Commencing Proceedings Flashcards
Civil Courts in England and Wales
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.
Choosing the Correct Court Based on Claim Value
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.
Factors for Using the High Court and can the judge transfer the case from the High Court to the County Court
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.
What types of civil claims are typically dealt with by the County Court, and what is the general monetary threshold for these cases?
The 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.
What types of claims does the County Court Money Claims Centre (CCMCC) handle, and what happens if a hearing is needed?
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.
What are the three divisions of the High Court, and where is its central office located?
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.
What is the Business and Property Courts, and which types of specialist courts fall under its umbrella?
The Business and Property Courts is an umbrella term for several specialist courts dealing with complex national and international business disputes. They are in the high court 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.
Starting Proceedings in the High Court
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.
When do civil proceedings formally begin in court, and what documents must a claimant submit to initiate the claim?
Proceedings formally begin when the claimant submits the claim form to court. This starts the court file and stops the limitation clock. Required documents include the claim form (N1), particulars of claim, and any supporting documents (e.g. contracts).
A covering letter must state who will serve the claim. Online filing is common, but paper claims must include copies for all parties.
* 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.
What information must the claim form include?
(1) Claimant and defendant’s names and addresses,
(2) Brief details of the claim,
(3) Statement of value if claiming money,
(4) Remedy sought,
(5) Statement of truth, and
(6) Service address (usually solicitor’s address).
What details must be included in the top right-hand corner of a claim form ( Heading on the Claim Form (Section A), and how is the appropriate court chosen?
The claim form must state the relevant court:
* CCMCC for money-only claims
* Local County Court for claims not limited to money
* High Court (e.g. King’s Bench Division) for complex or high-value claims
It must also include the solicitor’s fee account for payment. The court assigns a claim number and issue date, which must appear on all future documents.
Why is accurate party identification important on a claim form, and how should a claim be issued if the defendant is deceased?
The claim form must correctly identify all parties, including full legal names and addresses. Errors may lead to the claim being struck out or unessecary delays, especially if the wrong party is named. If the defendant is deceased, the claim must be issued against their executor, administrator, or personal representatives.
What information must be included in a claim form, and how does the required level of detail vary depending on the type of claim?
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.
How does the statement of value assist in money claims (Section D), and what are the different requirements for presenting it in specified and unspecified claims in the County Court and High Court? (Section D)
For money claims, the statement of value helps determine court fees and the appropriate track.
- For specified claims e.g debt, the exact amount (plus interest) must be stated.
- For unspecified claims, an estimate is given.
- In the High Court, the claim must state over £100,000 (or over £50,000 for personal injury).
- In the County Court, the claimant must indicate if they expect to recover:
- Not more than £10,000
- More than £10,000 but not more than £25,000
- More than £25,000
- Or state they cannot yet specify the amount.
Statement of Truth (Section K) and what happens if missed out
The statement of truth confirms the claimant believes the facts are true. It must be signed and dated by the claimant or their legal representative, using the wording:
“I believe that the facts stated in this [document] are true.”
If signed by a lawyer, they must use their own name and confirm the client understands the consequences of false statements. Missing the statement may lead to the claim being struck out.
What are the requirements for serving particulars of claim, and how does this vary with the complexity of the case?
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.
Adding, Substituting, or Removing a Party in Proceedings
In civil litigation, changes to the parties involved (adding, substituting, or removing a party) follow specific rules:
- 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. - Is permission required?
* Yes, unless the claim form has not been served yet. - 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.
Why is service of the claim form important, and what is the time limit for serving it under the CPR?
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.
When can a claim form be served on a solicitor instead of the defendant?
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).
Methods of Service under CPR r 6.3
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.
Personal Service – Tailored to Defendant’s Status
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.
Under the CPR, when is service deemed effective if a claim form is served by first-class post or Document Exchange (DX)?
Under CPR 6.14, service of a claim form by first-class post or DX is deemed effective on the second business day after posting. DX can only be used if the recipient has agreed to accept service via DX Ensuring next business day delivery.
Service is not deemed effective on the day the document is sent.
However, if a party has not indicated they use DX, service must be conducted via other authorized means, like post or personal service.
Service by Fax or Other Electronic Means
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.
Service by Alternative Methods
If standard methods of service are not possible, the court may permit alternative service under the CPR, including by text, voicemail, or other suitable means. The court may also allow service by a contractually agreed method or on an agent for an overseas principal. For companies, s.1139(1) Companies Act 2006 permits service by post to the registered office..
