Commencing proceedings Flashcards by Matthew Harriott

When do proceedings start?

When the court issues a claim form at the request of the claimant

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Can proceedings be bought anonymously?

But an anonymity order can be requested once the claim is issued

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How many claims can be started by the same claim form?

As many as can be ‘conveniently disposed of’ in the same proceedings

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When must particulars of claim be served?

Either with claim form, or within 14 days of service of the claim form

They then have 7 days to file a copy with the court if they have not already

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How long after the claim form is issued can it be served in E/W?

4 months

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How long after the claim form is issued can it be served out of jurisdiction?

6 months

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How is a claim form served by first class post/document exchange?

Posting, leaving with, delivering to the delivery service provider.

This must be done by midnight on the day 4 months after the claim form was issued

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How is a claim form served by delivery to the relevant place?

By being left at the relevant place

This must be done by midnight on the day 4 months after the claim form was issued

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How is a claim form served by personal service?

Leaving it with an individual

Leaving it with a senior official of a company

Leaving it with a partner if a partnership

This must be done by midnight on the day 4 months after the claim form was issued

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How is a claim form served by electronic method?

By being sent electronically

This must be done by midnight on the day 4 months after the claim form was issued

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What is the general rule for when an extension of time for service of the claim form can be applied for?

General Rule = within the 4 or 6 month period (whichever is relevant), or within the current extension if one has been granted

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When can the court grant an extension of time for service of the claim form, if requested out of time?

If the court has failed to serve the claim form or

The claimant has taken all reasonable steps to comply with the time-limit but has been unable to.

In either case the application must be made promptly

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Can an application for an extension of time for serving the claim form be made without notice?

Yes

[As they have not been served yet - this makes sense]

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What must accompany an application to extend time for serving the claim form?

Evidence:

All the circumstances relied upon
the date of issue of the claim
The expiry date of any current extension
a full explanation of why the claim has not been served

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What is the threshold for the value of a claim that can be brought in the high court?

£100,000

£50,000 for a claim which includes PI

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What factors can be considered in when deciding where to bring the claim?

Financial value
complexity
Public importance

But can’t be in HC unless it meets thresholds

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What is the threshold for clinical negligence claims to be brought in the high court?

£100,000

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How is the value of the claim calculated for the purpose of commencing proceedings?

Ignore interest, costs, counterclaims and set offs.

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What are the possible methods of service of the claim form?

personal service

First class post/document exchange etc

Leaving it at a specified place

Fax or other means of electronic communication

Companies and Partnerships served the same way, as well as in the methods in the Companies Act

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Who serves the claim form?

General rule is the court does.

Unless - a PD or enactment says the claimant must, or the claimant wishes to serve it and informs the court

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When can the claim form not be served personally?

On the crown, or where they have specified a solicitor

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How do you serve a claim form personally on an individual?

By leaving it with them

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How do you serve a claim form personally on a company?

By leaving it with a person holding a senior position within the company

senior position = director, treasurer, secretary of the company, chief exec or other manager

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How do you serve a claim form personally on a partnership?

By leaving with a partner or

A person who has control of the management of the partnership at the principal place of business

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Where should the claim form be served?

In the jurisdiction, unless otherwise ordered by the court (or a foreign solicitor can be served)

What should be included by the claimant on the claim form to facilitate service?

A full address of the Defendant

When must the a solicitor be served on behalf of the Defendant

When D has given the business address of a solicitor for the purpose of service or A solicitor has written to C to make clear that they are instructed to accept service on D's behalf It MUST be served on the solicitor at their business address

If D gives an address for the purposes of service of the claim form, can he be served there?

Yes - but Must be somewhere he resides or carries out business Must be in the UK

Where do you serve the claim form if an individual has not provided an address for the purpose?

Last known or usual address

Where do you serve the claim form if a Limited Liability partnership has not provided an address for the purpose?

Principal place of business; or any place of business within the jurisdiction

Where do you serve the claim form if an individual being sued in the name of a business has not provided an address for the purpose?

