Commencing Proceedings Flashcards
What are the Thresholds for Bringing a Claim in the County or High Court?
- Personal Injury (“PI”) Claims of less than £50,000 must be brought to the County Court.
- PI Claims of £50,000 or more may be brought to either Court.
- Non-PI Claims up to £100,000 must brought to the County Court.
Non-PI Claims over £100,000 may brought to the either Court.
CPR 7.
When calculating claim value, disregard interest and costs, contributory negligence, counterclaims, or deductions from social security benefits.
When deciding between the County and High Court to bring a Claim, what considerations ought you bear in mind?
- The Claim’s financial value and the amount disputed;
- The complexity of the facts, legal issues, remedies or procedures involved; and
- The importance of the Claim’s outcome to the general public.
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).
How does one Issue a Claim?
They send a copy of the Claim Form (Form N1) to the Court to be issued and sealed, once its fee is paid. Once stamped, the Claim is officially filed.
Additional copies should be sent to every Defendant and one should be kept for the Claimant’s own record.
What is the Particulars of Claim?
The document outlining the grounds for the Claim in detail.
The Claimant can choose whether to include these with the Claim Form or Serve them separately at a later date. If they choose the former, they must include a Response Pack in their package.
How are Money Claims in the County Court brought?
By posting the Claim Form to the Civil National Business Centre in Northampton and paying the appropriate issue fee.
Alternatively, you can undertake this process digitally if your Claim is against two Defendants at most and has a of value up to £100,000.
Why is the Date of Issue important?
It stops the timer on Limitation and 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 was served and to which address.
CPR 6.17.
This is not necessary if all of Defendants file an Acknowledgment of Service within 21 days.
How should Service be Effected by a Claimant?
By any of the following methods:
* Personally on the Defendant;
- Leaving the document at a permitted address;
- First Class Post;
- Document Exchange (“DX”);
- Electronically, i.e. fax or email; or
- 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 Leaving the Document at a Permitted Address constitute?
Depositing the document at the Defendant’s business address, their Solicitor’s address, or a pre-specified alternaitve.
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).
The Response Pack should be served therewith, and unless already filed, a copy must be provided to the Court within seven days.
When using Post or DX, the Claim is considered Served when you leave it with the relevant service.
What is the Deemed Date of Service for a Claim Form?
The second business day after completion of the relevant step for a given method.
CPR 6.14.
For example, if you are using First Class Post, the relevant step is giving the package to the Post Office.
If the Particulars are provided with the Claim Form, they are deemed Served at the same time.
