Commencing Proceedings Flashcards
What are the Thresholds for Bringing a Claim in the County or High Court?
PI Claims:
- Claims of less than £50,000 must be brought to the County Court.
- Claims of at least £50,000 may be brought to either Court.
Non-PI Claims:
- Claims up to £100,000 must brought to the County Court.
- Claims over £100,000 may brought to the either Court.
CPR 7.
When calculating Claim Value, what should you Disregarded?
- Costs.
- Set-Off.
- Interests.
- Counterclaims.
- Contributory Negligence.
- Deductions from Social Security Benefits.
What should you consider when deciding whether to bring a Claim to the County or High Court?
- Claim Value: The Claim’s financial value and the amount disputed.
- Complexity: The complexity of the facts, legal issues, remedies or procedures involved.
- Public Importance: The importance of the Claim’s outcome to the general public.
The greater any of these, the likelier the High Court is appropriate.
Picking the inappropriate Court may result in a transfer, for which you have to pay, and the Court may decide to deduct up to 25% of any sums awarded (Senior Courts Act 1981 — s. 51).
What is the Procedure for Issuing a Claim?
- The Claimant sends the Claim Form to the Court, with a Fee, for Issuance and Seal.
- The Document is Issued once it is Stamped and Sealed.
Additional copies should be sent to every Defendant and one should be kept for the Claimant’s own record.
What are the Practical Implications of Serving a Particulars of Claim after the Claim Form?
- The Claimant must include a Response Pack with the Particulars.
- If the Claimant has not Filed the Particulars, it must do so within 7 Days of Service.
How are Money Claims in the County Court brought?
Default Process:
- Post the Claim Form to the Civil National Business Centre (“CNBC”) in Northampton.
- Pay the appropriate Issuance Fee.
Alternative Process:
- Upload the Claim Form through the Centre’s Digital Portal.
- This is only available if the Claim is:
- Against Two Defendants at most; and
- Of a Value not exceeding £100,000.
Why is the Date of Issue important?
- It stops the timer on Limitation; and
- It starts the timer on Service.
What is Service?
The act of providing Documents to a Counterparty in a Court-sanctioned manner.
Who effects Service of the Claim Form?
- Either the Court, the Claimant, or the Claimant’s Solicitor.
- Usually, the Court will Serve, specifically by First Class Post, after which it Notifies the Claimant of the Deemed Date of Service.
If the Claimant wishes to serve, it must notify the Court when Issuing the Claim Form, after which the Court will send the Claimant the Sealed Copies meant for the Defendant.
If the Claimant choose to Serve, what additionally must they File?
A Certificate of Service within 21 days of Service, certifying how and when the Claim Form was Served and to which address.
CPR 6.17.
This is not needed if all Defendants File an Acknowledgment of Service within 21 Days.
By which Methods may Parties Serve one another?
By any of the following methods:
- Personal Service.
- First Class Post.
- Document Exchange (“DX”).
- Electronically, i.e. fax or email.
- Leaving the Document at a permitted address.
- Any other Court-authorised Method.
CPR 6.3.
Electronic Service is only permissible if the Defendant indicates they will accept it.
What does Personal Service constitute?
- If an Individual, physically leaving it with them; and
- If a corporation, physically leaving it with a holder of a senior position.
CPR 6.5.
What does it mean to Leave a Document at a Permitted Address?
To Deposit the Document at:
- A pre-specified address;
- The Defendant’s business address;
- The Defendant’s Solicitor’s address;
CPR 6.23.
Documents served using First Class Post or DX must use a Permitted Address.
What is the Time Limited for Serving the Claim Form?
Midnight on the calendar day Four Months after Issuance.
What is the Time Limit for Serving the Particulars of Claim?
- Within 14 Days of the Claim Form being Served; and
- Within Four Months of the Claim Form being Issued.
CPR 7.4(2).