Last known or usual address of the individual, or Principal or last known address of the business

Where do you serve the claim form if corporation has not provided an address for the purpose?

principal office of the corporation or any place in the jurisdiction where they carry on their activities which has a connection to the claim

Where do you serve the claim form if a registered company has not provided an address for the purpose?

principal office of the company or any place in the jurisdiction where they carry on their activities which has a connection to the claim

What happens if there is reason to believe that the defendant is no longer at their last address?

The claimant must take reasonable steps to ascertain their new address, or to find an alternative method of service. Only if this is not possible can they then serve at that last known address

When can a claim form be served by a contractually agreed method?

When there is a clause in a contract which states where and how the claim form must be served and The claim is solely in respect of the contract which contains the clause

When is a claim form deemed to be served?

On the second business day after completion of the relevant step

When can the court order service of a claim form by an alterative method or to an alternative place?

Where it sees there is good reason to

What should an application for alternative service include?

Evidence - what is proposed, why it is proposed, why it is thought to be successful (if after the event, then it must include what was done and when) It can also be that on application, the court decides the efforts already taken are good service

When can DX be used for service of a claim form?

When the address provided includes a DX postbox number

What are the rules for electronic service?

Email can be used for service where: An email is provided on a statement of case or response to claim filed with court an email address is stated as usable for service Where service must be affected by sending to multiple addresses, if 2 are used this is sufficient

How can documents other than the claim form be served?

Post Personal Service Leaving in a place Fax or electronic comms Any method authorised by court

Who serves documents other than claim forms?

The party who made them - or the court if it made it. Exception is where a practice direction or rule says otherwise

When can't a document (other than a claim form) be served personally?

When an address has been provided for service of documents In proceedings against the crown

How are documents (other than claim form) served?

same way as claim forms

Who should documents be served on when the party to the litigation is a child or protected party?

Their litigation friend

Under what test can the court allow alternative service of a document other than a claim form?

Same as claim form - "good reason"

When is a document other than a claim form deemed to have been served by post?

2nd day after it was posted as long as it is a business day. If not, business day after that.

When is a document other than a claim form deemed to have been served by DX

2nd day after it was posted as long as it is a business day. If not, business day after that.

When is a document other than a claim form deemed to have been served by leaving at a permitted address?

If left on a business day before 4:30pm, then that day. Otherwise next business day

When is a document other than a claim form deemed to have been served by Fax

If transmission happens on a business day before 4:30pm, then that day. Otherwise next business day.

When is a document other than a claim form deemed to have been served by other electronic method?

If sent on a business day before 4:30pm, then that day. Otherwise next business day

When is a document other than a claim form deemed to have been served by personal service?

If served personally on a business day before 4:30pm, then that day. Otherwise next business day

When can a claimant bring a claim using part 8?

Where there is unlikely to be a significant dispute of fact

What must be included in a part 8 claim form?

It must state that: Part 8 applies The question being asked The remedy sought what enactment the claim is made under (if any) whether either party is in a representative capacity

When must an acknowledgment of service be filed under part 8

No longer than 14 days after service of the claim form

What must an acknowledgment of service state under part 8

Whether the claim is contested whether a different remedy is sought

What is the effect of having failed to file an acknowledgment of service under part 8?

D may attend hearings but may not take part unless the court gives permission

Under part 8, when must the claimant file written evidence?

When they file the claim form

Under part 8, when must the claimant serve written evidence on the other parties?

When they serve the claim form

Under part 8, when must the defendant file their written evidence?

When they file an acknowledgment of service

What can the claimant do after receiving written evidence under part 8?

They may file a written reply with 14 days

Can the claimant rely on the part 8 claim form as written evidence?

Yes, if verified by a statement of truth

Can the court extend time for the filing and service of written evidence under part 8?

Yes

Can the court allow the filing of further evidence, or the giving of oral evidence under part 8?

Yes

What is the process if D thinks part 8 is inappropriate?

Should give reasons why when acknowledgment of service is served (substantial dispute of fact most likely) The court will then give directions as to the future management of the case - including having it progress as a normal claim

Which track are part 8 applications assigned to?

Multi-track

Under part 8, does the defendant or claimant need to file a statement of case?