Commencing Proceedings

Question 1

How are proceedings started?

Answer 1

CPR 7.2(1) Proceedings are started when the court issues a claim form at the request of the claimant

Question 2

Where can guidance on the contents of a claim form be found and what are they?

Answer 2

CPR 16.2: The claim form must:

(a) Contain a concise statement of the nature of the claim;
(b) Specify the remedy which the claimant seeks;
(c) Statement of value of the claim (if applicable);
(d) Other such matters as may be set out in a Practice Direction

Question 3

What are a claimant’s options when considering how to set out its Particulars of Claim?

Answer 3

Particulars of Claim can be:

1) Included on the claim form itself;
2) Attached to the claim form;
3) Sent separately to the claim form (up to 14 days after service of the claim form)(CPR 7.4)

Question 4

Where can details on the content of the Particulars of Claim be found?

Answer 4

CPR 16.4

Question 5

What is a statement of truth?

Answer 5

A statement of truth confirms that the person making the statement has an honest belief in the accuracy of its content.
CPR 22.1 provides details of documents which must be verified by a statement of truth

Question 6

What is the time limit to serve the claim form on the defendant?

Answer 6

Once the claim form has been issued, it must be served on the defendant within 4 months (CPR 7.5 (1))

Question 7

What are the methods of service with regards to the claim form?

Answer 7

CPR 6.3(1): A claim form may… be served by any of the following methods -

(a) Personal service
(b) First class post, DX
(c) Leaving it at a place specified
(d) Fax/ other means of electronic communication

Question 8

When will a document need to be served on the defendant’s solicitor, and not the defendant?

Answer 8

Under CPR 6.7(1), where the solicitor acting for the defendant has notified the claimant in writing that he has been instructed to accept service on behalf of the defendant

Question 9

What is the ‘deemed date of service’?

Answer 9

The date the court considers a document to have been served, irrespective of the date it was actually received by the defendant

Question 10

What is the three rules relevant to calculating the deemed date of service of the claim form?

Answer 10

CPR 6.3: Sets out the methods of service for claim forms
CPR 6.14: A claim form served in the UK is deemed to be served on the second business day after completion of the relevant step under rule 7.5 (1)
CPR 7.5 (1): Sets out methods of service and the relevant steps required for each

Question 11

What are the two rules for deemed service of any other document?

Answer 11

CPR 6.20: Sets out the methods of service for documents other than the claim form
CPR 6.26: Deemed to be served on the day shown in the table

Question 12

What documents must be served with the Particulars of Claim?

Answer 12

CPR 7.8: 
A response pack containing:
(a) Form for defending the claim; 
(b) Form for admitting the claim;
(c) A form for acknowledging service

Question 13

When does time start running for the defendant to respond to the Particulars of Claim and how much time do they have?

Answer 13

Time starts running from receipt of the Particulars of Claim. The defendant must respond in one of three ways, within 14 days of deemed service: 
1. Admit part/ all of the claim;
2. File a defence; or 
3. File an acknowledgement of service 
(CPR 9.2)

Question 14

How long does the defendant have to file an acknowledgment of service (N9 form)?

Answer 14

14 days after receipt of the Particulars of Claim – CPR 10.3

Question 15

If a defendant files an acknowledgement of service, how much time do they have to file a defence?

Answer 15

A defence can be served up to 28 days after the service of the Particulars of Claim - CPR 15.4 (1)(b)

Question 16

How long does the defendant have to file a defence if they do not file an acknowledgement of service?

Answer 16

14 days after deemed service of the particulars of claim - CPR 15.4 (1)(a)

Question 17

What is a ‘clear day’ according to the CPR?

Answer 17

CPR 2.8 (3): ‘Clear days’ means that in computing the number of days - (a) the day on which the period begins; and (b) if the end of the period is defined by reference to an event, the day on which that event occurs, are not included

If the period you are counting is five days or less, you do not include weekends/ bank holidays

Question 18

Is it possible for the defendant’s and claimant’s solicitors to agree an extension of time for serving the defence?

Answer 18

CPR 15.5, the defendant and claimant may agree that the period for filing a defence shall be extended by up to 28 days. If an extension of time is agreed, the defendant must notify the court in writing

Question 19

If the defendant is still not ready after expiry of the given extension, what can they do?

Answer 19

The defendant must apply to the court for more time before the deadline expires (an “in time” application) – CPR 3.1 (2)(a)

Question 20

How will the court decide whether to grant an extension of time?

Answer 20

The court will use case management powers (under CPR 3) to decide whether doing so will serve the overriding objective

Question 21

What is a judgment in default?

Answer 21

CPR 12.1 - A default judgment is judgment without trial where a defendant has failed to file either: an acknowledgment or service, or a defence

Question 22

Where can the conditions which need to be satisfied for default judgment be found?

Answer 22

CPR 12.3 - The claimant may obtain judgment in default only if… the defendant has not filed [the relevant document] and the relevant time for doing so has expired
CPR 12.4 contains details of the procedure for obtaining default judgment

Question 23

When must the court set aside a Part 12 (default judgment)?

Answer 23

CPR 13.2 - The court must set aside a default judgment if judgment was wrongly entered for the following reasons:

1. Time limit for acknowledging service/ filing a defence had not, in fact, expired
2. An acknowledgement of service had, in fact, been filed on time
3. Summary judgment or strike out had been applied for before judgment was entered
4. The defendant had, in fact, satisfied the claim/ admitted the claim or required time to pay

Question 24

Can judgment be set aside if it was correctly entered?

Answer 24

Yes, in limited circumstances, the court may exercise its discretion to set aside the judgment in default under CPR 13.3: If the defendant had a real prospect of successfully defending the claim; or it appears to the court that there is some other good reason why the judgment should be set aside/ varied or the defendant should be allowed to defend the claim