [2001]:
D admitted liability and made an interim payment but C’s solicitors offered no good reason for serving claim form a week out of time.
true
how may a claim form be served?
(a) personal service in accordance with 6.5
(b) 1st 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 6.15.
when will the court not serve a claim form?
Rule or PD provides that C must serve it
C notifies court that C wishes to serve it or
Court orders or directs otherwise
true or false:
Where court is to serve claim form, it is for court to decide which method of service is to be used.
true
true or false:
Where court is to serve claim form, C must in addition to filing a copy for the court, provide a copy for each D to be served.
true
where the court has sent a notification of outcome of postal service to C or a notification of non-service by a bailiff, what will the court not do
won’t try to serve claim form again
how must the claim be served where required by another part, any other enactment, PD or court
personally
true or false:
In other cases, claim form may be served personally except-
6.7 applies; or
In any proceedings against the Crown
true
true or false:
Claim form is served personally on-
An individual by leaving it with that individual;
A company or other corporation by leaving it with a person holding a senior position within the company or corporation; or
A partnership (where partners are being sued in the name of their firm) by leaving it with-
A partner; or
A person who, at the time of service, has the control or management of the partnership business at its principal place of business
true
true or false:
claim form must be served within jurisdiction except where 6.7(2) or 6.11 applies and C must include in the claim form an address at which D may be served
true
true or false:
where D has given in writing the business address within the jurisdiction of a solicitor as an address at which D may be served with the claim form; or
Solicitor acting for D has notified C in writing that the solicitor is instructed by D to accept service of the claim form on behalf of D at a business address within the jurisdiction, claim form must be served at business address of that solicitor.
true
true or false:
D may be served w/ claim form at an address at which D resides or carries on business within UK and which D has given for the purpose of being served with the proceedings; or
In any claim by a tenant or contract- holder against a landlord, the claim form may be served at an address given by landlord under s48 of the Landlord and Tenant Act 1987 or s39 of the renting homes (wales) act 2016
true
where will the place of service be for the individual?
usual or last known residence
where will the place of service be for the individual being sued in name of a business
usual or last known residence of the individual or principal or last known place of business
where will the place of service be for the individual being sued in business name of a partnership
usual or last known residence of the individual or principal or last known place of business of the partnership
where will the place of service be for a limited liability partnership
principal office of the partnership or any place of business of the partnership within jurisdiction which has a real connection with the claim
where will the place of service be for a corporation other than a company incorporated in England and Wales
principal office of the corp or any place within jurisdiction where corporation carries on its activities and which has a real connection with the claim.
where will the place of service be if the company is registered in England and Wales
principal office of the company or any place of business of the company within jurisdiction which has a real connection with the claim
where will the place of service be if any other company or corporation
any place within jurisdiction where the corporation carries on its activities or any place of business of the company within the jurisidiction.
true or false:
Where C has reason to believe that the address of D referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which D no longer resides or carries on business, C must take reasonable steps to ascertain the address of D’s current residence or place of business (“current address”).
true
true of false:
Where, having taken the reasonable steps required by paragraph (3), C—
ascertains the D’s current address, the claim form must be served at that address; or
is unable to ascertain D’s current address, the claimant must consider whether there is—
an alternative place where; or
an alternative method by which,
Service may be effected.
true
true or false:
If, under paragraph (4)(b), there is such a place where or a method by which service may be effected, C must make an application under rule 6.15.
true
true or false:
C may serve on D’s usual or last known address in accordance with the table in paragraph (2) where C—
cannot ascertain the defendant’s current residence or place of business; and
cannot ascertain an alternative place or an alternative method under paragraph (4)(b).
true
true or false:
where a contract contains a term providing that, in the event of a claim being started in relation to the contract, the claim form may be served by a method or at a place specified in the contract; and
a claim solely in respect of that contract is started,the claim form may, subject to paragraph (2), be served on the defendant by the method or at the place specified in the contract.
true
true or false:
Where in accordance with the contract the claim form is to be served out of the jurisdiction, it may be served—
if permission to serve it out of the jurisdiction has been granted under rule 6.36; or
without permission under rule 6.32 or 6.33
true
when is a claim form in the UK deemed to be served?
