Commencing proceedings

Question 1

CPR PD 7A 2.1 states that proceedings may not be commenced in the high court unless the value of the claim is MORE THAN…

Answer 1

£100,000

Question 2

CPR PD 7A 2.4 states that the three instances where it might be appropriate to bring a claim in the high court are…

Answer 2

1) the financial value of the claim (so i.e above 100,000)
2) the complexity of the facts, legal issues, remedies and procedures involved
3) the importance of the outcome of the claim to the public in general

Question 3

Under CPR 7.2(2), when are proceedings commenced?

Answer 3

When the claimant issues a claim form at court and the claim form stamped. Need to bring a copy for the court, and one for each defendant.

Question 4

Under CPR 7.5(1), when must the claimant serve the claim form on the defendant by?

Answer 4

Within four months from the date the claim form is issued with the court

Question 5

Under CPR 6.14, when is the claim form deemed to be served?

Answer 5

On the second business day after completion of the relevant step in CPR 7.5

Question 6

Which case says that the rule on deemed service is to give certainty, and therefore cannot be rebutted by proof that the defendant received the claim form any earlier than the deemed date of service?

Answer 6

Godwin v Swindon BC

Question 7

Which CPR says that if the claimant does not serve the particulars of claim with the claim form, they need to serve the PoC within 14 days from service of the claim form?

Answer 7

CPR 7.4(1)(b). Remember that 14 days is clear days as in CPR 2.8(2).

Question 8

Which CPR do you need to look at for the deemed date of service for documents other than the claim form?

Answer 8

CPR 6.26

Question 9

Which CPR says that if the defendant does not acknowledge service, they need to file a defence within 14 days of service of the particulars of claim?

Answer 9

CPR 15.4(1)(a). Remember this is clear days CPR 2.8(2)

Question 10

Which CPR says that an acknowledgement of service needs to be filed within 14 days (if not filing an immediate defence)?

Answer 10

CPR 10.3(1)(a) (if PoC served separately)

CPR 10.3(1)(b) (if PoC served with claim form)

Question 11

Which CPR says that if an acknowledgement of service is filed, the defendant needs to file a defence within 28 days of service of the particulars of claim?

Answer 11

CPR 15.4(1)(b). Remember this is clear days CPR 2.8(2)

Question 12

Which CPR gives the three responses a defendant can give to a particulars of claim and what are they?

Answer 12

CPR 9.2 (a) file an admission (b) file a defence in accordance with part 15 (c) file an acknowledgement of service