Commencing Proceedings

Question 1

Civil Courts in England and Wales

Answer 1

Civil disputes in England and Wales are handled by either the County Court or the High Court. It is essential to issue cases in the correct court to avoid unnecessary transfers, delays, or costs. The correct court should also be chosen based on the nature and complexity of the case, the value of the claim, and the specialism of the judge handling the matter.

Question 2

Choosing the Correct Court Based on Claim Value

Answer 2

The value of the claim is a key determinant in selecting the court:

*	County Court: For claims of £100,000 or less.

*	High Court: For claims exceeding £100,000.

In personal injury cases, claims cannot be started in the High Court unless the value is £50,000 or more. In some cases, the claimant may have a choice of which court to use, and the Civil Procedure Rules (CPR) provide further guidance.

Question 3

Factors for Using the High Court

Answer 3

In addition to the claim value, the High Court may be chosen if:

• The case is complex in terms of facts, legal issues, or procedures.
• The outcome of the case is of public importance.
  Even if proceedings start in the High Court, the judge may later transfer the case to the County Court if deemed more appropriate.

Question 4

The County Court

Answer 4

T he County Court deals with more straightforward civil cases, particularly money-only claims valued at £100,000 or less. These claims can be:

*	Specified claims: Claims for a fixed sum of money (e.g., debt claims).

*	Unspecified claims: Claims where the damages need to be assessed and quantified by the court.

The County Court operates nationally, with hearing centres and business centres across England and Wales.

Question 5

County Court Money Claims Centre (CCMCC)

Answer 5

The County Court Money Claims Centre (CCMCC), based in Salford, handles all paper-based money-only claims, including both specified and unspecified claims. If a hearing is required, such as in contested cases, the claim will be transferred to the County Court hearing centre closest to the defendant.

Question 6

The High Court

Answer 6

The High Court is divided into three divisions:

*	King’s Bench Division: Deals with cases involving contract and tort disputes.

*	Chancery Division: Handles disputes involving land, trusts, inheritance, partnership claims, and company law.

*	Family Division: Resolves family-related matters such as defended divorces and adoption. The central office of the High Court is located at the Royal Courts of Justice in London, with additional District Registries in cities like Birmingham and Leeds.

Question 7

Business and Property Courts

Answer 7

The Business and Property Courts is an umbrella term for several specialist courts dealing with complex national and international business disputes. Examples include:

*	Commercial Court: Handles business disputes involving contracts, insurance, banking, and finance.

*	Technology and Construction Court: Specializes in disputes related to construction, buildings, and engineering.

These cases fall outside the scope of most civil disputes and follow different procedures.

Question 8

Starting Proceedings in the High Court

Answer 8

Civil cases that fall within the jurisdiction of the High Court can be initiated at the Central Office in London or in regional District Registries.

Most claimants prefer to start proceedings in a court close to their home or business location, but the High Court’s divisions are available for more complex or high-value claims that require specialized judicial expertise.

Question 9

Issuing Proceedings – Process and Significance

Answer 9

The commencement of proceedings is the first formal step in litigation. It occurs when the claimant or their solicitor submits the necessary documents to the relevant court. This step involves opening a court file, which starts the legal process. The core documents required include:

*	Claim form (form N1): The central document that outlines the basis of the claim.

*	Particulars of claim: This may be included in the claim form or provided separately. It provides a detailed account of the claimant’s allegations.

*	Supporting documents: Documents required by the Civil Procedure Rules (CPR), such as copies of contracts or agreements, if applicable.

Many claims are now submitted online, but if paper submission is used, sufficient copies must be provided for the defendant and any other parties.

Additionally, a covering letter must indicate whether the court or the claimant will serve the proceedings. Once the claim form is “issued,” proceedings are considered formally started, and for limitation purposes, the time stops running when the claim form is received by the court office.

Question 10

The Role and Content of the Claim Form (N1)

Answer 10

The claim form (form N1) is the foundational document in litigation, setting out the basis of the claim. It summarizes the key facts, the substantive legal grounds, and the remedy sought by the claimant.

The claim form does not need to include all the evidence but should be comprehensive enough to ensure that the court and the opposing party understand the nature of the claim.

It serves as a snapshot of the case, and its completion is a critical early step. Blank claim forms are available online through the Ministry of Justice website, ensuring accessibility for claimants.

The form must also indicate the appropriate court, and, upon issuance, the court will assign a claim number to be used in all subsequent communications.

Question 11

Heading on the Claim Form (Section A)

Answer 11

The heading at the top right-hand corner of the claim form identifies the relevant court where proceedings are initiated. The court chosen depends on the type of claim:

*	County Court Money Claims Centre (CCMCC): For money-only claims.
*	Local County Court: For claims not limited to money.
*	High Court Division and District Registry: For more complex or high-value claims, such as those handled by the King’s Bench Division.

