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DRLP > Commencing proceedings > Flashcards

Commencing proceedings Flashcards

1
Q

Particulars of claim

A

separate document that is served either together with or after the claim form. POC sets out the material facts and the legal cause of action being brought by the claimant

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2
Q

Claim form

A

form used to start proceedings containing a brief summary of the facts

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3
Q

Counterclaim

A

claim made by D to offset C’s claim

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4
Q

Who issues proceedings?

A

The court issues proceedings through the allocation of a claim number and the sealing of the claim form

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5
Q

How long is a claim form valid for?

A

4 months

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6
Q

What form is used for the claim form

A

N1

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7
Q

What does the claim form include?

A
  • C’s name and address
  • D’s name and address
  • brief details of claim
  • claim value
  • preferred County Court hearing centre for the hearing
  • D’s address for service
  • POC
  • Statement of truth
  • C’s/legal representative’s address for correspondence
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8
Q

How are the particulars of claim served?

A

Can be included on the N1 form or attached to the N1 form in a separate document

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9
Q

What does the POC set out?

A
  • Detailed chronology of the facts of the case
  • Specifies legal elements of the claim
    [Evidence accompanies the POC where appropriate]
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10
Q

What cases go to County Court?

A
  • £100,000 or less
  • PI £50,000 or less
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11
Q

What cases go to High Court?

A
  • £100,000 or more if the case is complex on the facts and the outcome is a matter of public interest (if not, CC)
  • £50,000 or more if the case is complex on the facts and the outcome is a matter of public interest (if not, CC)
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12
Q

What are the King’s Bench Division’s Specialist courts?

A
  • Administrative Court
  • Admiralty Court
  • Commercial Court
  • Mercantile Court
  • Technology and construction court
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13
Q

What are the Chancery Division’s Specialist courts?

A
  • Insolvency and Companies Court
  • Intellectual Property Enterprise Court
  • Patents Court
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14
Q

Steps required for valid service of document when personally serving documents

A
  1. D is individual = individual
  2. D is company = senior position within company
  3. D is partnership = partner or someone who has the control or management of the business at its principal place of business at the time
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15
Q

Serving through first-class post or document exchange steps

A

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

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16
Q

Steps for leaving the claim form at a specified place

A

delivering/leaving doc at the relevant place

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17
Q

Can you fax or email to serve documents

A

Yes, if recipient expressly confirmed that they are happy to accept service by fax/email

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18
Q

Can the court authorise other methods of service?

A

Yes, in exceptional circumstances. It can authorise service through text message or posting/delivering to someone who knows D

19
Q

Where can a claim be served for an individual?

A

usual/last known residence

20
Q

Where can a claim be served for Individual being sued in the name of a business

A

usual/last known residence or principal/last known place of business

21
Q

Where can a claim be served for Individual being sued in the name of a partnership

A

usual/last known residence or principal/last known place of partnership

22
Q

Where can a claim be served for LLP

A

principal place of partnership/any place of business of the partnership within the jurisdiction that has a real connection with the claim

23
Q

Where can a claim be served for Corporation incorporated in E&W

A

principal office of corporation or where it takes place its activities which has a real connection to the claim

24
Q

Where can a claim be served for Corporation registered in E&W with (ltd)

A

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

25
Q

If D has instructed solicitors to accept service what should C do?

A

Serve documents to D’s solicitors at last known/principal address

26
Q

Do days where the period ends on a specific date count as clear days?

A

Yes

27
Q

Are events counted as clear days?

A

No

28
Q

When are weekends and bank holidays not counted when counting days

A

5 days or less

29
Q

When is the latest date a POC be served?

A

14 days after the claim form is served as long as it does not fall outside of the 4 month period that begins after the court issues proceedings

30
Q

deemed service

A

when a document or application is legally treated by the CPR as having been served on a person, irrespective of whether it actually arrived

31
Q

When is a claim form deemed served?

A

On the second business day after the relevant step has taken place

31
Q

When are other documents (excluding claim forms) deemed served?

A
  • in cases of personal service, fax, email or delivery to an address and served before 4.30 pm of a business day then deemed service is the same day and if after 4.30pm then deemed service is the next business day
  • for document exchange and first class post, the second business day after it is posted (ie if posted on Wednesday deemed service is Friday; if posted on a Friday, deemed date of service is Monday)
32
Q

What must C do after the particulars of claim?

A

file a certificate of service with the court within 21 days of the date of service of the particulars of claim

33
Q

Who can apply to remove/add/substitute a party?

A
  • existing party
  • party who wants to become a party
  • the court is entitled to add anyone
33
Q

What must be filed at court to add/remove/substitute a party in proceedings?

A
  • application notice
  • amended copy of the claim form and POC
  • if a claimant is being added, signed written consent of that new claimant
34
Q

Grounds for applying to add/remove/substitute a party inside the limitation period

A
  • it is desirable to add new party (so court can resolve all the disputes)
  • issue involving a new party and an existing party which is connected to the matters in dispute in the proceedings and desirable to add the new party so court can resolve issue
35
Q

Grounds for applying to add/remove/substitute a party outside the limitation period

A
  • new party is substituting a mistake (ie a party was named erroneously)
    • the claim cannot be properly carried out without the new C or D
    • the og party has died/bankrupt and their interest/liability has passed to a new party
36
Q

Rules to amending a cause of action

A
  • if doc has not been served on any other party then permission to court is not necessary
    • if doc has been served the party making the application to amend will either need
      • written consent of all other parties to the action to amend the document
      • permission of the court
37
Q

Do you need permission from the court to serve D within the EU?

A

Yes if the claim was issued after 1 Jan 2021

38
Q

Do you need permission from the court to serve D outside of the EU?

A

Yes

39
Q

When serving outside of the jurisdiction who provides the certificate of service?

A

The foreign authorities

40
Q

When serving outside of the jurisdiction who serves the Defendant?

A

The Foreign authorities

41
Q
A

DRLP (9 decks)

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