Commencing Proceedings. The part 7 Procedure Flashcards
7.2— How to start proceedings
(1) Proceedings are started when the court issues a claim form at the request of the claimant.
(2) A claim form is issued on the date entered on the form by the court.
7.3 Right to use one claim form to start two or more claims
A claimant may use a single claim form to start all claims which can be conveniently disposed of in the same proceedings.
7.4— Particulars of claim
(1) Particulars of claim must—
(a) be contained in or served with the claim form; or
(b) subject to paragraph (2) be served on the defendant by the claimant within 14 days after service of the claim form.
(2) Particulars of claim must be served on the defendant no later than the latest time for serving a claim form.
(Rule 7.5 sets out the latest time for serving a claim form.)
(3) Where the claimant serves particulars of claim on the defendant, the claimant must, within 7 days of service on the defendant, file a copy of the particulars unless a copy has already been filed.
(4) The claimant need not file a copy of the particulars of claim under paragraph (3) if the claim is being dealt with at the Production Centre (under rule 7.10) or the Civil National Business Centre (under Practice Direction 7C) and is not transferred to another court.
(Part 16 sets out what the particulars of claim must include.)
(Part 22 requires particulars of claim to be verified by a statement of truth.)
Practice Direction 7A
How to Start Proceedings
The Claim Form
General
Subject to the following provisions of this practice direction, proceedings where both the High Court and the County Court have jurisdiction may be started in the High Court or in the County Court.
Where to start proceedings
2.1
Proceedings (whether for damages or for a specified sum) may only be started in the High Court if the value of the claim is more than £100,000.
2.2
Proceedings which include a claim for damages in respect of personal injuries may only be started in the High Court if the value of the claim is £50,000 or more
2.3
A claim must be issued in the High Court or the County Court if an enactment so requires.
2.4
Subject to paragraphs 2.1 and 2.2 above, a claim should be started in the High Court if by reason of—
(1)the financial value of the claim and the amount in dispute, and/or
(2)the complexity of the facts, legal issues, remedies or procedures involved, and/or
(3)the importance of the outcome of the claim to the public in general,
the claimant believes that the claim ought to be dealt with by a High Court judge.
2.5
(1)A claim in the County Court under Part 7 may be made at any County Court hearing centre, unless any enactment, rule or practice direction provides otherwise.
(2)If a claim which is required to be made at a particular County Court hearing centre is made at the wrong hearing centre, a court officer will send the claim to the correct hearing centre before it is issued.
2.6
A claim relating to Business and Property work and which includes any work under the jurisdiction of the Business and Property Courts, may, subject to any enactment, rule or practice direction, be dealt with in the High Court or in the County Court. The claim form should, if issued in the High Court, be marked in the top right hand corner “Business and Property Courts” and, if issued in the County Court, be marked “Business and Property work” (except, in the County Court)
Start of proceedings
6.1
Proceedings are started when the court issues a claim form at the request of the claimant but where the claim form as issued was received in the court office on a date earlier than the date on which it was issued by the court, the claim is “brought” for the purposes of the Limitation Act 1980 and any other relevant statute on that earlier date.
6.2
The date on which the claim form was received by the court will be recorded by a date stamp either on the claim form held on the court file or on the letter that accompanied the claim form when it was received by the court.
6.3
An enquiry about the date on which the claim form was received by the court should be directed to a court officer.
6.4
Parties proposing to start a claim which is approaching the expiry of the limitation period should recognise the potential importance of establishing the date the claim form was received by the court and should themselves make arrangements to record the date.
6.5
Where a person seeks to start proceedings against the estate of a deceased defendant where probate or letters of administration have not been granted, the claimant should issue the claim against “the personal representatives of A.B. deceased”. The claimant should then, before the expiry of the period for service of the claim form, apply to the court for the appointment of a person to represent the estate of the deceased.
Statement of truth
10.1
The form of a statement of truth is specified in paragraph 2.1 of Practice Direction 22.
10.2
Attention is drawn to rule 32.14 which sets out the consequences of verifying a statement of case containing a false statement without an honest belief in its truth.
Extension of time
11.1
An application under rule 7.6 (for an extension of time for serving a claim form under rule 7.6(1)) must be made in accordance with Part 23 and supported by evidence.
11.2
The evidence should state—
(1)all the circumstances relied on,
(2)the date of issue of the claim,
(3)the expiry date of any rule 7.6 extension, and
(4)a full explanation as to why the claim has not been served.
(For information regarding (1) written evidence see Part 32 and Practice Direction 32 and (2) service of the claim form see Part 6 and Practice Directions 6A and 6B.)
Rule 7.6(2): Applications under rule
general principles as follows:
“i)The defendant has a right to be sued (if at all) by means of originating process issued within the statutory period of limitation and served within the period of its initial validity of service. It follows that a departure from this starting point needs to be justified;
ii)The reason for the inability to serve within time is a highly material factor. The better the reason, the more likely it is that an extension will be granted. Incompetence or oversight by the claimant or waiting some other development (such as funding) may not amount to a good reason. Further, what may be a sufficient reason for an extension of time for service of particulars of claim is not necessarily a sufficient reason for an extension for service of the claim form;
iii)Where there is no good reason for the need for an extension, the court still retains a discretion to grant an extension of time but is not likely to do so;
iv)Whether the limitation period has or may have expired since the commencement of proceedings is an important consideration. If a limitation defence will or may be prejudiced by the granting of an extension of time, the claimant should have to show at the very least that they have taken reasonable steps (but not all reasonable steps) to serve within time;
v)The discretionary power to extend time prospectively must be exercised in accordance with the overriding objective.”
Rule 7.6(3): Applications under rule
r.7.6(3) includes cases where the court has not even tried to serve the claim form through neglect.
However, most of the cases have turned on the interpretation of “reasonable steps” by the claimant (to effect service) in r.7.6 (3)(b).
e.g.
the defendant had admitted liability and had made an interim payment but the claimant’s solicitors offered no good reason for serving the claim form a week out of time.
The Court of Appeal overturned the first instance decision to extend time retrospectively, when the claimant’s argument that there were difficulties in preparing the schedule of special damage in time had been accepted.
High Court and County Courts Jurisdiction Order 1991
Article 4. - Allocation
Subject to articles 5, 6, 6A to 6E, proceedings in which both the County Court and the High Court have jurisdiction may be commenced either in the County Court or in the High Court.
Article 4A.
Except for proceedings to which article 5 applies, a claim for money in which the County Court has jurisdiction may only be commenced in the High Court if the value of the claim is more than £100,000.
Article 5.
(1) Proceedings which include a claim for damages in respect of personal injuries may only be commenced in the High Court if the value of the claim is £50,000 or more.
(2) In this article “personal injuries” means personal injuries to the plaintiff or any other person, and includes disease, impairment of physical or mental condition, and death.
(3) This article does not apply to proceedings which include a claim for damages in respect of an alleged breach of duty of care committed in the course of the provision of clinical or medical services (including dental or nursing services).
Article 9. - Value of claim
For the purposes of Articles 4A, and 5, the value of the claim shall be calculated in accordance with rule 16.3(6) of the Civil Procedure Rules 1998.
