Commencing proceedings Flashcards
When are proceedings formally started?
When a claim form is issued by the court
Which court to bring proceedings in:
- if claim value 100,000 or less, MUST start in County Court
- if claim value over 100,000, MAY start in High Court, considering other factors:
- complexity of claim
- importance of outcome to public
BUT: if it concerns damages for personal injury, may start in High Court if value at least 50,000
How to issue proceedings for money-only claims made on paper in County Court
Send them to Civil National Business Centre (CNBC)
Hearing would be at D’s local County Court (if required)
How to issue proceedings for online claims for specified sums for 100,000 or less
Make a claim using Money Claim Online (MCO)
How to issue all other County Court claims
Issue proceedings at any County Court hearing centre
Claim is “brought” when…
Court receives the claim form
Proceedings are issued when…
C sends these documents to the right court:
- claim form,
- particulars of claim,
- documents required to be annexed by CPR
How to make a statement of value in a claim form for specified claims
Give the precise figure + interest
How to make a statement of value in a claim form unspecified claims: High Court
State that C expects to “recover more than 100,000” (or 50,000 if it’s PI)
How to make a statement of value in a claim form unspecified claims: County Court
Check category with range in which C expects to recover (don’t give precise amount)
Which values should NOT be considered in stating amount expected to be recovered in a County Court unspecified claim?
- possible interests
- possible costs award
- contributory negligence
- counter-claims
Who can sign a statement of truth if claimant is not an individual?
Partnership: any partner, or person with management/control
Company: anyone in a senior position (director, company secretary…)
If a solicitor signs a statement of truth, he is automatically confirming that…
- he has C’s authorisation,
- he’s explained to C that the signature confirms C’s belief of the truth,
- he’s warned C of the consequences of lying
Is permission needed to add/remove/substitute parties to a claim?
Yes, unless the claim form has not yet been served
Grounds for a party being added/removed/substituted if it’s applied for WITHIN the limitation period
- it’s desirable, or
- liability has passed to the other party
Grounds for a party being added/removed/substituted if it’s applied for OUTSIDE the limitation period
- can only do so if the limitation period hadn’t elapsed when the proceedings were started, and
- the original party was named by mistake, or
- original party died/is bankrupt so liability passed onto a new party, or
- claim cannot be carried on without a new party
When must the claim form be served on the other parties?
Within 4 months of the claim being issed
When can a claim form be served on a party’s solicitors?
If the party nominated them in writing
If nominated, MUST serve it on the solicitors
Options for serving a claim form
- personal service
- 1st class post or document exchange,
- leaving it at a specified place,
- fax/other electronic means,
- alternative method (if authorised by court)
What is the default “specified place” for serving a claim form
- Usual/last known residence if it’s an individual/sole trader/partner
- Principal/last known place of business if it’s a sole trader/partnership
- principal office or other office connected to the claim if it’s a LLP/registered company
When can fax/electronic means be used to serve a claim form?
Fax: if fax number is on solicitor’s letterhead (being on D’s letterhead is insufficient)
Email: ONLY if solicitor/D expressly confirm willingness to use it
4 month period for serving claim ends when:
Letter posted/email sent/personal service made
When is a claim form deemed to be served?
2nd BUSINESS DAY after the step is taken (irrebuttable presumption)
When is any other document deemed to be served, if it’s done by an “instant” method?
If served before 4:30pm, then that day (if it’s a business day)
If later, then the next business day
Personal service/delivering to address/fax/email
When is any other document deemed to be served, if it’s done by 1st class post/DX?
2nd DAY after it was posted, if that’s a business day
If not, then the next business day
When must the particulars of claim be served?
Within 14 days after service of the claim form (but within 4 months of issuing the claim form!)
Deadline for serving the claim form outside the jurisdiction
Within 6 months of issuing the form (not 4)
Must have permission to serve! (except for Scotland and NI)
