Commencing Proceedings

Question 1

true or false:
the high court has exclusive jurisdiction in respect of certain types of proceedings

Answer 1

true.

Question 2

what is the general rule where the high court and the county court appear to have concurrent jurisdiction?

Answer 2

the claimant has a choice as to where proceedings are commenced.

Question 3

what are the exceptions to the general rule of where proceedings are commenced?

Answer 3

where there is an non PI money claim where the value is more than £100,000 and where it may be commenced in the High Court only.
a claim which includes damages for person injuries must not be commenced in High Court unless value of claim is £50,000 or more
certain equity proceedings where County Court has jurisdiction where value of fund or land doesn’t exceed £350,000
where an enactment expressly allocates jurisdiction, a claim must be issued in whichever court is specified.

Question 4

true or false:
proceedings should be commenced in the High Court if C believes that C should be tried by a High Court Judge by reason of the financial value of the claim, its complexity or it’s importance to the general public.

Answer 4

true

Question 5

when considering the value of a claim determined pursuant to 16.3, what must be disregarded?

Answer 5

interest
costs
the court may make a finding of contributory neg
D may make a counterclaim or D includes a set-off
the claim may be subject to recoverable benefits.

Question 6

Name three ways proceedings can occur?

Answer 6

through using a part 7 claim form
using an alt procedure for part 8 claims
following specific procedure in respect of claim contained in CPR Part 54-63 and 65

Question 7

what must the N1 form (Part 7 form) contain?

Answer 7

a concise statement of the nature of the claim
specify the remedy in which C seeks
where C is making a money claim, contain a statement of value and
contain such other matters as may be set out in a PD

Question 8

under Part 7 and pursuant to r16.3(2), what must the statement of value specify?

Answer 8

the amount of money being claimed or that C expects to recover more than £10,000, more than £10,000 but no more than £25,000 or more than £25,000 or that C can’t say how much he expects to recover.

Question 9

true or false:
if claim is for damages for PI, C must state whether the amount he expects to recover as damages for pain, suffering and loss of amenity is not more than £1,500 or more than £1,500

Answer 9

true

Question 10

as to Q9, what would this affect?

Answer 10

track allocation as if you do have damages for PSLA, then this would have to be diverted from small claims track to fast track.

Question 11

true or false:
if the claim is being issued in High Court, Claim form must explain why?

Answer 11

true

Question 12

when are proceedings started under part 7?

Answer 12

when court issues a claim form at the request of C

Question 13

how long is a claim form valid for under part 7?

Answer 13

4 months at first instance but 6 months if serving outside the jurisdiction

Question 14

true or false:
Particulars of claim may be contained in or served with the claim form. Where this is not done, they must be served within 14 days after service of the claim form and no later than the latest time for serving the claim form.

Answer 14

true.

Question 15

what must the claim form and the particulars of claim (if served separately) be verified by?

Answer 15

a statement of truth in accordance with r22 and PD 22

Question 16

true or false:
under part 7, there must be forms for admitting or defending the claim and acknowledging service served with the particulars of claim

Answer 16

true.

Question 17

when does a part 8 procedure apply?

Answer 17

where C seeks court’s decision on a Q which is unlikely to involve a substantial dispute of fact or a rule, PD or enactment requires or merits used of the procedure.

Question 18

what must a part 8 claim form state?

Answer 18

that this is a claim in which part 8 applies
the question which C wants court to decide or the remedy which C is seeking together with the legal basis for remedy.
if the claim is being made under an enactment what enactment is.
if C is claiming in a representative capacity, what that capacity is and
if D is sued in a representative capacity, what that capacity is.

Question 19

true or false:
a claim under the part 8 procedure may be made at any county court hearing centre unless an enactment, rule or PD states otherwise.

Answer 19

true.

Question 20

true or false:
the court may at any stage order the claim to continue as if C had used the Part 8 procedure and if it does so, the court may give any directions it considers appropriate?

Answer 20

false, the actual phrase is:
The court may at any stage order the claim to continue as if the claimant had not used the Part 8 procedure and, if it does so, the court may give any directions it considers appropriate

Question 21

Where C used the part 8 procedure, what can’t they obtain?

Answer 21

a default judgment under part 12

Question 22

under part 8, how long does D have to file an acknowledgment of service and how must he serve this?

Answer 22

he must file the acknowledgment in the relevant practice form not more than 14 days after the service of the claim form and also serve the acknowledgment of service on C and any other party.

Question 23

what must the acknowledgment of service state under part 8?

Answer 23

whether D contests the claim and if D seeks a different remedy from that set out in the claim form what that remedy is

Question 24

What is the consequence of not filing an acknowledgment of service under part 8?

Answer 24

D may attend hearing but will not be able to take part in hearing unless court gives permission

Question 25

true or false:
where a claimant files the claim form under part 8, they must file any written evidence on which they intend to rely on with the claim form and serve these on D.

Answer 25

true.

Question 26

true or false:
D who wishes to rely on a written evidence must file it when they file their acknowledgment of service and at the same time serve a copy of their evidence on the other parties.

Answer 26

true.

Question 27

After D files their acknowledgment of service and their evidence on C, what must C do and when must be filed?

Answer 27

they must file further written evidence in reply and it must be done within 14 days of service of D’s evidence on them and they must serve a copy of their evidence on other parties.

Question 28

true or false:
C can rely on matters set out in the claim form as evidence under this rule if the claim form is verified by a statement of truth.

Answer 28

true.

Question 29

true or false:
A party may apply to the court for an extension of time to serve and file evidence or for permission to serve and file additional evidence under rule 8.6(1).

