Commencing Proceedings

Question 1

What is the most important factor in determining which court a claim should be filed in?

Answer 1

The amount in dispute.

Question 2

If a claim is valued at £100,000 or less, in which court must it be started?

Answer 2

County Court

Question 3

What is the minimum value of a personal injury claim that can be started in the High Court?

Answer 3

£50,000

Question 4

Besides the value of the claim, what are two other factors that might lead a case to be heard in the High Court?

Answer 4

• The claim is complex.
• The outcome is important to the public.

Question 5

What types of cases does the County Court typically deal with?

Answer 5

Straightforward cases, including money claims for £100,000 or less (unless damages are sought for personal injuries

Question 6

Where are most civil claims issued and where are undefended claims retained?

Answer 6

Civil National Business Centre (CNBC) in Northampton

Question 7

What is Money Claim Online (MCOL)?

Answer 7

A website that allows individuals, businesses and solicitors to issue proceedings, check the status of the claim, request judgment and enforce it over the internet for specified sums of money (debt claims) up to £100,000

Question 8

What are the three divisions of the High Court?

Answer 8

King’s Bench Division
Chancery Division
Family Division

Question 9

What does the Technology and Construction Court handle?

Answer 9

Claims about buildings, engineering and surveying

Question 10

What three documents are needed to commence proceedings?

Answer 10

Claim form (form N1)
Particulars of claim
Documents required to be annexed by the CPR, such as a copy of any contract

Question 11

What is the purpose of a claim form?

Answer 11

It summarises the most important aspects of the claim, both the substantive law that underpins the case and the facts in support

Question 12

In a statement of value for an unspecified claim in the High Court, what must the claimant state?

Answer 12

“The claimant expects to recover more than £100,000.”

Question 13

What is a statement of truth?

Answer 13

A statement verifying the truth of the facts contained in a document, required by CPR Part 22.

Question 14

Who can sign a statement of truth?

Answer 14

The party or their legal representative

Question 15

Once a claim form has been issued, how long does the claimant have to serve it on the defendant?

Answer 15

4 months

Question 16

What are three of the permitted methods of service under CPR r.6.3?

Answer 16

Possible answers include:
○Personal service
○First class post or document exchange
○Leaving the claim form at a specified place
○Fax or other means of electronic communication
○Any other method authorised by the court

Question 17

What is deemed service?

Answer 17

A document will be taken to have arrived on a given day regardless of whether it actually did.

Question 18

On what day is a claim form deemed served?

Answer 18

On what day is a claim form deemed served?

Question 19

If a document (other than a claim form) is personally served before 4:30 p.m. on a business day, what is the deemed date of service?

Answer 19

The same day

Question 20

If the particulars of claim are served separately, what is the deadline for doing so?

Answer 20

Within 14 days after service of the claim form (but no later than four months after the date of issue of the claim form)

Question 21

How long does the claimant have to serve a claim form outside the jurisdiction of England and Wales?

Answer 21

6 months

Question 22

When is permission not needed to serve proceedings outside the jurisdiction?

Answer 22

When a contract contains an English jurisdiction clause.