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Civil Litigation > Commencing Proceedings > Flashcards

Commencing Proceedings Flashcards

1
Q

Henry Bigbigging has been ordered by the court to serve a copy of his skeleton argument at least three days before the trial. The trial is due to take place on Friday 7 November 2014. What is the last date on which Henry can validly serve his skeleton argument? (see CPR 2.8)

A

The last day for service is Monday the 4th of November. There must be three clear days not including the end of the period or the beginning.

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2
Q

Spodo Komodo is bringing a claim in damages for personal injury against his former employer OLeary Ltd. Both parties are legally represented and their solicitors have complied with the personal injury protocol. Both firms of solicitors have letterheads with their office addresses, telephone numbers, DX, fax, and e-mail details. The Defendant’s solicitors’ last letter says ‘We confirm that we have instructions to accept service of proceedings.’

Given these facts alone, which of the following methods can now be used for service of Spodo’s claim form? Give full reasons for your answer.
[A] DX
[B] Fax
[C] E-mail

(See CPR 6.20)

A

DX or Fax.

The Solicitors for OLeary Ltd have included a DX number and therefore it is assumed by Practice Direction 6A that they may receive documents by DX,

OLeary Ltd have included a fax number and therefore it is assumed by Practice Direction 6A that they may receive documents by fax.

While OLeary Ltd have included an email address- only if it is specifically stated that this may be used for service will this be possible.

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3
Q
  1. Give the correct date of deemed service for each of the following methods of service documents other than claim forms. State why it should be that particular date:

A. First class post on Wednesday 27th August

B. Personal service at 4.50pm on Monday 1st September 2014.

C. Left at permitted address at 4.45pm on Friday 29th August 2014.

D. Left at the DX at 3pm on Tuesday 26th August 2014.

E. Emailed at 12.30pm on Wednesday 27th August 2014.

A

A. Friday 29th August

B. Tuesday 2nd September

C. Monday 1st September

D. Thursday 28th August

E Wednesday 27th August

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4
Q
  1. Which of the following methods can be used to effect the proper service of proceedings under the CPR?

[A] First class post (or an alternative service which provides for delivery on the next working day).

[B] Second class post.

[C] Fax.

[D] E-mail.

A

[A], [C] and [D]

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5
Q

State whether the High Court or the County Court is the most appropriate court for a complex professional negligence claim against a financial advisor for damages exceeding £100,000.

Why?

A

Practice Direction 7A says that high value, complex proceeding should be started in the High Court.

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6
Q

State whether the High Court or the County Court is the most appropriate court for a technical case involving considerable expert evidence where £22,000 in damages are claimed.

A

The County Court. According to Practice Direction 7A claims below £100,000 must be started in the County Court.

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7
Q

State whether the High Court or the County Court is the most appropriate court for a consumer claim worth £650.

A

The County Court (small claims track). According to Practice Direction 7A claims below £100,000 must be started in the County Court.

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8
Q

State whether the High Court or the County Court is the most appropriate court for a complex money claim in excess of £750,000

A

The High Court. Practice Direction 7A says that high value, complex proceeding of public interest should be started in the High Court.

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9
Q

What are the three factors that shold be taken into consideration when deciding where to take a claim (according to Practice Direction 7A)?

A
  1. The complexity of the matter
  2. The financial value of the matter
  3. The public importance of the matter
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10
Q

What is the penalty for commencing in the wrong court (Senior Courts Act 1981 s51(8))?

A

The proceedings will be transferred to the correct court and the claimant will be penalized by having to pay the costs of the application to transfer the claim and may have any award of costs reduced by 25%. The court may also strike out proceedings.

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11
Q

Non personal injury money claims must not be started in the High Court unless they exceed _______ according to 2.1 Practice Direction 7A.

What is _____?

A

£100,000

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12
Q

What does the Jurisdiction Order 1991, article 5 (also Practice Direction 7A), say regarding where personal injury claims should be started?

A

Personal Injury claims must not be started in the High Court unless the value of the claim exceeds £50,000

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13
Q

Claims for libel can be brought in either the County or High Court under the County Court Act 1984 s38. True or false?

A

False. Claims for libel are reserved to the High Court.

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14
Q

Claims for the recovery of land can be brought in either the County or High Court under the County Court Act 1984 s21. True or false?

A

True

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15
Q

Claims in contract and tort can be brought in either the County or High Court under the County Court Act 1984 s15. True or false?

A

True

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16
Q

In many claims the High Court and the County Court have concurrent jurisdiction under the Courts and Legal Services Act 1990. True or false?

A

True

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17
Q

Can a personal injury claim for £40,000 be commenced in the County Court?

A

Yes, personal injury claims worth less than £50,000 must be commenced in the County Court.

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18
Q

Can a libel action for £4000 be commenced in the County Court?

A

No, all libel actions must be commenced in the High Court

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19
Q

According to CPR 2.8 a period of time expressed must be in “clear days”. This means the day on which the period begins and the day on which the event occurs are not included. True or false?