Answer 29

true

Question 30

true or false:
The parties may agree in writing on an extension of time of not more than 14 days for serving and filing evidence from the defendant and of not more than 28 days for serving and filing evidence in reply

Answer 30

true

Question 31

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 48 hours of the agreement.

Answer 31

true

Question 32

when might written evidence be relied at the hearing of the claim?

Answer 32

when it has been served in accordance with rule 8.5 or the court gives permission

Question 33

how can a party give oral evidence at the hearing under part 8?

Answer 33

the court may require it or permit a party to give it

Question 34

what may the court give as a direction under 8.6(3)

Answer 34

directions requiring the attendance for cross-examination of a witness who has given written evidence.

Question 35

when might D contend that a part 8 procedure shouldn’t be used and what must he do to show this?

Answer 35

where there is a substantial dispute of fact and the use of part 8 isn’t required or permitted by a rule or PD
he must state his reasons when he files his acknowledgment of service.

Question 36

true or false:
when the court receives the acknowledgment of service and any written evidence, it will give directions as to the future management of the case

Answer 36

true.

Question 37

true or false:
under part 8, D isn’t required to file a defence?

Answer 37

true

Question 38

what parts, limits or requirements don’t apply under part 8?

Answer 38

part 16 (statements of case)
part 15 (defence and reply)
any time limit which prevent parties from taking a step before a defence
the requirement under rule 7.8 to serve on D a form for defending the claim

Question 39

true or false:
Where part 8 is used, C may not obtain judgment by request on an admission and therefore rules 14.4- 14.7 don’t apply and the requirement under rule 7.8 on D a form for admitting the claim doesn’t apply.

Answer 39

true

Question 40

true or false:
a part 8 claim shall be treated as allocated to the multi-track and therefore part 26 doesn’t apply

Answer 40

true.

Question 41

when might a document be served?

Answer 41

personal service
first class post
leaving at a place specified in rule 6.23
fax or other means of electronic communication in accordance with PD6A or
any method authorised by court under r6.27

Question 42

true or false:
a company may be served by any method under 6.20 and by any methods permitted under Companies Act 2006

Answer 42

true

Question 43

true or false:
a limited liability partnership may be served by any method under 6.20 or any methods permitted under companies act 2006 as applied with modification by regulations made under limited liability partnerships act 2000.

Answer 43

true

Question 44

true or false:
a party to proceedings will serve a document which that party has prepared except where a rule or PD provides court will serve doc or court otherwise

Answer 44

true

Question 45

when will a court not serve a document which it has prepared?

Answer 45

where a rule or PD provides that a party must serve the doc
the party on whose behalf the doc is to be served notifies the court that the party wishes to serve it or
the court orders otherwise

Question 46

true or false:
where the court is to serve a document, it is for the court to decide which method of service is to be used

Answer 46

true

Question 47

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

Answer 47

true.

Question 48

true or false:
Where required by another Part, any other enactment, a practice direction or a court order, a document must be served personally.

Answer 48

true

Question 49

when might a document be not served personally?

Answer 49

where party to be served has given an address for service under rule 6.23 or
in any proceedings by or against the crown

Question 50

true or false:
A document may be served personally as if the document were a claim form in accordance with rule 6.5(3).

Answer 50

true

Question 51

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)

Answer 51

true

Question 52

true or false:
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.

Answer 52

true

Question 53

true or false:
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 this order may be made without notice.

Answer 53

true

Question 54

true or false:
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.

Answer 54

true

Question 55

true or false:
6.25 doesn’t apply where the court has made an order under rule 21.2(3) allowing a child to conduct proceedings without a litigation friend.

Answer 55

true

Question 56

what is the deemed date of service if sent by first class post?

Answer 56

the second day after it was posted, left with, delivered or collected by the service provider provided that day is a business day and if not the next business day

Question 57

what is the deemed date of service if there has been a document exchange?

Answer 57

the second day after it was left with, delivered or collected by the relevant source provider provided that day is a business day if not the next business day

Question 58

what is the deemed date of service if delivering the document to or leaving it at a permitted address?

Answer 58

If it is delivered to or left at the permitted address on a business day before 4.30p.m., on that day; or in any other case, on the next business day after that day.

Question 59

what is the deemed date of service if the document is sent by fax

Answer 59

If the transmission of the fax is completed on a business day before 4.30p.m., on that day; or in any other case, on the next business day after the day on which it was transmitted.

Question 60

what is the deemed date of service if there was any other electronic method used?

Answer 60

If the e-mail or other electronic transmission is sent on a business day before 4.30p.m., on that day; or in any other case, on the next business day after the day on which it was sent.

Question 61

what is the deemed date of service if personal service has been used?

Answer 61

If the document is served personally before 4.30p.m. on a business day, on that day; or in any other case, on the next business day after that day.

Question 62

when does rule 6.15 apply?

Answer 62

it applies to any document in the proceedings as it applies to a claim form and reference to the defendant in that rule is modified accordingly

Question 63

where can service by document exchange take place?

Answer 63

(1) the address at which the party is to be served includes a numbered box at a DX, or
(2)the writing paper of the party who is to be served or of the solicitor acting for that party sets out a DX box number, and
(3)the party or the solicitor acting for that party has not indicated in writing that they are unwilling to accept service by DX.

Question 64

when is service effected by post, an alternative service provider or DX

Answer 64

(1)placing the document in a post box;
(2)leaving the document with or delivering the document to the relevant service provider; or
(3)having the document collected by the relevant service provider.