Commencing Proceedings Flashcards
What claims MUST start in the county court?
Value of claim £100,000 or less.
What claims may be started in the high court?
- if the value of the claim exceeds £100,000
- claims for personal injury exceeding £50,000
- claimant has a choice of which court to use.
What claims must be sent to the civil national business centre (CNBC)?
If a hearing is required, where will it be transferred to?
All money only claims made on paper.
If a hearing is required it will go to the county court hearing centre local to the defendant.
High court is made up of 3 divisions, which claims are heard in which division?
Kings bench division - contract and tort.
Chancery division - land, trusts and company law.
Family division - divorces, adoption.
What will the claimant/solicitor send to the court when issuing proceedings?
(A) claimant form N1.
(B) particulars of claim.
(C) documents.
- time stops running when the claim form is received in the court office.
When must the claim form be served?
Within 4 months.
Can only be served on a form of solicitors if the defendant has nominated them in writing.
When is the claim form and particulars of claim deemed service?
Claim form - second business day (any day except weekends, bank holiday, Good Friday or Xmas day).
Particulars of claim - either at the same time as the claim form or within 14 days after service of the claim form but no longer than 4 months.
What is deemed service of documents other than the claim form?
Served before 4:30 on a business day, on that day. If not, on the next business day.
If sent by first class post, it will be on the second day (provided that day is a business day).
When must you serve a claim form if it’s out of the jurisdiction, and what must it be accompanied by?
Within 6months.
Claim foremost be accompanied by a notice, to show that the claimant is entitled to serve it outside the jurisdiction.
