Commencing Proceedings Flashcards
(33 cards)
When should a claim be commenced in the County Court?
- claims worth less than £100,000
- personal injury claims worth less than £50,000
- claims more than £100,000 if relatively simple facts
When should a claim be commenced in the High Court?
- when the claim is for more than £100,000 or £50,000 for personal injury claims and
- the case has complex facts or
- the outcome of the case has an element of public interest
What is disregarded when calculating the value of a claim?
- interest accumulated
- the legal costs in pursuing the claim
- the costs involved in pursuing any counterclaim
- any amount that may be claimed for contributory negligence
What cases are heard in the King’s bench division of the High court?
Contract and tort disputes that are complex and/or involve substantial sums of money
What cases are heard in the chancery division of the High court?
Property and business disputes that are complex and/or involve substantial sums of money
Who issues proceedings?
The court once the claimant has filed the claim form, the particulars of claim and any supporting evidence
How long is the claim form valid for after being issued?
4 months within which the claim must be served on the defendant
What are the permitted methods of service for the claim form?
- personal service
- first-class post
- leaving the claim form at a specified place
- fax or other means of electronic communication
- any other method authorised by the court
What steps are required for personal service?
- if the defendant is an individual the claim form should be left with that individual
- if the defendant is a company the claim form should be left with a person holding a senior position
- if the defendant is a partnership, the claim form should be left with a partner
What is the appropriate place of service for an individual?
Usual or last known residence
What is the appropriate place of service for an individual being sued in the name of a business?
Usual or last known residence of the individual or principle or last known place of business
What is the appropriate place of service for an individual being sued in the name of a partnership?
Usual or last known residence of the individual or principle or last known place of business of the partnership
What is the appropriate place of service for a limited liability partnership?
The principle office of the partnership or any place of business of the partnership within the jurisdiction that has a real connection with the claim
What is the appropriate place of service for a corporation in England and Wales?
The principle office of the corporation or any place within the jurisdiction where the corporation carries on its activities and which has a real connection with the claim
What is the appropriate place of service for a company registered in England and Wales?
Principle office of the company or any place of business of the company within jurisdiction that has a real connection with the claim
If the defendant has instructed solicitors where should the claim for be served?
The claim form must be served on the defendant unless it has been specified that the solicitors can accept service on their behalf
What are the CPR regarding how to count days for time limits?
- ‘days’ means clear days so the day on which the period begins is not included
- if the day on which the period ends is a specific date (15 July) then the final day is counted as a clear day
- if the day on which the period ends is by reference to an event (14 days before the hearing) then the date if the event is not regarded as a clear day
- where a period specified is 5 days or less, Saturday, Sunday and bank holidays are not counted
If a claim form was issued on the 14 May what date would it need to be served by?
Midnight on 14 September
When can the particulars of claim be served if it is separate to the claim form?
Up to 14 days after the claim form provided it does not fall outside the 4 month time period
When is a claim form deemed served?
On the second business day after the relevant step has taken place - any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day
When is a document, other than a claim form, deemed served by personal service, fax, email or by delivering the document to an address?
- if served before 4.30pm on a business day the deemed date of service is the same day
- if served after 4.30pm on a business day or not on a business day the deemed date of service is the next business day
When is a document, other than a claim form, deemed served by first-class post?
- the second day after it is posted if it is a business day
- if the second day after the document is not a business day, the document will be deemed served the next business day
If a defence is sent be first-class post on a Wednesday when will it be deemed served?
Friday
If a defence was sent by first-class post on Friday when is it deemed served?
Monday