A

True

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20
Q

If an application is to be heard on Friday 20 October and notice must be served three days before the hearing- when is the last day for service?

A

Monday 16th November

21
Q

Where a specified period is 10 days- are weekends included? (CPR 2.8)

A

Yes. If there is a specified period of 5 days or less, weekends and bank holidays aren’t included.

22
Q

Notice of an application must be served at least 3 days before the hearing. An application is to be heard on Monday 20 January. When is the last day of service? (CPR 2.8)

A

Tuesday 14 January.

23
Q

If a claim is for personal injuries the Claimant must expect to recover at least £50,000. However, for calculating this, what is not included? (CPR 16.3)

A
  1. Any order for costs.

2. Any order for interest.

24
Q

What is the limit of the County Court’s jurisdiction for equitable claims?

A

£350,000 (See supplement 1 to White Book, p449)

25
Q

When a Claimant is a member of a production centre, where should a claim be issued? (Practice Direction 7C)

A

In the production centre unless the claim is worth over £100,000 or other complicating factors.

26
Q

When are proceedings started in a civil case? (CPR 7.2)

A

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

27
Q

How can you tell when a claim form has been issued? (CPR 7.2(2))

A

It is on the claim form issued by the Court

28
Q

Where and when must a Claimant include the particular of claim? (CPR 7.4)

A
  1. Alongside the claim form

2. Within 14 days after service of the claim form

29
Q

When must a claim form be served (CPR 7.5)?

A

Then claimant must complete the “required step” for service before 12.00 on the calendar day four months after the issue of the claim form

30
Q

What is the “required step” for service for each of the following methods of service? (CPR 7.5)

a) First class post
b) Document exchange
c) Physical delivery
d) Electronic service
e) Personal service

A 
A) Posting 
B) Leaving with Document Exchange
C) Delivering the form physically
D) Emailing the form
E) By leaving it with that individual
31
Q

Can a Claimant request an extension of the four month time limit for serving a claim form? (CPR 7.6)

A

Yes

32
Q

When will a Court consider extending the time limit for serving a claim form under CPR 7.6?

A

If the Claimant has taken all reasonable steps to comply with the time limit and effect service but has been unable to do so.

33
Q

What should accompany the claim form and particulars of claim when it is served on the defendant (CPR 7.8(1))?

A
  1. A form for defending the claim
  2. A form for admitting the claim
  3. A form for admitting service
34
Q

What must accompany a Part 8 Claim? (CPR 8.2)

A
  1. The question which the claimant wants the Court to decide
  2. The remedy which the claimant seeks and the legal basis for that claim
  3. Information about the representative capacity of the defendant and claiman
35
Q

What track will Part 8 claims be allocated to? (CPR 8.9)

A

The multi track

36
Q

What happens if in a Part 8 claim a substantial issue of fact emerges? (CPR 8.1.3)

A

The Court can use it’s power to threat the claim as if it is not a Part 8 Claim

37
Q

How long after the claim form must the particulars of claim be served? (CPR 7.2)

A

No later than 14 days after

38
Q

What is the latest that the particular of claim can be sent after the proceedings are issued (CPR 16PD 3.2)?

A

Four calendar months

39
Q

Practice Direction 7 2.1:

Proceedings may not be started in the High Court unless the value of the claim is more than £______.

What is _____?

A

£100,000

40
Q

Default judgement is not available in Part 8 claims. True or false? (CPR 8.9.a)

A

True

41
Q

Part 8 claims are automatically allocated to the multi track. True or false? (CPR 8.9.c)

A

True

42
Q

With Part 8 procedure, there is no need to file evidence at the same time as the claim form. True or false? (CPR 8.5.1)

A

False. The Claimant should file any written evidence that he intends to rely on with his claim form.

43
Q

Todd is suing Brennan. He gives Brennan the claim form personally on Friday the 4th of August at 12.30. When is the claim form deemed to have been served? (CPR 6.14)

A

Tuesday the 7th of August

44
Q

Todd is suing Brennan. He gives Brennan the particulars of claim personally on Friday the 4th of August at 12.30. When is the claim form deemed to have been served? (CPR 6.14)

A

Friday the 4th of August

45
Q

When is a claim form issued? (CPR 7.2(2))

A

On the date entered on the form by the court

46
Q

What are the two ways to serve particulars of claim? (CPR 7.4(1))

A
  1. Contained or attached to the claim form

2. Within 14 days of service of the claim form - unless this is later than the latest time for serving the claim form

47
Q

What is the latest time for serving a claim form? (CPR 7.5)?

A

A claimant must complete the required step before midnight on the calendar day four months after the date of issue of the claim form.

48
Q

If a claimant emails the claim form at 11.59pm on the 4th of August, and the claim form was issued on the 4th of May - is the claim form on time? (CPR 7.5)

A

Yes

Civil Litigation (23 decks)

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