Commencing Proceedings Flashcards
A client has a claim worth £45,000. Which court should it be commenced in?
All claims under £100,000 are commenced in the County Court
How long after a claim form has been issued by the court does it need to be served on the defendant?
Within 4 months
Can a party be added to proceedings as a claimant once a claim has been issued?
Yes, provided the court has received the relevant application, an amended copy of the claim form and signed consent of the party
Which of the following methods cannot be used to serve proceedings on an opponent:
a. Post
b. Text Message
c. Telephone call
c. Telephone call
(NOTE: text messages can only happen with the courts approval).
What are the grounds that need to be proved to add a party to proceedings prior to the expiration of the limitation period?
The applicant must prove that it is desirable to add a new party so the court can resolve all matters in dispute.
Claims worth £100,000 or less should be commenced in which court?
County Court (interest is not counted)
Personal injury claims worth £50,000 or less should be commenced in which court?
County Court (interest is not counted)
Claims worth £100,000 or more should be commenced in which court?
County Court or High Court (interest is not counted)
What are the 3 divisions of the High Court?
- Queens Bench
- Chancery
- Family
What kind of cases does the Queens Bench hear?
Contract and Tort disputes, as well as several specialist courts. It heads complex claims that involve substantial sums of money.
What kind of cases does the Chancery hear?
Civil cases, focusing on business or property disputes, as well as specialist courts
What is the claim form and what information does it ask for?
Form N1:
1. Claimant’s and Defendant’s details
2. Details of claim and particulars of claim
3. Claim Value
4. Preferred Court
5. Legal representative’s address
What are the methods of service of a claim?
a. personal service
b. first class post or document exchange
c. leaving the claim form at a specified place
4. fax or other means of electronic communication (email)
5. any other authorised method (text message)
Steps required for valid service for personal service
a. leaving the claim form with an individual, or if a company, with a senior person of the company
b. if a partnership, claim form should be left with a partner
Steps required for valid service for first class post
posting, leaving with, delivering to or collection by the post service
Steps required for valid service for leaving the claim at a specified place
Delivering or leaving the document at the relevant place
Steps required for valid service for fax or other means of electronic communication
a. completing the transmission of the fax
b. sending the email or other electronic transmission
Where to serve a claim form to an individual
Usual or last known residence
Where to serve a claim form to a Limited Liability Partnership or Limited Company
Principal office of the partnership, or place of business
Where should the claim form be delivered to if the defendant instruction solicitors to accept service on their behalf?
The firms registered office or another office
What do “clear days” mean?
The day which the period begins is not included
When is the final day counted as a clear day?
When the day on which the period ends is a specific date (ie 15 July)
If the day on which the period ends is by reference to an event (ie 14 days before the hearing) is the date of the event regarded as a clear day?
No
Are saturdays, sundays and bank holidays included?
Yes, apart from where a period specified is 5 days or less
When is a claim form deemed serve?
A claim form is deemed served on the second business day after the relevant step has taken place
When is a document other than claim form deemed served if it is served by personal service, fax, email, or delivery to a specified place?
If served before 4.30pm on a business day, the deemed date of service is the same day.
If served after 4.30pm or not on a business day, the deemed date of service is the next business day
When is a document other than claim form deemed served if it is served by first class post or document exchange?
The second day after it is posted, if it is a business day. If not, next business day (e.g posted on friday, deemed served on monday).
Who can make an application to add, remove, or substitute a party and what documents are needed?
Either by an existing party of by a person who wishes to become a party.
- Application Notice
- Amended copy of the claim form and particulars
- if a claimant is being added, the signed written consent of the new claimant
If an application to add, remove or substitute ap arty is made inside the limitation period, what criteria does the applicant need to meet?
- it is desirable (emphasis on desirable!!) to add the new party to that the court can resolve all matters in dispute; or
- there is an issue involving the new party and an existing party which is connected to the matters in the dispute, and it is desirable (again, emphasis on desirable!) to add the new party so that the court can resolve the issue
If an application to add, remove or substitute ap arty is made outside the limitation period, what criteria does the applicant need to meet?
- the new party is to be substituted for a party who was named by mistake
- the claim cannot properly be carried on by or against the original party
- the original party has died or had a bankruptcy order made against them
A claimant wishes to commence proceedings against a company for breach of contract that led the claimant to suffer losses of £95,000. Interest calculated on the damages is £7,496, meaning the total claim is worth £102,496. Evidence is required from multiple experts to determine whether the defendant breached the contract and to quantify the losses that the claimant is arguing they suffered
Which of the following best represents the court in which the claim should be commenced, and why?
A.The claim must be commenced in the High Court. The value of the claim is above £ 100,000 and the matter is complex.
B. The claim may be commenced in the High Court. The value of the claim is above £100,000 and the matter is complex.
C. The claim must be commenced in the County Court. The value of the claim is over £100,000, but a breach of contract matter is not complex enough to warrant being commenced in the High Court.
