Commencing Proceedings Flashcards
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?
(1) Interest
(2) Legal costs
(3) Counterclaim costs
(4) Contributory negligence
Civil claims can be issued in the County Court or High Court.
When MUST claims be issued in the County Court for:
(1) Non PI Claims
(2) PI Claims
MUST County Court IF:
(1) Non-PI - £100,000 or less
(2) PI - Less £50,000
A Civil claim MAY be issued in High Court if more than £100,00 (= or > £50,000 PI). One other condition must be satisfied, what are the 3 potential conditions?
(1) Required under statute or CPR - e.g. JR
OR
(2) Complex (facts /legal issues)
OR
(3) Outcome important to general public
To issue proceedings, what 3 documents must be sent to the court?
(1) Claim Form
(2) Particulars of Claim (EITHER with claim form OR sent separately)
(3) Any docs required under CPR (e.g. contract copy)
What 2 people can make an application to add, substitute or remove a party from the statements of case?
(1) Existing party to proceedings
(2) Person wants to become party
(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?
(1) WRITTEN consent of party + filed at court
(b) No
When deciding what rules to apply to add, substitute or remove a party, what 2 questions must be considered?
(1) Has CLAIM FORM been served?
(2) Has LIMITATION PERIOD expired?
When deciding Add, substitute or remove a party, will COURT PERMISSION be required if:
(a) Claim form SERVED?
(b) Claim form NOT served?
(a) Court Permission
(b) NO Court Permission
When deciding Add, Substitute or Remove a Party WITHIN LIMITATION PERIOD, what is the test?
DESIRABLE (add/substitute/remove the party)
When deciding Add or Substitute a party OUTSIDE LIMITATION PERIOD , what is the 2 stage test?
(1) …. AND
(2)
(a)
OR
(b)
OR
(c)
(1) Proceedings commenced during LP
AND
(2)
(a) Original party named by MISTAKE,
(b) DIED or BANKRUPT (+LIABILITY PASSED NEW PARTY)
OR
(c) Claim CANNOT be PROPERLY CARRIED ON (without new party)
Once the court has issued a CLAIM FORM, how long does C have to SERVE it on D?
within 4 MONTHS (CF ISSUED)
If the Particulars of Claim are served separately from the Claim Form, when must this be served on the D? There are 2 requirements.
(1) 14 days CF SERVED AND
(2) Within 4 MONTHS CF ISSUED
What 2 questions should you ask to check if a Claim Form has been acceptably served?
(1) Is METHOD of service acceptable?
(2) Has CF been DEEMED SERVED?
What are the 5 methods of service to SERVE a CLAIM FORM?
(1) Personal service
(2) First class post / DX
(3) Leaving at specified address / place
(4) Fax / electronic communication
(5) Other method (AUTHORISED by court)
Which 2 methods of service to SERVE a CLAIM FORM, will only be permitted with D’s consent?
(4) Fax / electronic communication
(5) Other method (AUTHORISED by court)
To Serve a Claim Form by (1) Personal Service, who must it be left with for:
(a) Individul
(b) Company
(c) Partnership - 2 options
(a) Individual
(b) Senior position (e.g. Director)
(c)
(i) Partner OR
(ii) Control / management of business at their principal place of business
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)
(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
When is the Claim Form deemed served?
2nd BUSINESS day after relevant step
When are other documents (e.g. particulars of claim) deemed served for ALL METHODS APART FROM FCP/DX?
BEFORE 4.30pm BUSINESS DAY - same business day
Otherwise - next business day
When are other documents (e.g. particulars of claim) deemed served for FIRST CLASS POST / DX?
IF posted on BUSINESS DAY - 2nd day after posting
IF NOT posted on BUSINESS DAY - next business day
