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Civil Litigation > Commencing Proceedings > Flashcards

Commencing Proceedings Flashcards

1
Q

How are proceedings started?

A

CPR 7.2

Proceedings are started when the court issues a claim form at the request of the claimant

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2
Q

When is a claim form ‘issued’?

A

On the date entered on the form by the court

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3
Q

7.4 (1) Particulars of claim must
(A) be contained in or served with the _____ _____; or
(B) subject to para (2) be served on the D by the C within ___ days after _____________
(2) Particulars of claim must be served on the D no later than the latest time for serving a claim form (CPR 7.5)

A

(A) claim form

(B) 14 days after the service of the claim form

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4
Q

(1) Where the claim form is served within the jurisdiction, the claimant must_____A______ required by the following table in relation to the particular method of service chosen, before _____B____ on the calendar day ____C____ after the date of issue of the ____D____.

A 
A = complete the step
B = 12.00 midnight
C = four months 
D = claim form.
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5
Q

What is the required step when the method of service is ….

First class post, document exchange or other service which provides for delivery on the next business day

A

Posting, leaving with, delivering to or collection by the relevant service provider

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6
Q

What is the required step when the method of service is ….

Delivery of the document to or leaving it at the relevant place

A

Delivering to or leaving the document at the relevant place

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7
Q

What is the required step when the method of service is ….

Personal service under rule 6.5

A

Completing the relevant step required by rule 6.5(3)

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8
Q

What is the required step when the method of service is ….

Fax

A

Completing the transmission of the fax

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9
Q

What is the required step when the method of service is ….

Other electronic method

A

Sending the email or other electronic transmission

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10
Q

(2) Where the claim form is to be served out of the jurisdiction, the claim form must be served in accordance with Section IV of Part 6 within ______________________

A

6 months of the date of issue.

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11
Q

Can the claimant apply for an order extending the period for serving the claim form?

A

Yes

CPR 7.6

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12
Q

CPR 7.6(2)
General rule in relation to extending the time for serving a claim form is that an application must be made …
(A) with the period specified by rule 7.5 (which is…?); or
(B) where an order has been made under this rule, within the period for service __________

A

(A) 4 months

(B) specified by that order

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13
Q

When a C applies for an extension of time for serving a claim from, within the 4 month period, does the C need to have already taken reasonable steps as to the service of the claim in the way that the C would need to have done if they were making the application after the expiry of the 4 month period?

A

C of A has held that the courts can allows an application to extent time prospectively without being satisfied that C has take all resonate steps to comply with rule 7.5

Although the better the reason the more likely the extension would be granted, incompetence or oversight by the C, or waiting on some other development in the case might not amount to a good reason.

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15
Q

What has been held in relation to “reasonable steps” taken under CPR 7.6(3)?

  • When has it not been allowed:
A
  • Nanglegan = C served claim form on the D when solicitors had been nominated, C realised the mistake and could have faced the claim form to the D’s solicitors within the 4 months of service
  • Elmes = C faced the claim form to the D’s insurers on the last day fo the four month period
  • In neither case was the C given permission to proceed
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16
Q

Can a claimant apply to extend the time for serving the claim form after the period of 4 months/after time specified in an order?

What are the rules in relation to this?

A

Yes … but only if
(A) the court has failed to serve the claim form; or
(B) the C has taken all reasonable steps to comply with rule 7.5 but has been unable to do so; and
(C) in either case, the claimant has acted promptly in making the application

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18
Q

CPR 7.6
(4) An application for an order extending the time for compliance with rule 7.5
(A) must be _______ by ______; and
(B) may be made ______ _____.

A

(A) supported by evidence

(B) without notice

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19
Q

List methods of service prescribed by CPR 6.3

A

(1) Personal Service
(2) first class post, document exchange or other services which provides for delivery on the next business day
(3) leaving it at a place specified (in rule 6.7, 6.8, 6.9 or 6.10)
(4) fax or other means of electronic communication
(5) any menthols authorised by the court under rule 6.15

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20
Q

How can a company be served?

A

(A) any method permitted under this part; or

(B) any method of service permitted under the Companies Act 2006

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21
Q

How can a limited liability partnership may be served?

A

(A) any method permitted under this part; or
(B) by any of the methods of service permitted under the Companies Act 2006 as applied with modification by regulations made under the Limited Liability Partnerships Act 2000

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22
Q

How is a claim form served personally?
(A) on an individual
(B) on a company or other corporation
(C) on a partnership

A

(A) by leaving it with that individual
(B) by leaving it with a person holding a senior position with the company or corporation
(C) by leaving it with
(i) a partner; or
(ii) a person who, at the term of service, has the control or management of the partnership business at its principal place of business

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23
Q

When can personal service not be used as a method of service?

