DR 4 - Commencing and Serving Proceedings Flashcards
What is required for claims against a partnership?
Claims must be brought against a partnership where there are two or more people who were partners and carried on the partnership business at the time when the cause of action accrued.
How are claims brought against a partnership?
Claims must be brought against the name under which a partnership carried on business at the time the cause of action accrued, unless it is inappropriate to do so.
What is the purpose of listing both the partnership’s name and individual partner names in claims?
To ensure enforcement of judgment against the partners’ personal assets, as well as the partnership assets.
How are sole traders named in claims?
Use both the individual and trading name of the sole trader.
How are companies named in claims?
Include the full registered name of the company, including the suffix (such as plc or limited).
Who are claims involving trusts usually brought against?
The trustees—not the beneficiaries.
How are claims against deceased persons made if there’s a personal representative?
Against the personal representative.
What is the presumption regarding capacity for individuals of adult age?
A person of adult age is presumed to have ‘capacity’ until the contrary is proved.
What defines a protected party in legal terms?
A protected party is someone lacking capacity due to impairment or disturbance of the brain or mind.
What is the role of a litigation friend?
A litigation friend represents children and protected parties in civil proceedings.
What is required for a person to act as a litigation friend?
They must be able to fairly and competently conduct proceedings on behalf of the child or protected party and have no adverse interest.
How must documents be served on children and protected parties?
Documents must be served on the litigation friend.
What are the two principal types of civil courts?
The High Court and the County Court.
Where should a non-PI claim over £100,000 or complex matters be started?
High Court
Where non-PI claims £100,000 or under be started?
County Court
Where do PI claims worth £50,000 or more or complex cases start?
High Court
What happens if the court disagrees with the claimant’s choice of court?
The court may transfer cases between the High Court and the County Court.
What is the consequence of incorrectly issuing a claim in the High Court when it should be in the County Court?
Costs may be reduced by up to 25%, at the court’s discretion.
What documents must be submitted to issue a claim at court?
Copies of the claim form (Form N1) and the court issue fee.
What is the significance of the date of issue of the claim form?
It stops time running for limitation purposes and starts the clock for the time in which the claim form must be served.
Where should County Court money claims be issued?
Most claims should be issued in the County Court Money Claims Centre.
What is ‘Money Claim Online’?
An online service provided by HMCTS for issuing some County Court money claims.
Who can effect service of the claim form?
Either the court or the claimant/claimant’s solicitor.
What is the approved method of service for a claim form?
Personal delivery, fax, electronic method (if accepted), or leaving the document at a permitted address, first class delivery or DX.
If none of the approved methods apply (e.g., the defendant doesn’t give an address), where can you serve?
When must the claim form be served [i.e., personal service, post, fax, etc.]?
Within 4 months from the date of issue of claim form (12:00 midnight deadline).
What are the conditions under which extensions to serve the claim form can be granted?
Extensions are difficult to obtain and require showing good reasons for the extension.
AND if applied for before the 4-month deadline.
How can particulars of claim be served?
- Included in the claim form
- Served with the claim form
- Served separately within 14 days of service of the claim form and within the period of validity of the claim form.
What must accompany the particulars if served with the claim form?
Response pack (admission, defence, acknowledgment of service forms)
What if the particulars of claim are served separately?
They must be served within 14 days and within 4 months of issue.
How many days does the claimant have to file a copy of the particulars of claim at court after service?
7 days
Unless they have already been filed.
List the permitted methods of serving documents other than the claim form.
- Personal service
- Delivering to or leaving at a permitted address
- First class post / document exchange (DX)
- Fax or other electronic method (e.g., email)
What must the defendant provide when responding to a claim?
An address for service
This is often the address of the defendant’s solicitors.
What is the significance of the deemed date of service for the claimant?
Sets the timeline to serve particulars of the claim
If they are not included initially.
When is a claim form deemed served?
On the second business day after completing the “relevant step”.
Example: Email sent on Wed, 5 Sept. deemed date?
Friday, 7 Sept (2 business days later)
Define ‘business day’ in the context of deemed dates of service.
Any day except Saturdays, Sundays, bank holidays, Good Friday, or Christmas day.
What happens if particulars of claim are served separately within 14 days after the claim form?
The rules for documents other than the claim form apply.
When are documents other than the claim form deemed served, by instant methods?
- Before 4:30 pm on business day = same day
- After 4:30 pm or non-business day = next business day
What is the deemed date of service for not-instant methods like post?
Deemed served second day after posting or giving to DX provider
If it’s a business day.
What is the deemed date if particulars of claim are served by email at 2:30 pm on a Wednesday?
Same day
Because it is an instant method completed before 4:30 pm.
