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Disputes > Commencing Proceedings > Flashcards

Commencing Proceedings Flashcards

1
Q

What is a claim form?

A

Form used to start proceedings in England and Wales and will include brief summary of the claim

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2
Q

What are the particulars of claim?

A

Sets out the material facts and the legal cause of action being brought by the claimant

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3
Q

When should claims always be issued in the County Court?

A
  • if they are worth less than £100,000
  • if it is a personal injury claim worth £50,000 or less
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4
Q

Where will a claim worth more than £100,000 be issued?

A

Will depends on the facts. Either County Court or High Court.

High Court more appropriate where:

  • the case has complex facts
  • the outcome of the case has an element of public interest
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5
Q

What should be disregarded in assessing the financial 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 (eg where the claimant has contributed to their injuries by their own negligence)
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6
Q

What disputes does the King’s Bench Division hear? What special courts make up the KB?

A
  • complex/high value contract and tort cases
  • the administrative court
  • the admiralty court
  • the commercial court
  • the mercantile court
  • the technology and construction court
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7
Q

What disputes does the Chancery Division hear?

A
  • business or property disputes that are complex and/or involve substantial sums of money
  • land and property disputes
  • mortgages
  • trusts, administration of estates and probate matters
  • bankruptcy
  • partnerships and company matters
  • intellectual property
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8
Q

What special courts are in the chancery division?

A
  • insolvency and companies court
  • the intellectual and property enterprise court
  • the patents court
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9
Q

Who issues proceedings?

A

The court not the claimant

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10
Q

When does the court issue proceedings?

A

Once the claimant has filed the claim form, the particulars of claim and any supporting evidence

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11
Q

How does the court issue proceedings?

A

By sealing the claim form and allocating a claim number to the case

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12
Q

Once the claim form has been issued, when must the claimant serve it on the defendant?

A

Within 4 months

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13
Q

What information is needed to complete the claim form?

A
  • claimant name and address
  • defendant name and address
  • brief details of claim
  • claim value
  • preferred County Court hearing centre for the hearings
  • defendant’s address for service
  • particulars of claim
  • statement of truth
  • claimant’s of their legal representative’s address for correspondence
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14
Q

What are the two elements of validly serving the claim form?

A
  • need to identify the appropriate method of service
  • then claimant needs to take the relevant step to effect service
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15
Q

How is personal service done if the defendant is an individual?

A

Claim form should be left with the individual

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16
Q

How is personal service done if the defendant is a company or corporation?

A

Claim form should be left with a person holding a senior position within the company or corporation

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17
Q

How is personal service done if the defendant is partnership?

A

Claim form should be left with a partner or a person who at the time of service has the control or management of the partnership business at its principal place of business

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18
Q

How is service effected when it is by first-class post or DX?

A

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

19
Q

How is service effected when it is by leaving the claim form at a specified place?

A

By delivering to or leaving the document at the relevant place

20
Q

What methods of service are effective for the claim form?

A
  • personal service
  • first class post or DX
  • leaving the claim form at a specified place
  • fax or other means of electronic communication (if expressly confirmed by recipient that they are happy to receive that way)
  • any other method authorised by the court
20
Q

How is service effected when it is by fax or other means of electronic communication?

A

By completing the transmission of the fax

Sending the email or other electronic transmission

Will only be effective where the recipient has expressly confirmed that they are happy to accept service by fax or email

21
Q

Where is the correct place to leave a claim form if they are an individual?

A

Usual or last known residence

22
Q

Where is the correct place to leave a claim form if they are an individual being sued in the name of business (sole trader)?

A

Usual or last known address of individual

OR

Principal or last known place of business

23
Q

Where is the correct place to leave a claim form if they are an individual being sued in the name of business (partnership)?

A

Usual or last known address of individual

OR

Principal or last known place of business of the partnership

24
Q

Where is the correct place to leave a claim form if they are Limited Liability Partnership?

A

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

25
Q

Where is the correct place to leave a claim form if they are corporation incorporated in England and Wales?

A

Principal office of the corporation or any place within jurisdiction where the corporation carries on its activities and which has a real connection with the claim

26
Q

Where is the correct place to leave a claim form if they are company registered in England and Wales?

A

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

27
Q

What are the rules in relation to days in the CPR?

A
  • day on which the period begins is not included
  • if the day on which the period ends is a specific date ie 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 (ie a hearing) then date of event is not regarded as a clear day
  • where a period specified is five days or less, Saturdays, Sundays and bank holidays are not counted
28
Q

When does the period for serving a claim form expires?

A

4 months after issue at midnight

29
Q

When does the particulars of claim have to be served?

A

Up to 14 days after the claim form and within 4 month period since issue of claim form

30
Q

When is a claim form deemed served?

A

On the second business day after the relevant step has been taken.

Business days is any day excluding Saturday, Sunday, bank holidays, good Fridays or Christmas Day

31
Q

What is the rule for deemed date of service of a document other than the claim form if it is being served by personal service, fax, email or by delivering the document to an address?

A

If served before 4:30 pm on a business day the deemed date of service is that same day.

If served after after 4:30pm on a business day or not a business day, the deemed date of service is the next business day

32
Q

What is the rule for deemed date of service of a document other than the claim form if it is being served by first class post or DX?

A

The second business day after it is posted eg if sent on Wednesday will be deemed served Friday.

If second day is not a business day, document will be deemed served the next business day

33
Q

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

A
  • an existing party
  • someone who wishes to become a party
  • the court on its own initiative
34
Q

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

A
  • the application notice
  • an amended copy of the claim form and particulars of claim
  • in the case where a claimant is being added, the signed written consent of the new claimant must be filed with the court or they will not grant the application
35
Q

What are the grounds for adding a party to the claim within the limitation period?

A

Applicant needs to show

  • 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 the matters in dispute in the proceedings and it is desirable to add the new party. so the the court can resolve that issue
36
Q

What are the grounds for adding a party to the claim 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
  • the claim cannot properly be carried on by or against the original party unless the new party is added or substituted as claimant or defendant
  • the original party has died or had a bankruptcy order made against them and their interest or liability has passed to a new party
37
Q

What must happen if the court grants an order ordering a party to be added, substituted or removed?

A

A copy of the order must be served on every party to the proceedings and on any other person affected by the order

38
Q

When is the permission not required to add or amend a cause of action?

A
  • if the document has not been served on any other party to the proceedings
39
Q

When is the permission required to add or amend a cause of action?

A

If the document has been served. Need either:

  • the written consent of all other parties to the action to amend the document
  • permission of the court
40
Q

When must a claim form be served if it is outside of jurisdiction?

A

Within six months of date of issue

41
Q

When will permission of the court be necessary to serve claim forms in EU?

A

If issued after 1 January 2021

42
Q

What are the methods of service for service outside of jurisdiction?

A

Service needs to be carried out in accordance with the procedures under the law of the country concerned.

Claimant should provide claim form and other documentation to authorities in England and Wales who then submit that to the authorities in the country which D is to be served.

Foreign authorities will then serve the document and provide a certificate

Disputes (12 decks)

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