Commencing Proceedings

Question 1

under a part 7 procedure how do you start a part 7 proceeding as stated in 7.2

Answer 1

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

Question 2

true or false:
C may use single claim form to start all claims which can be conveniently disposed of in the same proceedings.

Answer 2

true see 7.3

Question 3

what must the particulars of claim be placed in

Answer 3

contained in or served with the claim form

Question 4

true or false:
the particulars of claim must be served on D by C within 14 days after serving claim form

Answer 4

true

Question 5

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

Answer 5

7 days

Question 6

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.

Answer 6

true

Question 7

true or false:
part 7 claims can be started in the high court or county court

Answer 7

true

Question 8

when may proceedings be started in the high court

Answer 8

if the value of claim is more than £100,000

Question 9

when may proceedings be started in the high court if it is for PI claims

Answer 9

£50,000 or more

Question 10

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.

Answer 10

true

Question 11

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

Answer 11

true

Question 12

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

Answer 12

true

Question 13

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.

Answer 13

true

Question 14

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.

Answer 14

true

Question 15

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.

Answer 15

true

Question 16

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.

Answer 16

true

Question 17

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.

Answer 17

true

Question 18

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

Answer 18

true

Question 19

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?

Answer 19

part 23 and supported by evidence

Question 20

for supporting evidence under an application under 7.6, what should the evidence state

Answer 20

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

Question 21

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.

Answer 21

true

Question 22

true or false:
7.6(3) includes cases where court hasn’t even tried to serve claim form through neglect

Answer 22

true

Question 23

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.

Answer 23

true

Question 24

how may a claim form be served?

Answer 24

(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.

Question 25

when will the court not serve a claim form?

Answer 25

Rule or PD provides that C must serve it
C notifies court that C wishes to serve it or
Court orders or directs otherwise

Question 26

true or false:
Where court is to serve claim form, it is for court to decide which method of service is to be used.

Answer 26

true

Question 27

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.

Answer 27

true

Question 28

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

Answer 28

won’t try to serve claim form again

Question 29

how must the claim be served where required by another part, any other enactment, PD or court

Answer 29

personally

Question 30

true or false:
In other cases, claim form may be served personally except-
6.7 applies; or
In any proceedings against the Crown

Answer 30

true

Question 31

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

Answer 31

true

Question 32

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

Answer 32

true

Question 33

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.

Answer 33

true

Question 34

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

Answer 34

true

Question 35

where will the place of service be for the individual?

Answer 35

usual or last known residence

Question 36

where will the place of service be for the individual being sued in name of a business

Answer 36

usual or last known residence of the individual or principal or last known place of business

Question 37

where will the place of service be for the individual being sued in business name of a partnership

Answer 37

usual or last known residence of the individual or principal or last known place of business of the partnership

Question 38

where will the place of service be for a limited liability partnership

Answer 38

principal office of the partnership or any place of business of the partnership within jurisdiction which has a real connection with the claim

Question 39

where will the place of service be for a corporation other than a company incorporated in England and Wales

Answer 39

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.

Question 40

where will the place of service be if the company is registered in England and Wales

Answer 40

principal office of the company or any place of business of the company within jurisdiction which has a real connection with the claim

Question 41

where will the place of service be if any other company or corporation

Answer 41

any place within jurisdiction where the corporation carries on its activities or any place of business of the company within the jurisidiction.

Question 42

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”).

Answer 42

true

Question 43

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.

Answer 43

true

Question 44

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.

Answer 44

true

Question 45

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).

Answer 45

true

Question 46

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.

Answer 46

true

Question 47

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

Answer 47

true

Question 48

when is a claim form in the UK deemed to be served?

Answer 48

2nd business day after service of claim form

Question 49

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

Answer 49

true

Question 50

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

Answer 50

true

Question 51

what must an application under 6.15 have

Answer 51

it must be supported with evidence and it may be made without notice

Question 52

an order under 6.15 must specify what?