2nd business day after service of claim form
true or false:
Where it appears to the court that there is a good reason to authorise service by a method or at a place not otherwise permitted by this Part, the court may make an order permitting service by an alternative method or at an alternative place
true
true or false:
the court may order that steps already taken to bring the claim form to the attention of the defendant by an alternative method or at an alternative place is good service
true
what must an application under 6.15 have
it must be supported with evidence and it may be made without notice
an order under 6.15 must specify what?
method or place of service
date on which claim form is deemed served and
the period for filing an acknowledgment of service
filing an admission or
filing a defence
true or false:
Where claim form is served within the jurisdiction, C must complete the step required by the following table in relation to the particular method of service chosen before 12:00 midnight on the calendar day 4 months after the date of issue of the claim form
true
what is the step required for 1st class post, document exchange or other service which provides for delivery on next business day
posting, leaving with, delivering to or collection by relevant service provider
what is the step required for delivery of a document to or leaving it at a relevant place
delivering to or leaving document at relevant place
what is the step required for personal service under 6.5
completing relevant step required by 6.5(3)
what is the step required for electronic method
by sending an e-mail or other electronic transmission.
true or false:
(1) C may apply for an order extending period for compliance with 7.5
(2) general rule == an application to extend the time for compliance with 7.5 must be made-
Within period specified by 7.5; or
(b) where an order has been made under this rule, within the period for service specified by that order.
true
true or false:
if C applies for an order to extend time for compliance after end of the period specified by 7.5 or by an order made under this rule, court may make such an order only if
(a) court has failed to serve claim form; or
(b) C has taken all reasonable to comply with 7.5 but has been unable to do so; and
(c) in either case, C has acted promptly in making the application.
true
what must an application for an order extending time for compliance must have
must be supported with evidence and it may be made without notice
when may service by document exchange take place
Address at which party is to be served includes a numbered box at DX, or
Writing paper of the party who’s to be served or of the solicitor acting for that party sets out a DX box number, and
Party or solicitor acting for that party hasn’t indicated in writing that they are unwilling to accept service by DX
how is service effect by post, alternative service provider or DX?
Placing document in post box
Leaving document with or delivering document to the relevant service provider
Having document collected by relevant service provider.
true or false:
where a document is to be served by fax or other electronic means—
the party who is to be served or the solicitor acting for that party must previously have indicated in writing to the party serving-
that the party to be served or the solicitor is willing to accept service by fax or other electronic means; and
the fax number, e-mail address or e-mail addresses or other electronic identification to which it must be sent;
true
true or false:
Where a party intends to serve a document by electronic means (other than by fax) that party must first ask the party who is to be served whether there are any limitations to the recipient’s agreement to accept service by such means
true
true or false:
Where a document is served by electronic means, the party serving the document need not in addition send or deliver a hard copy.
true
how is personal service on a registered company or corporation effected
by leaving a document with a person holding a senior position
true or false:
Where the court serves a document in accordance with rule 6.4 or 6.21(2), the method will normally be first class post.
true
true or false:
Where an application for an order under rule 6.15 is made before the document is served, the application must be supported by evidence stating—
Reason why order is sought
What alternative method or place is proposed
Why the applicant believes that the document is likely to reach person to be served by the method or at the place proposed.
true
true or false:
Where the application for an order is made after the applicant has taken steps to bring the document to the attention of the person to be served by an alternative method or at an alternative place, the application must be supported by evidence stating—
Reason why order was sought
What alternative method or place was used
When alternative method or place was used; and
Why applicant believes that document is likely to have reached person to be served by alternative method or at the alternative place.
true
true or false:
A party to proceedings will serve a document which that party has prepared except where—
a rule or practice direction provides that the court will serve the document; or
the court orders otherwise.
true
true or false:
The court will serve a document which it has prepared except where—
a rule or practice direction provides that a party must serve the document;
the party on whose behalf the document is to be served notifies the court that the party wishes to serve it; or
the court orders otherwise.
true
true or false:
o Where the court is to serve a document, it is for the court to decide which method of service is to be used.
true
true or false:
Where the court is to serve a document prepared by a party, that party must provide a copy for the court and for each party to be served.
true
true or false:
Where required by another Part, any other enactment, a practice direction or a court order, a document must be served personally.
In other cases, a document may be served personally except—
where the party to be served has given an address for service under rule 6.23; or
in any proceedings by or against the Crown.
A document may be served personally as if the document were a claim form in accordance with rule 6.5(3).
true
true or false:
An application for an order appointing a litigation friend where a child or protected party has no litigation friend must be served in accordance with rule 21.8(1) and (2).
Any other document which would otherwise be served on a child or a protected party must be served on the litigation friend conducting the proceedings on behalf of the child or protected party.
The court may make an order permitting a document to be served on the child or protected party or on some person other than the person specified in rule 21.8 or paragraph (2).
An application for an order under paragraph (3) may be made without notice.
The court may order that, although a document has been sent or given to someone other than the person specified in rule 21.8 or paragraph (2), the document is to be treated as if it had been properly served.
