DR 4 - making a claim Flashcards
Whose name should a claim against a partnership be brought?
Partnership’s name
Whose name should a claim against a sole trade be brought?
Individual and business name
Whose name should a claim against a dead person with grant of probate / administration be brought?
PRs
Whose name should a claim against a dead person without grant of probate / administration be brought?
Court to appoint someone to represent the estate
Whose name should a claim against a child (under 18) be brought?
Litigant’s friend (often relative or court appointed)
Which are the two civil courts?
County Court and High Court
Where can non PI claims of over £100k be heard?
Either Court
Where can non PI claims of up to £100k be heard?
Must be in County Court
Where can PI claims of £50k or more be heard?
either court
Where can PI claims of up to £50k be heard?
County Court
When considering the value of a claim, what is disregarded?
- interest
- costs
- counter claim
- contributory negligence
- social security benefits
When should a case be brought in the high Court?
- Value 💵
- complexity 🧠
- public interest 👀
What happens if the court disagrees with choice of court?
- Court will transfer
- You’ll pay costs of transfer
- If stays in high court MAY be awarded a 25% deduction of costs
What are the minimum docs required to start a claim
- FORM N1
- Court fee
Who should the claim form be sent to?
- Court
- Every defendant
- Keep a copy
Where should County Court claims be sent
- County Court Money Claims Centre - if cash 💵
- County Court Hearings Centre - if not cash 👂
- Money Claim Online = Under £100k & 2 defendants = 💻💵
Which date is important for limitation purposes?
The date the court issues the claim form (date of receipt of claim form)
Who serves the claim form on the defendant?
- Court, or
- Claimant
What does the claimant need to do if it choses to serve the claim form and particulars of claim together?
- notify the court that it wants to serve
- notify the court that it has served within 21 days of service of particulars of claim
When must a claim form be served?
12:00 midnight on the calendar day 4 months after the date of issue
In what circumstances can the time limit to serve a claim form be extended?
- with a good reason
- application made within the 4 month window
Can the claim form be issued after the 4 month deadline?
Yes, but only if:
- court failed to serve, 🧑⚖️
- claimant has taken all reasonable steps 👣
- application made promptly ⏱️
If the particulars of claim are not served with the claim form, when must they be served by?
- within 14 days of deemed service of the claim form
AND - within the 4 month deadline
If the particulars of claim are not served with the claim form, when must they file a copy with the court?
7 days of service
When is a Claim Form deemed served?
- second business day after the relevant step (e.g. posting, faxing etc.)
NOTE: important distinction between when a claim form is deemed served and when another document is deemed served. This can be important if the particulars of claim are not served in the claim for, or if they are served on the same day but are not within the claim form.
What is the Deemed date of service for a document other than a claim form?
- Instant method (fax, email etc),
- served before 4.30 on
- a business day
= deemed served on same day (if after 4.30 - next business day)
Non-instant method
- second day after posting
Which days are not business days?
- Weekend
- bank holidays
- Good Friday
- Christmas Day
What is the limitation period for Personal Injury claims
3 years of the latest of:
- action occurred
- knowledge of person injured
What is the limitation period for Fatal Accidents
Limits are:
- same limit as PI for dead person (I.e. if they’ve known for over 3 years).
PLUS
claim cannot be brought after 3 years of the later of:
- date of death
- date of knowledge of dependant
What is required for date of knoweldge?
Knowing that:
- Injury was significant
- attributable to wrong doing
- identify of defendant
- identify of person other than the defendant (vicarious liability)
What is Latent damage
something unaware of for a long time
What is the limitation period for Latent damage
Later of:
- 6 years from when the action accrued
- 3 years from requisite knowledge
NOTE
- 15 year longstop from latest negligent act / omission which caused the damage
What is the limitation period for enforcing a judgement
6 years
What is the limitation period for enforcing a tort or contract claim
6 years after action
What effect does disability have on the time limits?
limitation period starts from when disability ends:
- 2 years contribution claims
- 3 years PI / fatal accidents
- 6 years other cases1
When does a person have a disabilty?
- minor (under 18)
- or lacks mental capacity
What if the claim is based on a fraud or deliberate concealment?
Limitation does not start to run until the claimant finds out
Counting time: What does 14 days mean?
Means clear days which does not include the day of action
Counting time: What does 14 days ending on an event mean?
that event is not included in counting days nor is the last day of counting (i.e. 3 days does not include the 3rd day).
Counting time: which period of days do the special rules apply to?
5 days
Counting time: Which days don’t count for periods of 5 days or less?
- Weekends
- Bank holidays
- Good Friday
- Christmas
Counting time: what if the court is closed on the day?
the next day the office is open
What must be done to issue a claim form?
- Copies of Claim Form (Form NI) issued and sealed
- Court issue fee
What is the significance of the date of issue of the claim form?
Stops time for limitation and starts time for when claim form can be served
To add a C or D to a claim, what is the test?
Must be ‘desirable’
To add a claimant to a claim, what is needed?
- Their consent
- Court’s permission (unless claim form hasn’t been served)
To add a claimant after the end of a limitation period, when is this allowed?
If limitation period was current when proceedings started, and Addition : substitution is necessary:
- The intended D has been identified in the statements of case by description or less specifically
Who can effect service of a claim form?
Court or claimant (C’s solicitor must file certificate of service after at court within 21 days of service)
