commencing proceedings

Question 1

What is the court for a claim valued at £100,000 or less?

Answer 1

The claim MUST be started in the COUNTY COURT

Question 2

What is the court for a claim valued over £100,000?

Answer 2

The claim MAY be started in the HIGH COURT

Question 3

For personal injury claims, when can they be started in the High Court?

Answer 3

Personal injury claims can only be started in the High Court if the claim £50,000 or more.

Question 4

What factors may allow a claimant to start a case in the High Court for claims over £100,000

Answer 4

The High Court may be used if:
The claim is complex (facts, legal issues, remedy, procedures).
The outcome is important to the public in general.

Question 5

What types of cases does the County Court generally handle?

Answer 5

The County Court handles straightforward cases, including:
Claims for money only where the value is £100,000 or less (unless personal injury damages are sought).
Specified claims (e.g., debt claims) or unspecified claims for damage

Question 6

Where should all money-only claims, including specified and unspecified claims, be sent?

Answer 6

All money-only claims must be sent to the CNBC (civil national business centre). BUT - if hearing is required => must be sent to county court (local to D.)

Question 7

How can online claims for specified sums of money (debt claims) up to £100,000 be made?

Answer 7

can be made via Money Claim Online (MCOL), allowing individuals, businesses, and solicitors to issue proceedings, check claim status, request judgment, and enforce it over the internet.

Question 8

What is the typical choice of court for claimants starting proceedings?

Answer 8

Most claimants choose to start proceedings in the court closest to their home or business.

Question 9

What is the primary focus of the King’s Bench Division in the High Court?

Answer 9

contract and tort

Question 10

What types of disputes are handled by the Chancery Division of the High Court?

Answer 10

Disputes arising over land, trusts, contentious
inheritance matters, partnership claims and company law

Question 11

What is the focus of the Family Division in the High Court?

Answer 11

Resolves family disputes such as defended divorces and adoption.

Question 12

What types of cases are handled by the Commercial Court?

Answer 12

deals with complex cases arising out of business disputes
over contracts, insurance, banking and finance

Question 13

What does the Technology and Construction Court handle?

Answer 13

Handles claims about buildings,
engineering and surveying.

Question 14

When do proceedings commence in a court case?

Answer 14

Proceedings commence when the claimant or their solicitor sends a claim form and other relevant documents.

Question 15

What documents must be included when issuing proceedings?

Answer 15

1. a claim form (form N1);
2. particulars of claim and
3. documents that are required to be annexed by the CPR such as a copy of any contract.

once claim form has been ISSUED by court => proceedings are formally started.

Question 16

How should individuals be described in court proceedings?

Answer 16

Individuals must be described using their full unabbreviated names and titles. Example: Mrs Rehana Waheed.

Question 17

How should sole traders be described in court proceedings?

Answer 17

Individuals who engage in business are referred to as sole traders. If they use a business name, this should also be included

Question 18

How should a partnership be described in court proceedings?

Answer 18

A partnership should sue and be sued in the name of the firm rather than by naming individual partners.

Question 19

How should a limited liability company be described in court proceedings?

Answer 19

The correct registered name and address of the limited liability company must be stated - should be checked by carrying out a company search.

Question 20

What should be done if a defendant is an individual who has died before proceedings are commenced?

Answer 20

The claim should be made against the executors or administrators if appointed, or “the personal representatives of [name] deceased” if no executors or administrators are appointed.

Question 21

What must the claim form contain?

Answer 21

The claim form must contain a concise statement of the nature of the claim and specify the remedy that the claimant is seeking.

Question 22

What is required for specified (debt) claims in the claim form?

Answer 22

he precise figure, including the interest that has accrued, must be calculated.

Question 23

How should unspecified claims be stated in the High Court claim form?

Answer 23

the claimant need only put: ‘The Claimant expects to recover more than £100,000

Question 24

How should unspecified claims be stated in the County Court claim form?

Answer 24

the claimant must state:
* whether they expect to recover:
∘ not more than £10,000; or
∘ more than £10,000 but not more than £25,000; or
∘ more than £25,000 but not more than £100,000; or
∘ more than £100,000;

Question 25

What should be disregarded when calculating the value of a claim for money?

Answer 25

• possible awards of interest or costs;
• contributory negligence; and
• counterclaims

Question 26

What must a legal representative do when signing a statement of truth?

