Commencing Proceedings Flashcards by Freya Patten

Which courts deal with civil claims?

County court or high court

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When MUST the claim be started in the county court?

If the value of the claim is 100,000 or LESS

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When MAY a claim be commenced in the High Court?

If the value of the caes exceeds 100,000

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What are the costs of personal injury for the case to start in high court/county court?

They cannot be started in the High Court, unless the value of the claim is 50,000 or more.

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What factors are taken into account when the high court can be used if a claim is in excess of 100,000?

If the claim is complex, in relation to the facts, legal issues, remedy and procedures

The outcome is important to the public in general

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What consists of claims of 100,000 or less?

Specified claims - debt claims
Unspecific claims for damages, where the amount in dispute will need to be quantified by the court

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What is the single national county court called for money-only claims?

Civil national business centre

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What court deals with specified sums of money for amount of up to 100,000

County court business centre at Northampton

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What are the 3 divisions in the high court?

KBD - contract and tort

The chancery division - used for disputes over land, trusts, IH, compan etc

Family division- divorces and adoption

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What documents are needed to issue proceedings?

A claim form, form N1

A particulars of claim,

Documents that are required to be annexed by the CPR - such as a copy of any contract etc

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What should be the context for the claim form?

Point of departure for litigation.
It summarises the most important aspects of the claim - both on substantive law that underpins the case, and the facts in support.

The content should be sufficiently detailed so that the court and other parties understand the claimants case.

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What must be added to the top right hand corner of the claim form?

Details of the relevant court.

County court money claims centre for money only claims

Or appropriate county court

Or relevant high court division.

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What details of the parties must be included int he claim form?

Parties names and status must be described with full address and postcode. Failing to do so could result in proceedings being struck out.

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What are the general rules for parties in individuals, sole traders and companies?

Individual - full name and title

Sole trader: business name if they use it, as well as individual

Partnership: in the name of the FIRM

Companies: in the name of the FIRM and registered address.

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What is the statement of value on a claim form?

Where the claim is for money, the estimated or actual value of the claim.

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For unspecified claims, what must be inserted in the statement of value on a claim form?

The claimant “expects to recover more than”…

Not more than 10,000

More than 10,000 but no more than 25,000

More than 25,000

What has the county court money claims centre changed to?

14th august: Salford CCM has changed to
Civil national business centre, CNBC

What is the statement of truth?

I believe that the facts stated in this document are true. I understand that proceedings for contempt of court may be fought against anyone who makes a false statement in a document verified by a statement of truth, without an honesty belief in its truth.

Who can sign the statement of truth?

Either the party, or their elgal representative

If not an individual:

any of the partners or person having control or management of the business
a person holding senior position such as director, secretary, chief executive, treasurer.

When must the claim form be served on the other parties?

Within 4 moths of being issued to the claimant.

When must the claim form be served on the other parties?

Within 4 moths of being issued to the claimant.

Which part of the CPR is service of the claim form set out in?

CPR Part 6

What are the 5 methods of service of the claim form?

Personal service
First class post or DX
Leaving the claim form at a specified place
Fax or other means of electrical
Any other method authorised by court

How do you personally serve a claim form?

To a person, simply hand it over.

For a partnership, either leave with a partner or a rson who has control or management of the partnership at its PRINCIPAL place of business

Company, leave documents with a person who holds senior position, such as dierctor, treasurer, secretary, chief executive

How do you leave a claim form by fax or other electronic means?

For the party to be served, they must have EXPRESSLY CONFIRMED they are willing to accept service in this manner. Just becuase they have an email address on the party’s headed paper, is NOT ENOUGH However, fax number on SOLICITORS letterhead IS sufficient.

Where do you serve the claim form?

Individual - usual or last known residence Individual sole trader - same, or principal last known business place Partnership - last known of individual, or principal office LLP - principle office Company, principal office, or any place of business of the company within jurisdiction.

When do you serve the claim form?

Once the claim form has been issued by the courts, the claimant then has 4 CALENDAR MONTHS to serve it on the defendant.

What is deemed service of claim forms?

This is what the CPR adopted, the concept of deemed service. To avoid disputes of when documents are served.

What is the deemed serve of a claim form, Rule 6.14?

Indisputable presumption that the claim form is deemed to have been served on the SECOND BUSINESS DAY after the step required has occurred. A business day is ANY DAY except sat, sun, bank holiday Step required - putting claim in post etc

What is the deemed service of other documents other than claim form?

If: Personal service, deliver to address, fax or EMAIL: If served BEFORE 4.30 - on THAT DAY if business. If not, on the next business day If; First class post or DX: The second day after it was posted, provided that day is BUSINESS. If not, the next business day

When must POC be served?

Either at the same time as claim form or Within 14 days after service of the claim form.

What happens if a claim form is served out of the jurisdiction?

CPR allows extra time for this to happen. Instead of 4 months, the document must be served on the other parties within 6 months of being issued. Furthermore, there are no special procedures in place with HOW service is effective. CPR Part 6 Claimant must obtain permission to serve proceedings outside jurisdiction, unless there is a contractual English jurisdiction clause.

What is intermediate track?

Claims between 25,000, and 100,000 Claims must involve a maximum of three parties, one claimant and two defendants No more than two experts, giving oral evidence trial, not likely to last longer than three days.

What are the new hearing centres?

County court money claim centre and County Court business centre is replaced with civil National business centre