Commencing Proceedings Flashcards
Part 7 where:
- Likely to be a substantial dispute of fact
- No rule or PD requires Part 8
Part 7 procedure
- Pay issue fee
- Form stamped (issued) at Court
- Claim number allocated
- Court opens file
- Limitation stops when brought
- Must contain a statement of truth and a response pack
Part 7 venue
Specified or unspecified sum in CC = designated money claims = Court Money Claims Centre in Salford and transferred if D files a defence
Part 8 where:
- No substantial dispute of fact
- Part 8 required by PD or rule
Part 8 procedure
- Statement that Part 8 applies
- Question that C would like court to decide
- Remedy C seeks
- Serve written evidence at the same time as the claim form is served
Part 8 response
- D acknowledges service
- Whether D contests the claim
- Whether D seeks a different remedy
- If disputes Part 8 usage and why
Claim Form time limits
- 4 months within jurisdiction
- 6 months outside jurisdiction
Service hierarchy
- Personal service
- Authorised solicitor
- Service at a particular address given
Claim form for individual
Last known residence
Individual in name of business
Last known residence/place of business
Individual in business name of partnership
- Last known residence of individual
- Place of business of partnership
- Principal office of partnership
- Any place of business of the partnership within the jurisdiction with a real connection with the claim
LLP
- Principal office
- Any place of business with real connection
Corporation (E&W)
- Principal office
- Any place where it carries on its activities and which has a real connection with the claim
Company (E&W)
- Principal office
- Any place of business etc.
Last known address
Must take reasonable steps to ascertain D’s current address, then alternative service, then old address
Methods of service
- Personal
- Post/Next Day/DX
- Leaving at the address
- Electronic methods (only where party has previously indicated willingness to accept by fax/email)
- Contractually agreed
- Other method authorised by the court
Deemed date of service for claim forms
Second business day after completion of the relevant step
Other documents
- Post = second day after it was posted (if a business day; if not, the next business day after that)
- Email/fax/left = same day if business and pre-4.30, else next business day
Extension of service
- By written consent of both parties
- With Court permission - all reasonable steps to service, or court’s failure, and acted promptly (w/ evidence and no notice necessary)
Service on a child
Parents/guardians/other carer
Who can be a litigation friend?
- Can fairly and competently conduct proceedings on behalf of the child
- Has no interest adverse to that of the child
- Can pay any costs the child may be ordered to pay (if C)
Settlements w/ litigation friend
- Must be approved by the court
- If no proceedings, Part 8 application including all details
