Disputes Resolution 2: Issuing Claim Flashcards
What is included on a claim form?
- names and addresses of parties
- details of claim
- remedy sought
- value
- preferred court of hearing
- court fees and costs
- statement of truth
- Claimants address for service
- Particulars of claim (can be sent separately within 14 days following service of claim form)
How should the claim be valued?
Claimant should disregard interest, costs, contributory negligence and any counter claims
How should value of claim be given in damages claim (different tracks and high court)?
Should state whether claimant expects to recover:
- Not more than £10k (likely small track)
- More than £10k (PI cases exceeding £1k but not more than £10k) (fast track)
- More than £25k (likely multitrack)
High Court
Claim must include:
- Statement that C expects to recover more than £100k (£50k in PI cases)
- Details of the enactment that provides that claim may be commenced in High Court
How should names be given on claim form (including for Partnerships and companies)?
General
- Full unabbreviated name
- Also any name they carry on business under
Partnership
- Full name of partnership
- Full name of every partner
Company
- Registered name of LLP or Company
- Including appropriate suffix (LLP, LTD, PLC)
If Particulars of Claim are sent separately then when must they be served?
Claimants solicitor can serve separately within 14 days following service of claim form
Still within the 4 (or 6) months
What is a Part 8 Claim? What should be stated on the claim form?
Used if claim does not involve a substantial Used dispute of fact
Claim form must state
- That part 8 applies;
- The question that the claimant want the court to decide or remedy sought and the legal basis for claim to that remedy;
- Details of claim being made, and
- Capacity of the representative if the claim is being made in a representative capacity.
What must be included alongside the claim form for a part 8 claim?
- Witness evidence with claim form
- Statement of truth for witness evidence
- Particulars of Claim
How should a defendant respond to a part 8 claim? What happens if they fail to respond?
Defendant does not make formal defence. They:
- File their witness evidence with acknowledgement of service
(claim then treated as if fast track)
Failing to respond
- Cannot take part in hearing unless court gives them permission
What is the time limit for service of the claim form?
- 4 months if in jurisdiction
- 6 months if outside of jurisdiction
What documents should be included in service of claim form to defendant?
- Claim form
- Particulars of claim (if provided)
- Medical report (if appropriate)
- Schedule of past and future losses
- Notice of funding
- Certificate of suitability for litigation friend (if appropriate)
- Response pack
How must you serve if defendant has a nominated solicitor?
If D has nominate solicitor:
- Must serve on nominee (unless contract provides otherwise); or
- Service to D’s company’s registered office
How should you complete personal service to an individual, a company and a partnership?
Individual
- leaving with individual
company
- Leaving with person holding senior position within company (C-Suite, Director , MD)
Partnership
- Leaving with partner or
- With person who has control or management of partnership business at principle place of business
- Although ideally bring claim and serve all partners
When can you serve claim form by fax?
Only if:
- Party (or their lawyer) has indicated in writing that they will accept service by fax;
- Party has given fax number (including number on their stationary unless indicated to contrary); and
- Fax number is within the jurisdiction
When can you serve claim form by email?
Only if:
- Express consent
- Party has given the email address to send it to (email on stationary NOT sufficient)
When can you serve claim form by DX?
- If parties address for service includes a DX number
- DX number is on parties writing paper; and
- There has been no explicit indication that this will not be accepted
When is the deemed date of service for the different forms of service of claim form?
Personal service - instantaneous
All other forms of service
On the second business day after:
- Leaving claim form with post or DX
- Completing fax transmission
- Sending email or other e-transmission
How should you serve claim form if defendants whereabouts are unknown?
- Must take reasonable steps and make reasonable enquiries to ascertain the defendants current address
- Otherwise serve on defendants last known address
- May be prudent to make an application for alternative service
What should a defendant do if they believe service of the claim form was not valid?
- Indicate that they believe service was not valid on acknowledgement of service;
- Make application in 14 days
What is a certificate of service? What is the difference to this between court service and solicitor service?
- If court serves claim form will issue certificate of service and sent it to claimant
- If proceeding are undelivered court will notify claimant
- If solicitor is servicing need to file certificate of service within 21 days
Application process for applying for extension of time for service?
- Application can be made to court in within original period of validity
- Court only grant this in exceptional circumstances
What is service by alternative method? When might it be sought, what might the court grant?
If service might not be achieved within period CPR allows court to permit service by alternative method or at alternative place
- Claimant must apply and show good reason for order
- Order can be made retrospectively
- Court may rule that steps already taken constitute good service
- Courts likely to be more sympathetic to claimant if it is clear that defendant had notice of proceedings and failure of good service was by some understandable or reasonable misunderstanding
What are the rules of permission for service outside of England and Wales? Can this be challenged?
Court permission required
- All cases outside UK (Scotland and N. Ireland)
- Party to make application for permission to serve
If permission is granted D can challenge this
- before service though an application to set aside the order
- after service by application to set aside service
Where should a claim for be sent to?
Non-High Court Claims
- to Civil National Business Centre
High Court Claims
- Royal court of Justice or District Registry
- if don’t indicate District Registry then goes to RCOJ
- should indicate which division
Where will the CNBC transfer a claim to once received?
Normally to hearing centre local to:
- C’s home address if individual
- C’s preferred hearing centre if a company
