Commencing Proceedings

Question 1

In deciding the VALUE of a claim to decide which court to commence proceedings in. What 4 things must be disregarded in calculating the value?

Answer 1

(1) Interest
(2) Legal costs
(3) Counterclaim costs
(4) Contributory negligence

Question 2

Civil claims can be issued in the County Court or High Court. What are the 5 reasons it should be issued in the High Court?

Answer 2

(1) Non-PI £100,000 or >
(2) PI > £50,000
(3) Required under statute or CPR - e.g. JR
(4) Complex (facets /legal issues)
(5) Outcome important to general public

Question 3

To issue proceedings, what 3 documents must be sent to the court?

Answer 3

(1) Claim Form
(2) Particulars of Claim (EITHER with claim form OR sent separately)
(3) Any docs required under CPR (e.g. contract copy)

Question 4

What 2 people can make an application to add, substitute or remove a party from the statements of case?

Answer 4

(1) Existing party to proceedings
(2) Person wants to become party

Question 5

(1) To add or substitute a new CLAIMANT what condition must be complied with?
(2) Does this also apply to add or substitute a new DEFENDANT?

Answer 5

(1) WRITTEN consent of party + filed at court
(b) No

Question 6

When deciding what rules to apply to add, substitute or remove a party, what 2 questions must be considered?

Answer 6

(1) Has CLAIM FORM been served?
(2) Has LIMITATION PERIOD expired?

Question 7

When deciding Add, substitute or remove a party, will COURT PERMISSION be required if:
(a) Claim form SERVED?
(b) Claim form NOT served?

Answer 7

(a) Court Permission
(b) NO Court Permission

Question 8

When deciding Add, Substitute or Remove a Party WITHIN LIMITATION PERIOD, what is the test?

Answer 8

DESIRABLE (add/substitute/remove the party)

Question 9

When deciding Add or Substitute a party OUTSIDE LIMITATION PERIOD , what is the 2 stage test?

(1) …. AND
(2)
(a)
OR
(b)

Answer 9

(1) Proceedings commenced during LP
AND
(2)
(a) Original party named by MISTAKE, DIED, BANKRUPT or LIABILITY PASSED NEW PARTY
OR
(b) Claim cannot be PROPERLY CARRIED ON (without new party)

Question 10

Once the court has issued a CLAIM FORM, how long does C have to SERVE it on D?

Answer 10

14 days (date of issue of CF)

Question 11

If the Particulars of Claim are served separately from the Claim Form, when must this be served on the D? There are 2 requirements.

Answer 11

(1) 14 days CF SERVED AND
(2) Within 4 MONTHS CF ISSUED

Question 12

What 2 questions should you ask to check if a Claim Form has been acceptably served?

Answer 12

(1) Is METHOD of service acceptable?
(2) Has CF been DEEMED SERVED?

Question 13

What are the 5 methods of service to SERVE a CLAIM FORM?

Answer 13

(1) Personal service
(2) First class post / DX
(3) Leaving at specified address / place
(4) Fax / electronic communication
(5) Other method (AUTHORISED by court)

Question 14

Which 2 methods of service to SERVE a CLAIM FORM, will only be permitted with D’s consent?

Answer 14

(4) Fax / electronic communication
(5) Other method (AUTHORISED by court)

Question 15

To Serve a Claim Form by (1) Personal Service, who must it be left with for:
(a) Individul
(b) Company
(c) Partnership - 2 options

Answer 15

(a) Individual
(b) Senior position (e.g. Director)
(c)
(i) Partner OR
(ii) Control / management of business at their principal place of business

Question 16

To Serve a Claim Form by (3) Leaving at specified place, where would this be for:
(a) Individual
(b) Company (2 choices)
(c) Partnership (i.e. individual) (2 choices)

Answer 16

(a) INDIVIDUAL Usual / last known place of residence

(b) COMPANY - Principal office OR E&W office with ‘REAL CONNECTION’ to claim

(c) PARTNERSHIP Individual usual / last known residence OR principal office of partnership

Question 17

When is the Claim Form deemed served?

Answer 17

2nd BUSINESS day after relevant step

Question 18

When are other documents (e.g. particulars of claim) deemed served for ALL METHODS APART FROM FCP/DX?

Answer 18

BEFORE 4.30pm BUSINESS DAY - same business day
Otherwise - next business day

Question 19

When are other documents (e.g. particulars of claim) deemed served for FIRST CLASS POST / DX?

Answer 19

IF posted on BUSINESS DAY - 2nd day after posting
IF NOT posted on BUSINESS DAY - next business day