Answer 52

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

Question 53

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

Answer 53

true

Question 54

what is the step required for 1st class post, document exchange or other service which provides for delivery on next business day

Answer 54

posting, leaving with, delivering to or collection by relevant service provider

Question 55

what is the step required for delivery of a document to or leaving it at a relevant place

Answer 55

delivering to or leaving document at relevant place

Question 56

what is the step required for personal service under 6.5

Answer 56

completing relevant step required by 6.5(3)

Question 57

what is the step required for electronic method

Answer 57

by sending an e-mail or other electronic transmission.

Question 58

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.

Answer 58

true

Question 59

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.

Answer 59

true

Question 60

what must an application for an order extending time for compliance must have

Answer 60

must be supported with evidence and it may be made without notice

Question 61

when may service by document exchange take place

Answer 61

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

Question 62

how is service effect by post, alternative service provider or DX?

Answer 62

Placing document in post box
Leaving document with or delivering document to the relevant service provider
Having document collected by relevant service provider.

Question 63

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;

Answer 63

true

Question 64

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

Answer 64

true

Question 65

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.

Answer 65

true

Question 66

how is personal service on a registered company or corporation effected

Answer 66

by leaving a document with a person holding a senior position

Question 67

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.

Answer 67

true

Question 68

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.

Answer 68

true

Question 69

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.

Answer 69

true

Question 70

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.

Answer 70

true

Question 71

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.

Answer 71

true

Question 72

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.

Answer 72

true

Question 73

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 73

true

Question 74

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).

Answer 74

true

Question 75

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.

Answer 75

true

Question 76

when will the deemed date of service be for first class post?

Answer 76

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

Question 77

when will the deemed date of service be for a document exchange

Answer 77

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

Question 78

when will the deemed date of service be for delivering document to or leaving it at a permitted address

Answer 78

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

Question 79

when will the deemed date of service be for fax

Answer 79

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

Question 80

when will the deemed date be of other electronic method

Answer 80

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

Question 81

when will the deemed date be on personal service

Answer 81

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.

Question 82

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

Answer 82

true

Question 83

if the document is posted on a monday, when will the day of deemed service is?

Answer 83

wednesday

Question 84

when is a part 8 procedure used?

Answer 84

to seek court’s decision on a question which is unlikely to involve a substantial dispute of fact

Question 85

in the county court, where must a claim under part 8 be made?

Answer 85

at any CC hearing centre unless enactment, rule or PD states otherwise

Question 86

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.

Answer 86

true

Question 87

when undergoing the part 8 procedure, what must the claim form state

Answer 87

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

Question 88

for an acknowledgment of service in part 8, what must the defendant do?

Answer 88

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

Question 89

what must a part 8 acknowledgment of service must state?

Answer 89

(a) whether D contests claim; and
(b) if D seeks a different remedy from that set out in claim form, what the remedy is.

Question 90

true or false:
D may attend hearing of claim but may not take part unless court gives permission.

Answer 90

true

Question 91

when may a consequence of not filing an acknowledgment of service be applied?

Answer 91

where D has failed to file an acknowledgment of service and
time period for do so has expired

Question 92

when C files a claim form under part 8, what must they also file?

Answer 92

written evidence on which they intend to rely

Question 93

true or false:
C must serve their written evidence on D with claim form

Answer 93

true

Question 94

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

Answer 94

true

Question 95

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

Answer 95

true

Question 96

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)

Answer 96

true

Question 97

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.

Answer 97

true

Question 98

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.

Answer 98

true

Question 99

when may written evidence be relied on?

Answer 99

if it’s been served in accordance with 8.5 or court gives permission

Question 100

true or false:
Court may require or permit a party to give oral evidence at the hearing

Answer 100

true

Question 101

true or false:
Court may give directions requiring the attendance for cross-examination of a witness who’s given written evidence.

Answer 101

true

Question 102

where D objects to use of part 8 procedure, what could he argue why it shouldn’t be used

Answer 102

there’s a substantial dispute of fact
the use of part 8 procedure isn’t required or permitted by rule or PD

Question 103

in order to object to the use of the part 8 procedure, where must D state his reasons?

Answer 103

when he files his acknowledgment of service

Question 104

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

Answer 104

true

Question 105

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

Answer 105

true

Question 106

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.

Answer 106

true

Question 107

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

Answer 107

true

Question 108

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.

Answer 108

true

Question 109

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;

Answer 109

True