A

CPR 6.5(2)

(A) when 6.7 applies (service on a solicitor with the UK); or
(B) in any proceedings against the Crown

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24
Q

6.6(2)
The claimant must include in the claim form an _____ at which the defendant may be ____. That X must include in the a full ____ , unless the court orders otherwise

(3) para (2) dose not apply where an order made by the court specifies the ___ or ____ of ___ of the claim form

A

(2)
1. Address
2. Served
3. Postcode

(3) place/method/service

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25
Q

When can a solicitor with the UK be served the claim form?

CPR 6.7

A

Where the D has given in writing the business address (within jurisdiction) of a solicitor as an address at which the D may be served with the claim form; or

A solicitor acting for the D has notified the C in writing that the solicitor is instructed by the D to accept service of the claim form on behalf of the D at a business address within the jurisdiction

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26
Q

Can the defendant be served at an address given?

CPR 6.8

A

D may be served with claim form at an address at which the D resides or carries out business within the UK and which the D has given for the purpose of being served with proceedings

Any claim by a tenant against a landlord, claim form may be served at an address given by the landlord under s.48 L&TA 1987

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27
Q

When personal service (6.5) or service on solicitor, do not apply and D has not given an address; and C does not wish to effect personal service under 6.5(2)
How is service effected on ….

An individual

A

usual or last known residence

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28
Q

When personal service (6.5) or service on solicitor, do not apply and D has not given an address; and C does not wish to effect personal service under 6.5(2)
How is service effected on ….

Individual being sued in the name of a business

A

usual or last known residence of the individual; or principal or last known place of business

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29
Q

When personal service (6.5) or service on solicitor, do not apply and D has not given an address; and C does not wish to effect personal service under 6.5(2)
How is service effected on ….

Individual being sued in the business name of a partnership

A

Usual or last known residence of the individual; or principal or last known place of business of the partnership

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30
Q

When personal service (6.5) or service on solicitor, do not apply and D has not given an address; and C does not wish to effect personal service under 6.5(2)
How is service effected on ….

Limited liability partnership

A

Principal office of the partnership or any pace of business of the partnership with the jurisdiction which has a real connect with the claim

31
Q

When personal service (6.5) or service on solicitor, do not apply and D has not given an address; and C does not wish to effect personal service under 6.5(2)
How is service effected on ….

Corporation (other than a company) incorporated in England and Wales

A

Principal office of the corporation; or
any place within the jurisdiction where the corporation carries on its activities and which has a real connection with the claim.

32
Q

When personal service (6.5) or service on solicitor, do not apply and D has not given an address; and C does not wish to effect personal service under 6.5(2)
How is service effected on ….

Company registered in England and Wales

A

Principal office of the company; or

any place of business of the company within the jurisdiction which has a real connection with the claim.

33
Q

When personal service (6.5) or service on solicitor, do not apply and D has not given an address; and C does not wish to effect personal service under 6.5(2)
How is service effected on ….

Any other company or corporation

A

Any place within the jurisdiction where the corporation carries on its activities; or
any place of business of the company within the jurisdiction.

34
Q

What must the claimant do if they believe the address of the defendant (usual or last known) is no longer the residence/no longer where D carries out business?

A

Must take reasonable steeps to ascertain the address of the D’s current residence or place of business

35
Q

What happens if, having taken the reasonable steps required, is still unable to ascertain the D’s current address?

A

C must then consider whether there is an alternative place where; or an alternative method by which service may be effected

Then if there is such a place/method C must make an application under 6.15 (service of the claim form by an alternative method or at an alternative place)

36
Q

Can parties contractually agree the place and method of service of any possible claim form?

A

Yes
As long as claim is solely in respect of the contract it may be served on the D by the method/place specified in the contract

37
Q

When is service ‘deemed’?

A

CPR 6.14

A claim form served with the the UK is deemed to be served on the SECOND BUSINESS day after completion fo the relevant step.

38
Q

Service of the claim form by an alternative method or at an alternative place

Where it appears to the court that this is a _________ to authorised service by a method or at a place otherwise permitted by this part, the court may make an order permitting service by an ______ method or at an _______ place

A

Good reason
Alternative
Alternative

39
Q

CPR 6.15

On application under this rule, the court may order that _________ to bring the claim form to the ____________ by an alternative method or at an alternative place is ____ service.

A
  • Steps take
  • Attention of the D
  • good
40
Q

If the C makes an application under CPR 6.15 (service of the claim form by an alternative method/alternative place) what must the application be? And does it have to be made with notice?

If the court makes an order under CPR 6.15 what must the order specify?

