Commencing proceedings

Question 1

When are proceedings formally started?

Answer 1

When a claim form is issued by the court

Question 2

Which court to bring proceedings in:

Answer 2

• 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

Question 3

How to issue proceedings for money-only claims made on paper in County Court

Answer 3

Send them to Civil National Business Centre (CNBC)
Hearing would be at D’s local County Court (if required)

Question 4

How to issue proceedings for online claims for specified sums for 100,000 or less

Answer 4

Make a claim using Money Claim Online (MCO)

Question 5

How to issue all other County Court claims

Answer 5

Issue proceedings at any County Court hearing centre

Question 6

Claim is “brought” when…

Answer 6

Court receives the claim form

Question 7

Proceedings are issued when…

Answer 7

C sends these documents to the right court:
- claim form,
- particulars of claim,
- documents required to be annexed by CPR

Question 8

How to make a statement of value in a claim form for specified claims

Answer 8

Give the precise figure + interest

Question 9

How to make a statement of value in a claim form unspecified claims: High Court

Answer 9

State that C expects to “recover more than 100,000” (or 50,000 if it’s PI)

Question 10

How to make a statement of value in a claim form unspecified claims: County Court

Answer 10

Check category with range in which C expects to recover (don’t give precise amount)

Question 11

Which values should NOT be considered in stating amount expected to be recovered in a County Court unspecified claim?

Answer 11

• possible interests
• possible costs award
• contributory negligence
• counter-claims

Question 12

Who can sign a statement of truth if claimant is not an individual?

Answer 12

Partnership: any partner, or person with management/control
Company: anyone in a senior position (director, company secretary…)

Question 13

If a solicitor signs a statement of truth, he is automatically confirming that…

Answer 13

• 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

Question 14

Is permission needed to add/remove/substitute parties to a claim?

Answer 14

Yes, unless the claim form has not yet been served

Question 15

Grounds for a party being added/removed/substituted if it’s applied for WITHIN the limitation period

Answer 15

• it’s desirable, or
• liability has passed to the other party

Question 16

Grounds for a party being added/removed/substituted if it’s applied for OUTSIDE the limitation period

Answer 16

• 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

Question 17

When must the claim form be served on the other parties?

Answer 17

Within 4 months of the claim being issed

Question 18

When can a claim form be served on a party’s solicitors?

Answer 18

If the party nominated them in writing
If nominated, MUST serve it on the solicitors

Question 19

Options for serving a claim form

Answer 19

• personal service
• 1st class post or document exchange,
• leaving it at a specified place,
• fax/other electronic means,
• alternative method (if authorised by court)

Question 20

What is the default “specified place” for serving a claim form

Answer 20

• 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

Question 21

When can fax/electronic means be used to serve a claim form?

Answer 21

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

Question 22

4 month period for serving claim ends when:

Answer 22

Letter posted/email sent/personal service made

Question 23

When is a claim form deemed to be served?

Answer 23

2nd BUSINESS DAY after the step is taken (irrebuttable presumption)

Question 24

When is any other document deemed to be served, if it’s done by an “instant” method?

Answer 24

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

Question 25

When is any other document deemed to be served, if it’s done by 1st class post/DX?

Answer 25

2nd DAY after it was posted, if that’s a business day
If not, then the next business day

Question 26

When must the particulars of claim be served?

Answer 26

Within 14 days after service of the claim form (but within 4 months of issuing the claim form!)

Question 27

Deadline for serving the claim form outside the jurisdiction

Answer 27

Within 6 months of issuing the form (not 4)
Must have permission to serve! (except for Scotland and NI)