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SQE 1 - Dispute Resolution > Commencing Proceedings > Flashcards

Commencing Proceedings Flashcards

1
Q

When should a claim be commenced in the County Court?

A
  • claims worth less than £100,000
  • personal injury claims worth less than £50,000
  • claims more than £100,000 if relatively simple facts
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2
Q

When should a claim be commenced in the High Court?

A
  • 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
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3
Q

What is disregarded when calculating the value of a claim?

A
  • 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
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4
Q

What cases are heard in the King’s bench division of the High court?

A

Contract and tort disputes that are complex and/or involve substantial sums of money

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5
Q

What cases are heard in the chancery division of the High court?

A

Property and business disputes that are complex and/or involve substantial sums of money

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6
Q

Who issues proceedings?

A

The court once the claimant has filed the claim form, the particulars of claim and any supporting evidence

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7
Q

How long is the claim form valid for after being issued?

A

4 months within which the claim must be served on the defendant

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8
Q

What are the permitted methods of service for the claim form?

A
  • 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
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9
Q

What steps are required for personal service?

A
  1. if the defendant is an individual the claim form should be left with that individual
  2. if the defendant is a company the claim form should be left with a person holding a senior position
  3. if the defendant is a partnership, the claim form should be left with a partner
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10
Q

What is the appropriate place of service for an individual?

A

Usual or last known residence

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11
Q

What is the appropriate place of service for an individual being sued in the name of a business?

A

Usual or last known residence of the individual or principle or last known place of business

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12
Q

What is the appropriate place of service for an individual being sued in the name of a partnership?

A

Usual or last known residence of the individual or principle or last known place of business of the partnership

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13
Q

What is the appropriate place of service for a limited liability partnership?

A

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

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14
Q

What is the appropriate place of service for a corporation in England and Wales?

A

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

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15
Q

What is the appropriate place of service for a company registered in England and Wales?

A

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

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16
Q

If the defendant has instructed solicitors where should the claim for be served?

A

The claim form must be served on the defendant unless it has been specified that the solicitors can accept service on their behalf

17
Q

What are the CPR regarding how to count days for time limits?

A
  • ‘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
18
Q

If a claim form was issued on the 14 May what date would it need to be served by?

A

Midnight on 14 September

19
Q

When can the particulars of claim be served if it is separate to the claim form?

A

Up to 14 days after the claim form provided it does not fall outside the 4 month time period

20
Q

When is a claim form deemed served?

A

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

21
Q

When is a document, other than a claim form, deemed served by personal service, fax, email or by delivering the document to an address?

A
  • 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
22
Q

When is a document, other than a claim form, deemed served by first-class post?

A
  • 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
23
Q

If a defence is sent be first-class post on a Wednesday when will it be deemed served?

A

Friday

24
Q

If a defence was sent by first-class post on Friday when is it deemed served?

A

Monday

25
Q

Who can make an application to add, remove or substitute a party?

A

Either an existing party or by a person who wishes to become a party or the court on its own initiative

26
Q

What documents need to be filed with the court to make an application to add, remove or substitute a party?

A
  • the application notice
  • an amended copy of the claim form and particulars of claim
  • where a claimant is being added the signed written consent of the new claimant must be filed with the court or the app will not be granted
27
Q

What are the grounds of an application to add, remove or substitute a party within the limitation period?

A
  • it is desirable to add the new party so the court can resolve all the matters in dispute in the proceedings
  • there is an issue involving the new party and an existing party which is connected to matters in dispute in the proceedings and it is desirable to add the new party so the court can resolve the issue
28
Q

What are the grounds of an application to add, remove or substitute a party outside the limitation period?

A
  • the new party is to be substituted for a party who was named in the claim form in mistake for the new party; or
  • the claim cannot be properly carried on by or against the original party unless the new party is added or substituted as claimant or defendant; or
  • the original party has died or had a bankruptcy order made against them and their interest or liability has passed to the new party
29
Q

Can a statement of case (particulars or defence) be amended?

A
  • if it has not been served on the other party then permission of the court is not required
  • if the document has been served on the other party the party making the application to amend will either need:
    1. written consent of all other parties to the action to amend the document
    2. permission of the court
30
Q

What is the time limit for a claim form to be served if outside jurisdiction?

A

Within 6 months instead of 4 month

31
Q

What is required to serve a claim form in an EU country if the English court has jurisdiction?

A
  • if the claim form was issued after 1 Jan 2021 permission from the court to serve the claim form and documents will need to be sought prior to service taking place.
  • if before 1 Jan 2021 no permission needed
32
Q

What is required to serve a claim form outside the EU?

A

Permission from the court will have to be sought to serve the claim form and associated documents

33
Q

How can a claim form and documents be served outside the jurisdiction?

A

Once permission from the court has been obtained, service itself needs to be carried out in accordance with the procedures under the law of the country concerned. The claimant should provide the claim form and other documents to the authorities in England and Wales who then submit that to the authorities in the country in which the defendant is to be served

SQE 1 - Dispute Resolution (17 decks)

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