For example, a High Court claim might read:
The High Court of Justice, King’s Bench Division, Birmingham District Registry.

Additionally, the claim form must include details of the solicitor’s fee account so the court fee can be paid. The court will also assign a claim number and issue date, which must appear on all subsequent documents and correspondence.

Question 12

Accurate Identification of the Parties (Section B)

Answer 12

It is crucial to accurately identify the parties involved in the litigation on the claim form. This includes stating the full legal names, addresses, and postcodes of both the claimant and the defendant. Errors in party identification, such as misspelling or incorrect names, could result in the claim being struck out, particularly if the error leads to the wrong party being sued. If the defendant has passed away before proceedings begin, the claim should be directed against their executors or administrators (if appointed), or against the personal representatives of the deceased if no formal appointment has been made.

Question 13

Brief Details of the Claim (Section C)

Answer 13

The claim form must provide a concise statement of the nature of the claim and specify the remedy the claimant is seeking. For example, in a breach of contract claim, the claimant should briefly outline the contract terms, how they were breached, and the losses incurred as a result. The level of detail required will depend on the type of claim:

*	Debt claims: A precise figure is required, including interest accrued.

*	Unspecified claims: For more complex matters, such as personal injury or damages for breach of contract, the nature of the claim should be stated without overloading the form with evidence.

Question 14

Statement of Value in Money Claims (Section D)

Answer 14

For claims involving money, the statement of value is crucial for determining the correct procedural track and court fees. The form should specify:

*	For specified claims (e.g., debt claims), the exact amount of money claimed, including interest accrued, should be provided.

*	For unspecified claims (e.g., personal injury or damages for breach of contract), the claimant should state an estimate of the amount they expect to recover. If the claim is in the High Court, the form should indicate that the claimant expects to recover more than £100,000 (or £50,000 for personal injury claims). 

In the County Court, the claimant must state whether they expect to recover:
* Not more than £10,000.
* More than £10,000 but not more than £25,000.
* More than £25,000.
Alternatively, the claimant may state that they cannot specify how much they expect to recover at this stage.

Question 15

Statement of Truth (Section K)

Answer 15

The statement of truth is a legal requirement in the claim form, verifying that the claimant believes the facts presented are true. The statement must be signed and dated, either by the claimant or their legal representative, with the following wording:
“I believe that the facts stated in this [document name] are true.”
If the statement of truth is signed by a legal representative, it confirms that the client has been informed about the consequences of making false statements, and the representative must sign in their own name, not the firm’s. Failure to include a statement of truth may lead to the claim being struck out by the court.

Question 16

Annexed Documents and Particulars of Claim (Section J)

Answer 16

The particulars of claim must be included in or attached to the claim form. This section outlines the specific details of the claim, providing more context and evidence to support the allegations made. For simple cases, such as debt claims, there may be enough space on the claim form to include the particulars. However, for more complex cases, such as contractual disputes or personal injury claims, the particulars are often set out in a separate document. Additionally, any relevant documents required by the CPR, such as contracts or agreements, must be annexed to the claim to provide further support to the claimant’s case.

These flashcards provide a more detailed explanation of the critical steps and requirements involved in issuing proceedings, completing a claim form, and ensuring that the claim progresses effectively within the court system.

Question 17

Adding, Substituting, or Removing a Party in Proceedings

Answer 17

In civil litigation, changes to the parties involved (adding, substituting, or removing a party) follow specific rules:

1. Who can make an application?
   * An existing party or a person who wants to become a party may apply.
   * However, no one may be added or substituted as a claimant without written consent filed in court.
2. Is permission required?
   * Yes, unless the claim form has not been served yet.
3. Grounds for adding/substituting/removing a party?
   * If the application is made within the limitation period, it is desirable to:
   * Add a new party to resolve disputes.
   * Remove a party.
   * Substitute a party where the interest/liability has passed to them.
   * If the application is made outside the limitation period, a party can only be added/substituted if:
   * The limitation period was current when proceedings began and:
   * The original party was named by mistake.
   * The original party has died, is bankrupt, or has transferred liability.
   * The claim cannot proceed without the new party.

Question 18

Service of the Claim Form – Purpose and Timing

Answer 18

The service of a claim form is the crucial step that ensures the defendant is made aware of the legal proceedings. Once a claim form is issued by the court, it must be served on the defendant within four months. This is not only a procedural requirement but also a way to notify the defendant of the claim against them. The service must follow the rules set out in CPR Part 6, and failure to comply within the four-month window can result in serious procedural consequences, including the possibility of the claim being struck out.

