Disputes - Issuing Claim (Commencement) (4) Flashcards
What is meant by issuing proceedings?
Issuing Proceedings: Unless matters can be resolved, claims should be formally issued at court within the limitation period, by submitting a claim court to the relevant court of issue (differs by value). The claim will be either:
(1) Specified Claim: Claims for fixed sums (i.e. debt).
(2) Unspecified Claim: Claims for undetermined sums (i.e. damages), or a mix of specified and unspecified.
How is the court of issue decided?
Court of Issue: Claims should be issued at the appropriate court to avoid unnecessary costs and delays. This is primarily based on the estimated value of the claim (claims may be reallocated by the courts where appropriate).
County Court
County Court: Claims up to and including £100,000 must be issued in the County Court (or £50,000 for personal injury). However, the County Court does have jurisdiction for claims of any value.
(1) Fixed Money Claims: Claims for fixed money-only claims must be issued from the Civil National Business Centre in Northampton.
(2) Other Claims: All other claims can be issued from a County Court Hearing Centre anywhere in the country.
High Court
High Court: Claims exceeding £100,000 (or £50,000 PI) may be issued in the High Court.
(1) Location: Claims may be issued in the Royal Courts of Justice or any District Registry of the High Court.
(2) Division/Specialist Court: Claims should be issued out of the correct High Court Division.
King’s Bench: General contract and tort actions (most common).
Commercial Court: Specialist business court (insurance and banking).
Technology and Construction Court: Specialist building, engineering and surveying court.
Chancery: Land, trusts, inheritance, partnership and company disputes.
Family: Family disputes.
How are proceedings commenced?
Start of Proceedings: Proceedings begin when the claim form is issued (filed) at court. It must then be served on the Defendant, or stayed.
(1) Serving Claim: Claims must be served on appropriate parties within a given time (usually by the court).
(2) Staying Claim: Claims may be ‘stayed’ (paused) once issued (usually if limitation is about to expire).
How are proceedings served?
Service of Proceedings: Once issued, claims must be served on appropriate parties, and then a series of correspondence should occur between claimant and defendant (or their solicitors if expressly consented).
What are the service deadlines?
Service Deadlines: Service deadlines are the date by which a statement must be served (by midnight).
(1) Claim Form: Within 4 months of issue.
Scotland and NI: Within 6 months (no permission required) (CPR 6).
Non-UK: Within 6 months (court permission required or English Jurisdiction Clause).
>Claim form sets out grounds of permission and evidence of correct jurisdiction.
>Served by foreign judicial authorities or the British Consul.
(2) Particulars of Claim: Within 14 days of claim form service (and also within 4 months of issue).
(3) Acknowledgement of Service: Within 14 days of particulars service (if necessary).
(4) Defence/Counterclaim: Within 14 days of particulars service (or 28 days if acknowledgement served).
>Parties can agree to extend up to a total of 56 days from particulars.
(5) Defence to Counterclaim: Within 14 days of counterclaim service.
>Parties can agree to extend up to a total of 28 days from counterclaim.
CF 4 months from issue (6)
PC 14 days of CF (within 4 months)
AS 14 of PC
D/C 14 days of PC (or 28 if AS) (extension agreed up to 56 days)
DtC 14 days of C (ext to 28)
What are the different methods of service?
Methods of Service: Permitted methods of service differ by form (below).
(1) Personal Service: Document handed and summarised to recipient, or dropped at their feet if refused.
>Individuals; Partners/Managers of Partnerships; Senior Officers of Companies.
>Individuals (anywhere); Partners/Officers (principal place of business).
(2) First-Class Post/Document Exchange: Document posted or sent by DocX to address for service.
(3) Hand Delivered Courier: Document hand delivered to specified location.
>Individuals (usual/last known address); Sole Traders/Partners (principal/last known place of business); Companies/LLPs (any place of business with connection to the claim within the jurisdiction).
(4) Fax/Email: Document faxed or emailed if expressly accepted as means of service on a statement of case.
(5) Other Method: Courts may permit another method or location if necessary, i.e. text message (CPR 6).
What is deemed service?
Deemed Service: Deemed service is the date at which a statement is deemed received by the opponent (and the date from which the next service deadline begins for the opponent).
(1) Claim Form: Deemed served second business day after posting.
Method: Personal (preferred) or any other method authorised. Typically served by the court.
(2) Other Forms: Deemed service of other statements differ by the method used. Typically served by the party.
Personal Service/Hand Delivery/Fax/Email: Served before 4:30pm on a business day (immediately); otherwise (next business day).
First-Class Post/DocX: Deemed served the second day after service (if that day is a business day); if not, it is deemed the next business day after that second day.
CF = 2nd business day after posting
SC = Depends on method (personal service, hand delivery, fax, email - before 4.30pm on a business day = immediately but if not next business day / first class post/DocX = served the second day after service if business day if not next business day after second day)
