🗣️DR 2: Commencing & responding to claim Flashcards
Which claims MUST be started in County Court
£100k or less
OR £50k or less for PI
3
Which claims MAY be started in High Court (C can choose)
- More than £100k OR more than £50k for PI
- Claim complex (fact, legal issues, remedy, procedures)
- Outcome important to public in general
If a claim is issued in High Court, can a judge decide to transfer to County Court later?
Yes
What organisation issues most claims and retains those that are undefended?
Civil National Business Centre (CNBC) in Northampton
Where/how are proceedings issued?
- Money only made on paper=send to CNBC, will be sent to Ds local County C if hearing required
- Online for specified sums max £100k=website Money Claim Online
- All other County Court claims-any of the County Court hearing centres
What are the divisions of the high court and what do they deal with?
- Kings Bench-Tort/contract
- Chancery-land, trusts, inheritance, partnership/company
- Family-divorces/adoption
What are the Business and Property Courts used for?
For national/international specialist business/other disputes
Inc:
*Commercial Court-complex cases arising from business disputes over contracts, insurance, banking and finance
*Tech and Construction Court-buildings, engineering, surveying
What is the overview of the process for commencing and responding to a claim?
- Issue and serve claim form and particulars of claim
- Defences, counterclaims and additional claims filed
- Court allocates claim to a track
When are proceedings formally started?
when claim issued to court (is when limitation period time stops running)
What is a statement of case and its purpose?
○ Are the formal docs where parties concisely set out their respective cases
○ Served between parties and filed at court
○ Enable parties to assess strength of opponants case, see what evidence is needed to counter it, decide whether to settle
At trial, will the court decide issues not raised in the statements of case?
No
What documents will a statement of case usually be?
- Claim form and particulars of claim
- Defence
What additional documents can a statement of case be?
- Claimants reply
- Counterclaim
- Defence to counterclaim
- Response to request for further information
When drafting statements of case, what type of language should be used
clear plain English where possible
Where a solicitor prepares a statement of case, whos name should it be signed in?
Firms name
What documents need to be sent to the court to issue a claim?
- Claim form N1
- Particulars of claim (on claim form or in sep doc)
- Docs required to be annexed by CPR (eg. copy of contract)
What should be included in the heading (top right corner) of the claim form?
- Details of relevant court
- Details of solicitors fee account
- Claim number (inc. on all court docs) assigned when claim form issued
- Date of issue
What is the rule for what name should be entered onto the claim form depending in the capacity of the party?
*Individual=Full unabbreviated names and title
*Sole traders= name and business name
*Partnerships=Should sue and be sued in name of firm
*Companies=Registered name/address (check with company search)
*If C dead=Executors, administrators, PRs
On the claim form, what should the brief details of claim include?
Concise statement on nature of claim and specify remedy
On the claim form, what should the statement of value include?
a. HC: put ‘claimant expects to recover more than £100k/£50k’
b. CC: state whether expect to recover:
*not more than £10k
*More than £10k but not more than £25k
*more than £25k but not more than £100k
* more than £100,000;
*they cant say how much they expect to recover.
c. For PI, also state whether amount C expects to recover as general damages for pain, suffering and loss of amenity is not more than £1500 or more than £1500
When calculating how much a party expects to recover in the claim form, what is disregarded?
- Costs and interest
- Contributory negligence
- Counterclaims
On the claim form, what name and address for service should be given?
- Defendants
- OR solicitors IF confirmed in writing sol instructed to accept service of court proceedings on clients behalf
On the claim form, what should be included in the Financial summary of claim box?
1. Amount claimed’ box:
*Specified: exact figure inc interest
*Unspecified: estimate of amount genuinely expected to recover
2. Court feebased on amount claimed, max £10k
3. Legal reps costs:
* fixed for specified money claims
*For all others- ‘to be assessed
Can you indicate your Preferred County Court hearing centre on the claim form?
Yes