DR 2 - Starting Proceedings: Choice of Court, Issuing Proccedings

Question 1

How does a claimant start legal action?

Answer 1

Completing a blank claim form (N1) which is then issued by the court and served on the defendant by either court or claimant’s solicitor

Question 2

What 9 things must a claim form contain?

Answer 2

Heading - what type of court depending on the case.

1. Name / address of parties
2. Solicitors details of claimant / defendant
3. Brief details of claim
4. Statement of value
5. Financial summary of claim (amount claimed, court fee, legal costs)
6. Any witness / evidence
7. Any human rights issues
8. Particulars of claim attached
9. Statement of truth

Question 3

What is important regarding the solicitor’s details in a claim form?

Answer 3

You can only add the solicitors details provided the defendant or their legal representatives have
* confirmed in writing that they have been instructed to accept service of the court proceedings
* on behalf of the client

Question 4

What must be included in the ‘brief details of claim’?

Answer 4

What remedy the claimant is seeking - e.g. breach of contract, damages

Question 5

What is the statement for value for specified claims?

Answer 5

Estimated or actual value of the claim must be instered

Question 6

What is the specified value for unspecified claims?

Answer 6

High court
* ‘The claimant expects to recover more than £100,000’ (provides confirmation that the matter has been issued in the correct court)
* Personal injury - same statement but £50,000

County court
Claimant must state whether they expect to recover
* Not more than £10,000
* More than £10,000 but not more than £25,000
* More than £25,000 but not more than £100,000

Estimate amount the claimant geniunely expects to cover.

Remember to disregard the following:
* possible awards of interests or costs;
* contributory negligence
* counterclaims.

Question 7

What is the maximum court fee?

Answer 7

£10,000

Question 8

What are the legal costs for specified money claims?

Answer 8

They are fixed for specified claims

Question 9

What are the legal costs for other claims?

Answer 9

‘To be assessed’ should be inserted as any costs will be awarded will be assessed by the court at the conclusion of the proceedings.

Question 10

Who can sign the statment of truth?

Answer 10

• This may be signed by either party
• Their legal representative - but in their own name, not name of firm e.g. Isabela Gjoka not Clyde & Co LLP.
• Any of the partners or person having control of management of a business - may sign for a partnership
• A person holding a senior position such as director, secretary, CEO or treasurer may sign on behalf of the company

NOTE. When legal representative signs - it will be taken as their statement that :
* Their client has authorised them to do so
* They have explained to the client that in signing the statement of truth, the solicitor is confirming the client’s belief in the facts stated in the documents are true
* the client was warned about possible consequences should it subsequently transpire that the client did not have honest belief in the truth of those facts - client may be prosecuted for contempt of court

Question 11

What is the statement for value for personal injury claims?

Answer 11

PI claims (not involving road traffic accident)

Claimant must state the amount the claimant expects to recover as general damages for pain, suffering, loss of amenity and if it is
* Less than £1500
* Or more than £1500

Question 12

What is the statement for value for cases for both damages and non-monetary remedy such as injunction (e.g. to prevent private nuisance)?

Answer 12

Statement for value must be given in respect of damage claims and will be allocated to an appropriate track depending on the value.

Question 13

What happens if you do not include a statement of truth?

Answer 13

• Court may strike out the document and even if not, the claimant is precluded from relying upon its contents

Question 14

What is considered a full name for the purposes of the claim form for (1) an individual, (2) an individual carry on business a sole trade, (3) a general partnership, and (4) a limited liability partnership or company?

Answer 14

1. Individual: Full unabbreviated name
2. Individual carrying on business: Full unabbreviated names with their trading as name
3. General partnership: Full name of partnership and every partner
4. LLP/company: Registered name

Question 15

What is the name given to a claim for a specified sum?

Answer 15

A debt claim

Question 16

What will a claim for damages always be, even if the claimant is able to itemise their loss in great detail?

Answer 16

An unspecified claim

Question 17

What does it mean when costs are to be assessed?

Answer 17

The court will determine the costs payable

Question 18

What must the claimant’s solicitors take or send to court to issue a claim form?

Answer 18

1. Copies of the claim form to be issued and sealed
2. Court issue fee

Question 19

How many Copies of the claim form must be taken to court to issue the claim?

Answer 19

One copy of the completed claim form to be kept on the court file

One copy for every defendant

One copy for the claimant to keep on its own file.

Question 20

What is the significance of issuing the claim form?