A

Application under CPR 6.15 must be supported by evidence and may be made without notice

Order must specify 
(A) method or place of service 
(B) date on which the claim form is deemed served; and 
(C) the period for 
(i) filing acknowledgement of service; 
(ii) filing an admission; or 
(iii) filing a defence.
41
Q

Who will serve the claim form?

Who will serve a other documents?

CPR 6.21

A

Court will normally serve the claim form, via whatever service they deem fit, unless the C has told the Court that they will serve the claim form

Other documents:
A party to proceedings will serve a document which that party has prepared except where, rule or PD provides otherwise or court orders otherwise.

Where the court is to serve a document prepare by a party, that party must provide a copy for the court and for each of the parties to be served

42
Q

How is a claim form served on a child or protected party?

CPR 6.25

A

Must be served on their litigation friend
Litigation friend must be appointed if not already done
Court may make an order permitting a condiment o be serve on the child or protected party or on some other person other than the person specified in rule 21.8

43
Q

Deemed Service
CPR 6.26
When is a document, other than a claim form, served within the UK deemed to have been served, when served via ….

First Class post (or other service which provide for delivery on the next business day)

A

The SECOND DAY AFTER IT WAS POSTED, left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day.

44
Q

Deemed Service
CPR 6.26
When is a document, other than a claim form, served within the UK deemed to have been served, when served via ….

Document exchange

A

The SECOND DAY after it was left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day.

45
Q

Deemed Service
CPR 6.26
When is a document, other than a claim form, served within the UK deemed to have been served, when served via ….

Delivering the document to or leaving ti at a permitted address

A

If it is delivered to or left at the permitted address on a business day BEFORE 4.30p.m., ON THAT DAY; or in any other case, on the NEXT BUSINESS DAY AFTER THAT DAY.

46
Q

Deemed Service
CPR 6.26
When is a document, other than a claim form, served within the UK deemed to have been served, when served via ….

Fax

A

If the transmission of the fax is completed on a business day BEFORE 4.30p.m., ON THAT DAY; or in any other case, on the NEXT BUSINESS DAY after the day on which it was transmitted.

47
Q

Deemed Service
CPR 6.26
When is a document, other than a claim form, served within the UK deemed to have been served, when served via ….

Other electronic method

A

If the e-mail or other electronic transmission is sent on a business day BEFORE 4.30p.m., ON THAT DAY; or in any other case, on the NEXT BUSINESS DAY after the day on which it was sent.

48
Q

Deemed Service
CPR 6.26
When is a document, other than a claim form, served within the UK deemed to have been served, when served via ….

Personal Service

A

If the document is served personally BEFORE 4.30p.m. on a business day, ON THAT DAY; or in any other case, on the NEXT BUSINESS DAY after that day.

49
Q

Proceedings are started in the CC when the court issues a claim form at the request of the claimant but where the claim form was received in the court office in a date earlier then the date on which it was issued by the court, the claim is ______ for the purposes of the Limitation Act 1980 adn any other relevant statute on that _____ _____.

A

“Brought”

Earlier date

50
Q

Parties proposing to stat a claim which is approach the expiry of the limitation period should recognised the importance of establishing the ___________ the claim form was received by the court and should themselves make arrangements to _____________

A

The date

Record the date

51
Q

When the particulars of claim are not being served with the claim form, what must the claim form include?

A

A statement that particulars of claim will follow

52
Q

Part 22 requires the claim from and, where they are not included in the claim form, the particulars of claim, to be ___________________

A

Verified by statement of truth

53
Q

When can proceedings be issued under Part 8?

A

(A) it is unlikely to involve a substantial question of fact or

(B) rule or PD requires use of Pt 8

(C) rule or PD expressly permits the use of Pt 8

54
Q

Where the C uses the Pt 8 procedure the claim form must state:

(A)
(B) (i) and (ii)

A

(A) that pt 8 applies

(B) (i) the question which the C wants the court to decide; or
(ii) the remedy which the C is seeking and the legal basis fo the claim to that remedy

55
Q

Acknowledge of service under pt 8

(1) The defendant must –
(a) file an acknowledgment of service in the relevant practice form not more than _______ after service of the claim form; and
(b) serve the ____________ on the claimant and any other party.

(2) The acknowledgment of service must state –
(a) whether the defendant _____ the claim; and
(b) if the defendant seeks a different ______ from that set out in the claim form, what that ______ is.

A

(1)
(A) 14 days
(B) acknowledgement of service

(2)
(A) contests
(B) remedy / remedy

56
Q

What is the consequence when the time period has expired and D has failed to file an acknowledgement of service?