Question 19

Service on Solicitors

Answer 19

A claim form can be served on a solicitor only if the defendant has explicitly nominated that solicitor in writing to accept service. It is important to note that simply because a solicitor has represented the defendant during pre-action negotiations, it does not mean they are automatically authorized to accept service. Without written confirmation of such an arrangement, the claim form must be served directly on the defendant. Once nominated, all court documents are to be served on the solicitor unless the court orders that certain documents must be served personally on the defendant (such as injunctions).

Question 20

Methods of Service under CPR r 6.3

Answer 20

CPR r 6.3 outlines five main methods for serving a claim form:

1.	Personal service: Hand-delivering the claim form to the defendant or an authorized individual.
2.	First class post or document exchange (DX): Sending the claim form by first class mail or through a document exchange system.
3.	Leaving the claim form at a specified place: Delivering it by hand to the correct address as per the CPR rules.
4.	Fax or electronic communication: Only if the defendant or their solicitor has expressly agreed to receive documents this way.
5.	Any other method authorized by the court: This may include alternative methods like text messages, voicemail, or any method specifically approved by the court based on the circumstances of the case.

Each method has its own requirements and potential risks in terms of proving service was properly executed.

Question 21

Personal Service – Tailored to Defendant’s Status

Answer 21

The process for personal service depends on the type of defendant:

*	For an individual: The claim form is served by handing it directly to the defendant. If they refuse to accept the document, it can be left with or near them, ensuring they have access to it.

*	For a partnership: The claim form can be left with either a partner or someone in control or management of the partnership at its principal business location.

*	For a company: The claim form must be left with a senior officer such as a director, treasurer, secretary, or chief executive. This ensures that the person receiving the form has the authority to act on behalf of the company.

Personal service is a direct way to confirm the defendant is informed about the case, minimizing disputes over whether they were aware of the claim.

Question 22

First Class Post and Document Exchange (DX)

Answer 22

First class post is the standard postal service that satisfies the CPR requirements for service. The claim form is posted to the defendant’s address, and service is deemed complete once the letter is sent. Additionally, Document Exchange (DX) is a professional document transportation service used by many solicitors and other professionals. If the recipient’s DX number is provided, the form may be sent via DX, ensuring next business day delivery. However, if a party has not indicated they use DX, service must be conducted via other authorized means, like post or personal service.

Question 23

Service by Fax or Other Electronic Means

Answer 23

Service by fax or email is only valid if the party to be served or their solicitor has explicitly agreed to accept service in this manner. A fax number on a solicitor’s letterhead is enough to indicate consent to service by fax, but for email, the solicitor must explicitly confirm that they agree to accept service through that method. Simply including an email address on a letterhead is not sufficient. This requirement ensures that electronic service is carried out with the consent of the recipient, reducing the likelihood of technical disputes about receipt.

Question 24

Service by Alternative Methods

Answer 24

If none of the standard methods of service (personal, post, DX, fax, email) are viable, the court can authorize alternative methods of service under the CPR. This may include unconventional means such as sending a text message, leaving a voicemail, or using any other method deemed appropriate by the court. Additionally, the court can authorize service via a contractually agreed method (as stated in a contract between the parties) or allow service to be made on the agent of an overseas principal. For companies, section 1139(1) of the Companies Act 2006 allows service at or by post to the registered office.

Question 25

Deemed Service and the Concept of ‘Step Required’

Answer 25

To avoid disputes about when a defendant has received a claim form, CPR r 6.14 introduces the concept of deemed service. A claim form is deemed served on the second business day after the required step has been taken. The step required could be posting the claim form, sending it by DX, or completing a fax or email transmission. Business days exclude weekends and public holidays. This rule ensures that the parties have a clear understanding of when the claim is considered served, regardless of the actual delivery date, and allows the proceedings to progress smoothly without unnecessary delays caused by disputes over service.

These flashcards provide a detailed and thorough explanation of the rules and methods of service as described in the provided text, offering deeper insight into how each method works and its implications.

Question 26

Place of Service Based on the Nature of Defendant

Answer 26

The appropriate place of service depends on the nature of the defendant:

1.	Individual: Serve at their usual or last known residence.
2.	Individual (sole trader): Serve at either their usual or last known residence, or their principal or last known place of business.
3.	Individual (partnership): Serve at either their usual or last known residence, or the principal or last known place of business of the partnership.
4.	Limited Liability Partnership (LLP): Serve at the principal office of the partnership or any place of business within the jurisdiction that has a real connection to the claim.
5.	Company registered in England and Wales: Serve at the principal office of the company or any place of business within the jurisdiction that has a real connection to the claim.