D. The claim must be commenced in the County Court. The matter is complex, requiring multiple experts, but the value of the base Claim is under £100.000
E. The claim may be commenced in the High Court. Even though the value of the base claim is under £100,000, the matter is sufficiently complex to warrant being commenced in the High Court.
D. The claim must be commenced in the County Court. The matter is complex, requiring multiple experts, but the value of the base Claim is under £100.000
A claimant commences proceedings against their former solicitors (a partnership with three partners) for negligence. The claimant indicates to the court that they intend to serve the claim form and associated documentation themselves personally. The partnership has instructed solicitors through their insurance company to deal with the matter.
Which of the following best reflects the way in which the claimant can achieve valid service of documentation?
A. The claimant should serve the claim form and associated documentation on somebody who has a controlling interest in the partnership’s solicitors
B. The claimant should investigate the registered address or last known place of business of the partnership’s solicitors and serve the claim form and associated documentation on an employee of that firm at the relevant address
C. The claimant should serve the claim form and associated documentation on a member of the partnership at their principal or last known place of business
D. The claimant should serve the claim form and associated documentation on any employee of the partnership at their principal or last known place of business
E. The claimant should serve the claim form and associated documentation on all members of the partnership together at their principal or last known place of business
C. The claimant should serve the claim form and associated documentation on a member of the partnership at their principal or last known place of business
A claim form is issued by the court on Monday 23 August and sent to the claimant to effect service personally The claimant posts the claim form through the letterbox of the correct address of the defendant at 5.15 p.m. on Friday 27 August. Monday 30 August is a
bank holiday.
Which of the following best reflects the correct date of deemed service?
A. The claim form is deemed served on Sunday 29 August.
B. The claim form is deemed served on Monday 30 August.
C. The claim form is deemed served on Tuesday 31 August.
D. The claim form is deemed served on Wednesday 1 September
E. The claim form is deemed served on Thursday 2 September.
D. The claim form is deemed served on Wednesday 1 September
A claimant commences proceedings and indicates to the court that they will deal with the service of those proceedings. Prior to serving the claim form and associated documentation on the defendant, the claimant takes legal advice on the matter from a solicitor.
The solicitor informs the claimant that their claim form and particulars of claim do not plead a proper cause of action, although the limitation period has four years left to run. The claimant therefore needs to amend the proceedings.
Which of the following best reflects the claimant’s position?
A. The claimant will need to apply for permission from the court to amend the proceedings. If permission is granted, the claimant will have four months from the date of the order granting permission to serve the amended claim form on the defendant.
B. The claimant will need to apply for permission from the court to amend the proceedings. If permission is granted, the claimant will have four months from the date that the proceedings were originally issued to serve the amended claim form on the defendant.
C. The claimant does not need the permission of the court to amend the proceedings but must serve the amended claim form on the defendant within four months of the date on which the proceedings were originally issued
D. The claimant does not need the permission of the court to amend the proceedings but must serve the amended claim form on the defendant within four months of the date of amendment.
E. The claimant does not need the permission of the court to amend the proceedings but must serve the amended claim form on the defendant immediately.
C. The claimant does not need the permission of the court to amend the proceedings but must serve the amended claim form on the defendant within four months of the date on which the proceedings were originally issued
A claimant commenced proceedings last week against the defendant, a French company, over breach of a contract with an express provision that the terms will be governed by the law of England and Wales. The claim form is issued by the court and returned to the claimant for service
Which of the following responses best explains the timescales and steps that the claimant now needs to take to validly serve the proceedings?
A. The claimant is required to serve the claim form and associated documentation within six months of the date of issue. They will first need to seek the permission of the court to serve the proceedings outside the jurisdiction, and then send the documentation to the French authorities to serve on the defendant in accordance with French procedural requirements.
B. The claimant is required to serve the claim form and associated documentation within six months of the date of issue. They do not need to seek the permission of the court to serve the proceedings outside the jurisdiction, so they can proceed to sending the documentation to the French authorities to serve on the defendant in accordance with French procedural requirements.
C. The claimant is required to serve the claim form and associated documentation within six months of the date of issue. They will first need to seek the permission of the court to serve the proceedings outside the jurisdiction, and then post the proceedings to the registered office of the company in France in accordance with the requirements of the CPR.
D. The claimant is required to serve the claim form and associated documentation within four months of the date of issue. They will first need to seek the permission of the court to serve the proceedings outside the jurisdiction, and then send the documentation to the French authorities to serve on the defendant in accordance with French procedural requirements.
E. The claimant is required to serve the claim form and associated documentation within four months of the date of issue. They will first need to seek the permission of the court to serve the proceedings outside the jurisdiction, and then post the proceedings to the registered office of the company in France in accordance with the requirements of the CPR
A. The claimant is required to serve the claim form and associated documentation within six months of the date of issue. They will first need to seek the permission of the court to serve the proceedings outside the jurisdiction, and then send the documentation to the French authorities to serve on the defendant in accordance with French procedural requirements.