Answer 20

Date of issue of the claim form:
* stops time running for limitation purposes and starts the clock for the time in which the claim form must be served

Question 21

Where and how should most money claims be issued?

Answer 21

Most claims in the county court for money should be issued centrally in the County Court Money Claims Centre – to be managed before transfer to a particular local county court hearing centre.

This is done by sending the claim form (Form N1) to the County Court Money Claims Centre and paying the appropriate issue fee.

Question 22

Where should non-money County Court claims be issued?

Answer 22

Generally issued at any of the County Court Hearing Centre by sending in / attending with the claim form (Form N1 and) and fee

C specifies its preferred County Court hearing centre on the form and the claim may later be transferred there.

Question 23

Where else (apart from County Court Money Claims Centre) may a County Court Money claim be issued?

Answer 23

Some County Court money claims can be issued using ‘Money Claim Online’ an online service provided by HMCTS.

The claimant (or its solicitor) registers with the money claim online service and completes the online claim form.

• very quick and cost-effective resolution
• This service can only be used for money claims with a value of up to £100,000
• against no more than 2 defendants
• The claim form is served in the usual way, but the defendant may then respond through the online service
• If the claim is defended, it will be transferred to the appropriate local county court hearing centre

Question 24

What are the two options for including the Particulars of Claim?

Answer 24

1. Include on back of claim form
   Or
2. Produce as a separate document and either serve with claim form, or within 14 days following service

Question 25

What are the five critical points to bear in mind when completing the claim form?

Answer 25

1. Parties correctly identified, including spelling of name
2. Whether the claim is specified or unspecified
3. Particular of Claim are included or to be sent separately
4. Statement of Truth is signed
5. The correct type and number of documents have been supplied to the court

Question 26

What is a Part 8 Claim?

Answer 26

A claim where the parties do not substantially dispute the facts?

Question 27

What four things must a Part 8 claim state?

Answer 27

1. That Part 8 applies
2. Questions to be decided, or remedy sought and legal basis
3. Details of the claim
4. Capacity of the representative if claim is made in a representative capacity

Question 28

How does a defendant respond to a Part 8 claim?

Answer 28

File witness evidence with their acknowledgement of service, but do not file a defence.

Question 29

What are the consequences for a defendant who fails to respond to a Part 8 claim?

Answer 29

They cannot take part in the hearing, unless the court gives permission?

Question 30

Where a party entitlted to a remedy refuses to take part in the proceedings as a joint claimant, what should the claimant proceed to do?

Answer 30

• They must make the party refusing to partake as a claimant a defendant
• CPR 19.3 states that all person jointly entitled to the remedy must be the parties

Question 31

Who can make an application to add, substitute or remove a party?

Answer 31

1) An existing party
2) A person who wants to become a party
*No-one may be added or substituted as a claimant unless their consent in writing has been filed at court

3) The court is also entitlted on its own.

Question 32

Is permission required for adding, substituting or removing a party?

Answer 32

Yes, unless the claim form has not been served.

Question 33

What are the grounds regarding an application for adding, substituting or removing a party?

Answer 33

**Application made within the limitation period
It is desirable **to
* to add a new party to resolve matters in dispute or
* to remove a party
* to substiute, a party where the existing party’s interest or liability has passed to them

Application made outside the limitation period
A party may be added or substituted if the limitation period was current when proceedings were started and:
1. the original party was named by mistake
2. the original party has died / is subject to a bankruptcy order and their interest or liability has passed to the new party
3. the claim cannot properly be carried on without the new party

Question 34

During the course of proceedings, Petra Dies. An application is made to the court to order that the personal representatives of Petra’s estate are substituted as the claimant in her place in the litigation. What happens?

Answer 34

The judge makes the order after being satisfied that Petra’s interest has passed to the personal representatives and their consent in writing has been filed at court.

Question 35

What needs to be filed with the court for an application for adding/substituing a party to a claim?

Answer 35

1) Application notice
2) Amended copy of the claim form and particulars of claim
3) In the case where a claimant is being added, the signed written consent of that new claimant must be filed with the court or they will not be granted the application

Question 36

What needs to happen if the court grants the application for substituting or adding a new party?

Answer 36

A copy of the order must be served on every party to the proceeds and on any other person affected by the order.

Question 37

Can you add or amend a statement of case (particulars of claim or defence) to reflect a change in the cause of action?

Answer 37

1) If the document has not been served on any other party to the proceedings, then permission is not required
2) If the document has been served, the party may make the application to amend will either need:
- the written consent of all other parties to the action to amend the document
- permission of the court