Question 27

Deemed Date of Service Based on Method of Service

Answer 27

The deemed date of service depends on the method used to serve the claim form:

1.	Personal service or delivering the document to a permitted address: *	If served before 4:30pm on a business day, service is deemed to occur on that day.

• If served after 4:30pm, service is deemed to occur on the next business day.
  2. Fax or Email:
• If sent before 4:30pm on a business day, service is deemed to occur on that day.
• If sent after 4:30pm, service is deemed to occur on the next business day.
  3. First class post or Document Exchange (DX):
• Service is deemed to occur on the second business day after the document was posted, provided that day is a business day.
• If not, service is deemed to occur on the next business day.

Question 28

Deemed Service of Other Documents

Answer 28

The rules for serving documents other than claim forms, such as defences or Part 36 offers, are complex and differ depending on the method of service. The deemed date of service varies based on how the document is sent. For example, if documents are sent by first-class post or DX (Document Exchange), the service is deemed to have occurred on the second day after posting, regardless of whether it is a business day or not. This rule contrasts with the rules for claim forms, where the service is deemed to occur on the second business day, creating an inconsistency. In situations where the second day after posting falls on a Sunday (or another non-business day), the deemed date of service is effectively delayed until the next business day.

Question 29

Service of Particulars of Claim Separately

Answer 29

In many legal cases, especially straightforward ones like debt actions, the particulars of claim are included in the claim form itself. However, for more complex cases, the space available on the claim form may not be enough to provide all the necessary legal details and facts. In such cases, the particulars of claim are served separately. When served separately, the particulars of claim must be delivered either at the same time as the claim form or within 14 days after the claim form is served. However, this service must always take place within a maximum period of four months from the date the claim form was issued.

Question 30

Inconsistencies in Service by Post or DX

Answer 30

An important point to note is the inconsistency in the deemed service rules between the particulars of claim and the claim form. While both can be served by post or DX, the deemed service for particulars of claim occurs on the second calendar day after posting. In contrast, claim forms are deemed to be served on the second business day after posting. This difference can result in situations where the particulars of claim are deemed served on non-business days, such as a Sunday when postal services are not operational, leading to practical difficulties and delays as service may not actually take effect until the next business day. Important to note that despite this, if it is not a business day then the day of deemed service is till the next day i.e Monday.

Question 31

Service of Claim Forms Out of Jurisdiction

Answer 31

When a claim form is to be served outside the jurisdiction of England and Wales, the Civil Procedure Rules (CPR) grant additional time for service. Instead of the standard four-month limit for service within the jurisdiction, the timeframe is extended to six months from the date the claim form is issued. This extra time accounts for the complexities of serving documents internationally. The CPR also outlines special procedures for how service should be carried out in these cases. For example, serving claim forms in Scotland and Northern Ireland does not require permission, but specific provisions exist regarding the acceptable methods of service, as detailed in CPR Part 6.

Question 32

Service in Scotland and Northern Ireland

Answer 32

When serving claim forms in Scotland and Northern Ireland, the claimant does not need to obtain permission to serve the documents. However, the methods of service must comply with special provisions outlined in CPR Part 6, which governs how claim forms can be served in these jurisdictions. These rules ensure that service is legally recognized and enforceable under the laws of these regions, despite being part of the UK. The exact methods and procedures for service differ from those within England and Wales, reflecting the separate legal systems in these countries.

Question 33

Permission to Serve Outside the Jurisdiction (EU and Beyond)

Answer 33

In cases involving non-UK jurisdictions (including EU Member States), permission from the court is generally required to serve proceedings outside England and Wales. However, an exception exists for contracts with an English jurisdiction clause, where no permission is required. The claimant must present evidence showing that England and Wales is the proper forum, and the service must be supported by evidence, such as the occurrence of a breach of contract in England and Wales.

Question 34

Grounds for Serving Outside the Jurisdiction

Answer 34

When a claim form is served outside of England and Wales, it must be accompanied by a notice explaining the grounds on which the claimant is entitled to serve the document internationally. The notice must provide evidence showing that England and Wales is the proper forum for the case. Common grounds include that the breach of contract occurred in England and Wales or that it would be prohibitively expensive or time-consuming to have the case heard in a foreign court. The application for permission to serve outside the jurisdiction must also be supported by evidence and is made without notice, meaning the other party is not informed beforehand.

Question 35

Service Methods and Time Extensions Outside the Jurisdiction

Answer 35

Once permission is granted to serve a claim form outside the jurisdiction, the time for the defendant to respond to the claim is extended. This extension accounts for the additional time required for international service and the longer timeframe for the defendant to receive and respond to the documents. Service is typically carried out either through the judicial authorities of the country in which the defendant is located or via the British Consul. These methods ensure that service is recognized under both English law and the legal system of the country where the defendant is based.