(Pt 8 proceedings)

A

The defendant may attend the hearing of the claim by may not take part in the hearing unless the court gives permission

57
Q

Filing and serving written evidence

  1. 5
    (1) The claimant must file any written evidence on which he intends to rely when he files his _______
    (2) The claimant’s evidence must be ______ on the defendant with the ____ _______.
    (3) A defendant who wishes to rely on written evidence must file it when he files his ________________
    (4) If he does so, he must also, at the same time, serve a copy of his evidence on the _____________
    (5) The claimant may, within _____ of service of the defendant’s evidence on him, file _________________ in reply.
    (6) If he does so, he must also, within the same time limit, serve a copy of his evidence on the _________.
    (7) The claimant may rely on the matters set out in his claim form as evidence under this rule if the claim form is _________________________
A

(1) Claim form
(2) served / claim form
(3) acknowledgment of service.
(4) other parties.
(5) 14 days / further written evidence
(6) other parties
(7) verified by a statement of truth.

58
Q

In Pt 8 proceedings what is the most common form for evidence relied upon?

A party may apply to the court for an _______ of time to file and serve _____ under rule 8.5 or for ______ to serve and file ______ _______ under rule 8.6.

A

Witness statement

A party may apply to the court for an extension of time to file and service evidence under rule 8.5 or for permission to serve and file addition evidence under rule 8.6

59
Q

In pt 8 proceedings no written evidence may be relied upon at the hearing unless (a) or (B)

The court may require or permits a party to give ____ _____ at the hearing

The court may give direction requiring the ______ ____ _______________ of a witness who has given written evidence

A

(A) it has been served in accordance with rule 8.5
(B) the court gives permission

Oral evidence

Attendance for cross-examination

60
Q

What is the limitation on Counterclaims and other additional claims (pt 20) in pt 8 proceedings?

A

A party may not make a counterclaim or other addition claim (pt 20 claim) without the court’s permission

61
Q

8.8
(1) Where the defendant contends that the Part 8 procedure should not be used because –
(a) there is a __________________________; and
(b) the use of the Part 8 procedure is not _______ or _______ by a rule or practice direction,
he must state his reasons when he files his___________________

When will the court give directions on this issue?

A

(A) substantial dispute of fact
(B) required or permitted

acknowledgment of service.

When the court receives the acknowledgment of service and any written evidence it will give directions as to the future management of the case.

62
Q

When should the pt 8 procedure be used?

(1) a claim by or against a _____ or ___________, as defined in rule 21.1(2), which has been ______ before the commencement of proceedings and the sole purpose of the claim is to obtain the ______________ to the settlement; or
(2) a claim for provisional damages which has been settled before the commencement of proceedings and the sole purpose of the claim is to obtain a _________________

A

(1) child or protected party / settled / approval of the court
(2) consent judgment.

63
Q

Where are proceedings issued in the County Court?

A

Money claims = All sent to CC Money Claims Centre

Other claims = May be issued at any CC hearing centre

64
Q

Name the 3 ways in which particulars of claim can be served:

A

1 = Included in the Claim form (as part of the form)

2 = With the claim form (separate document, but served with claim form)

3 = Served later - within 14 days of the service of the claim form

65
Q

How will the C know when the claim form has been served?

A

The court will give the C notice saying when the service took place

Court will notify the C if the claim form is returned to the court

66
Q

What will happen if during the course of pt 8 proceedings the case becomes to complex?

A

Case will be treated as allocated to the multi-track

67
Q

Where a document is to be served by fax or other electronic means –
(1) the party who is to be served or the solicitor acting for that party must previously have indicated in writing to the party serving –
(a) that the party to be served or the solicitor is willing to accept service by fax or other electronic means; and
(b) the fax number, e-mail address or other electronic identification to which it must be sent; and
(

A

The party to be served or the solicitor acting for them MUST have previously indicted IN WRITING,
That they are willing to accept service by fax or other electronic means; and
The fax-number/email address to which it must be sent

68
Q

When a party wishes to be served via fax or other electronic means what will be taken as sufficent written indications?

A

(a) a fax number set out on the writing paper of the solicitor acting for the party to be served;
(b) an e-mail address set out on the writing paper of the solicitor acting for the party to be served but ONLY where it is stated that the e-mail address MAY BE USED for service; or
(c) a fax number, e-mail address or electronic identification SET OUT on a STATEMENT OF CASE or a response to a claim filed with the court.

69
Q

When a party intended to serve a document by electronic means (but NOT by FAX) what must they ask the party who is to be severed?

A

If there are any limitations to the recipient’s agreement to accept service by such means (for example, the format in which documents are to be sent and the maximum size of attachments that may be received).

70
Q

When a document is served by electronic means, does the party serving also need to send/deliver a hard copy?

A

No

Civil Litigation (29 decks)

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