Answer 26

A legal representative must sign in their own name, not that of their firm or employer. They should state the capacity in which they sign and add the name of their firm where appropriate

Question 27

Who can make an application to add, substitute, or remove a party in legal proceedings?

Answer 27

An existing party or a person who wants to become a party.

Question 28

Can a new claimant be added or substituted without consent?

Answer 28

No, consent in writing from the new claimant must be filed at court.

Question 29

Is permission required to add, substitute, or remove a party?

Answer 29

Yes, permission is required unless the claim form has not yet been served on the defendant. If the claim form has been served, permission is necessary to change the parties.

Question 30

What are the grounds for adding, substituting, or removing a party within the limitation period?

Answer 30

It is desirable to add a party to resolve issues, to remove a party, or to substitute a party where the original party’s interest or liability has passed to them.

Question 31

What are the conditions for adding or substituting a party outside the limitation period?

Answer 31

The limitation period must have been current when proceedings started, and the original party was named by mistake, has died or gone bankrupt, or the claim cannot proceed without the new party.

Question 32

How long does the claimant have to serve the claim form after it has been issued?

Answer 32

The claim form must be served on the other parties within FOUR months.

Question 33

Can a claim form be served on a firm of solicitors representing the defendant?

Answer 33

A claim form can only be served on a firm of solicitors if the defendant has nominated them in writing

Question 34

How is personal service carried out for an individual defendant?

Answer 34

The claim form is handed to the individual. If they refuse to accept it, the form can be left with or near them.

Question 35

How is personal service carried out for a partnership?

Answer 35

The form may be left with a partner or with a person who manages or controls the partnership at its principal place of business.

Question 36

How is personal service carried out for a company?

Answer 36

The claim form is served by leaving it with a person holding a senior position, such as a director, treasurer, secretary, or chief executive.

Question 37

What is required for service by fax or electronic means?

Answer 37

The party to be served must have expressly confirmed they are willing to accept service by fax or email.

Question 38

What type of post satisfies the requirements of the CPR for service?

Answer 38

ONLY first class!

Question 39

What must be included on a solicitor’s letterhead for service by fax?

Answer 39

The inclusion of a fax number on the solicitor’s letterhead is sufficient for service by fax.

Question 40

What happens if the limitation period is running out and difficulties arise in tracing the defendant?

Answer 40

The claimant may be forced to issue proceedings, and the four-month window for serving the claim form provides a little more breathing space.

Question 41

What does Rule 6.14 establish regarding the deemed service of the claim form?

Answer 41

The claim form is deemed to have been served on the second business day after the required step (e.g., posting the claim form) has occurred.

Question 42

What defines a “business day” for deemed service?

Answer 42

A business day is any day except Saturday, Sunday, a bank holiday, Good Friday, or Christmas Day.

Question 43

How is deemed service for documents sent by email before 4:30 PM on a business day?

Answer 43

The document is deemed served on the same day it is sent.

Question 44

How is deemed service for documents sent by fax after 4:30 PM?

Answer 44

The document is deemed served on the next business day.

Question 45

How is deemed service for documents sent by fax before 4:30 PM on a business day?

Answer 45

The document is deemed served on the same day it is sent.

Question 46

How is deemed service for documents sent by first class post or DX?

Answer 46

he document is deemed served on the second business day after it was posted, provided that day is a business day. If not, it is deemed served on the next business day.

Question 47

In what type of cases would the particulars of claim be served separately from the claim form?

Answer 47

In more complex cases, where there is insufficient space on the claim form to detail the legal elements and facts in support.

Question 48

When must the particulars of claim be served if not included with the claim form?

Answer 48

The particulars of claim must be served either at the same time as the claim form or within 14 days after the service of the claim form, but no later than four months after the date of issue of the claim form.

Question 49

What is the time frame for serving a claim form outside the jurisdiction of England and Wales?

Answer 49

The claim form must be served within six months of being issued, instead of the usual four months.

Question 50

What is required when serving a claim form outside the jurisdiction of England and Wales?

Answer 50

The claimant must obtain permission to serve proceedings outside the jurisdiction, except in cases involving a contract with an English jurisdiction clause.

Question 51

Is permission required to serve a claim form in Scotland or Northern Ireland?

Answer 51

No, permission is not required to serve proceedings in Scotland or Northern Ireland

Question 52

What must be included when serving a claim form outside the jurisdiction?

Answer 52

The claim form must be accompanied by a notice setting out the grounds for serving it outside the jurisdiction and evidence that England and Wales is the proper forum.