This rule does not apply where the court has made an order under rule 21.2(3) allowing a child to conduct proceedings without a litigation friend.
true
when will the deemed date of service be for first class post?
second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day or if not the next business day after that day
when will the deemed date of service be for a document exchange
the second day after it was left with, delivered to or collected by the relevant service provider provided that day is a business day or if not the next business day after that day
when will the deemed date of service be for delivering document to or leaving it at a permitted address
if it’s delivered to or left at the permitted address on a business day before 4.30 on that day or in any other case on the next business day after that day
when will the deemed date of service be for fax
if the transmission of the fax is completed on a business day before 4.30 on that day or the next business day after the day on which it was transmitted
when will the deemed date be of other electronic method
if email or other electronic transmission is sent on a business day before 4.30 on that day or in any other case on the next business day after the dat on which it was sent
when will the deemed date be on personal service
if the document is served personally before 4.30 on a business day on that day or in any case on the next business day after that day.
true or false:
where court serves a document in accordance with 6.4 or 6.21(2), the method will normally be first class post
true
if the document is posted on a monday, when will the day of deemed service is?
wednesday
when is a part 8 procedure used?
to seek court’s decision on a question which is unlikely to involve a substantial dispute of fact
in the county court, where must a claim under part 8 be made?
at any CC hearing centre unless enactment, rule or PD states otherwise
true or false:
Court may at any stage order the claim to continue as if C hadn’t used the part 8 procedure and if it does so, the court may give any directions it considers appropriate.
true
when undergoing the part 8 procedure, what must the claim form state
that part 8 applies,
i. question which C wants to decide or
ii. Remedy which C is seeking and legal basis for claim to that remedy
(c) if claim is being made under enactment- what is the enactment
(d) if C is claiming in a representative capacity, what is the capacity
(e) if D is sued in a representative capacity, what is the capacity
for an acknowledgment of service in part 8, what must the defendant do?
file acknowledgment of service in relevant practice form not more than 14 days after service of claim form
Serve acknowledgement of service on C and any other party
what must a part 8 acknowledgment of service must state?
(a) whether D contests claim; and
(b) if D seeks a different remedy from that set out in claim form, what the remedy is.
true or false:
D may attend hearing of claim but may not take part unless court gives permission.
true
when may a consequence of not filing an acknowledgment of service be applied?
where D has failed to file an acknowledgment of service and
time period for do so has expired
when C files a claim form under part 8, what must they also file?
written evidence on which they intend to rely
true or false:
C must serve their written evidence on D with claim form
true
true or false:
D who wishes to rely on written evidence must file it when they file their acknowledgement of service.
If they do so, they must also at the same time serve a copy of their evidence on other parties
true
true or false:
C may rely on the matters set out in claim form as evidence under this rule if the claim form is verified by a statement of truth
true
true or false:
Party may apply to court for an extension of time to serve and file evidence or for permission to serve and file additional evidence under 8.6(1)
true
true or false:
Parties may agree in writing on an extension of time of not more than 14 days for serving and filing evidence from D and of not more than 28 days for serving and filing evidence in reply.
true
true or false:
Any such agreement must be filed with the court with the acknowledgement of service or if it relates to evidence in reply, within 28 hours of agreement.
true
when may written evidence be relied on?
if it’s been served in accordance with 8.5 or court gives permission
true or false:
Court may require or permit a party to give oral evidence at the hearing
true
true or false:
Court may give directions requiring the attendance for cross-examination of a witness who’s given written evidence.
true
where D objects to use of part 8 procedure, what could he argue why it shouldn’t be used
there’s a substantial dispute of fact
the use of part 8 procedure isn’t required or permitted by rule or PD
in order to object to the use of the part 8 procedure, where must D state his reasons?
when he files his acknowledgment of service
true or false:
CPR 8.5 requires D who wishes to rely on written evidence to file it when he files his acknowledgement of service
true
true or false:
When court receives acknowledgment of service and any written evidence, it will give directions as to the future management of the case
true
true or false:
CPR 8.1(3) allows the court to make an order that the claim continue as if C hadn’t used the part 8 procedure.
true
true or false:
Where part 8 is followed-
A. provision is made in this part for matters which must be stated in claim form and D isn’t required to file a defence and therefore-
Part 16 doesn’t apply aka statements of case
Part 15 aka defence and reply doesn’t apply
Any time limit in these rules which prevents parties from taking a step before a defence is filed doesn’t apply
Requirement under 7.8 to serve on D a form for defending claim doesn’t apply
true
true or false:
C may not obtain judgment by request on an admission and therefore-
14.2 doesn’t apply
Requirement under 7.8 to serve on D a form for admitting the claim doesn’t apply; and
Claim shall be treated as allocated to multi-track and therefore part 26 doesn’t apply.
true
True or false:
in respect of certain equity proceedings the County Court has jurisdiction only where the value of the fund or land etc. does not exceed £350,000: s. 23 CCA; County Court Jurisdiction Order 2014 para. 3;
True
