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CPR FLASHCARDS 2024 > Filing a Part 7 Claim > Flashcards

Filing a Part 7 Claim Flashcards

1
Q

Where must claims against Welsh public bodies be issued?

A

In Wales

Claims challenging the lawfulness of decisions must be forwarded for issue in Wales.

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2
Q

How are proceedings started according to rule 7.2?

A

When the court issues a claim form at the request of the claimant

This marks the initiation of legal proceedings.

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3
Q

What is the significance of the date entered on the claim form?

A

It is the date on which the claim form is issued by the court

This date is crucial for determining the timeline of proceedings.

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4
Q

What must a person do if they seek a remedy from the court before proceedings are started?

A

Make an application under Part 23

This applies to matters relating to proceedings in another jurisdiction.

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5
Q

What does Part 16 set out regarding the claim form?

A

What the claim form must include

This ensures that all necessary information is provided in the claim.

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6
Q

What does the new rule introduce regarding the claim form?

A

A single form of originating process for all claims in the High Court and county court

This simplifies the process but is somewhat diluted by Pt 8 regarding alternative procedures.

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7
Q

What is the role of the court’s powers in managing the convenience of trials?

A

The court can order separate trials to mitigate inconvenience.

This is referenced in rules 3.1(2)(e) and related provisions.

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8
Q

What does the expression ‘disposed of’ include in the context of claims?

A

‘Disposed of’ includes the pre-trial process generally.

This broad interpretation may lead to additional inconvenience concerns.

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9
Q

In which cases did the court find that the convenient disposal test was conclusively failed?

A
  • Abbott v Ministry of Defence (1991)
  • Thurrock Council v Stokes (2022)

Both cases involved extreme attempts to consolidate claims or sue multiple defendants in one action.

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10
Q

What must be included in the particulars of claim?

A

Particulars of claim must be contained in or served with the claim form.

This is stipulated in the relevant procedural rules.

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11
Q

What is the time frame for serving particulars of claim after serving the claim form?

A

Particulars of claim must be served within 14 days after service of the claim form.

This is subject to specific procedural rules.

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12
Q

What is required after the claimant serves particulars of claim on the defendant?

A

The claimant must file a copy of the particulars within 7 days of service on the defendant.

This filing must occur unless a copy has already been filed.

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13
Q

True or False: The rules concerning particulars of claim have remained unchanged since their enactment.

A

False. The rules have been amended multiple times.

Amendments include the Civil Procedure (Amendment) Rules 2000, 2008, and others up to 2023.

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14
Q

What is the significance of rules 7.3.5 and 7.5 in the context of claims?

A

They outline the requirements for serving particulars of claim and the latest time for serving a claim form.

Rule 7.5 specifies the latest time for serving a claim form.

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15
Q

What is the time frame for serving the claim form on the defendant by the claimant?

A

14 days after the claim form is served

This is a critical requirement in civil proceedings.

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16
Q

According to Rule 7.4(1)(b), when must particulars of claim be served?

A

No later than the latest time for serving the claim form

This rule emphasizes the importance of timely service.

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17
Q

What happens if the particulars of claim are served separately after the claim form time limit?

A

They are served out of time if served after the latest time for serving the claim form

This is illustrated by the case Venulum Property Investments Ltd v Space Architecture Ltd.

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18
Q

What is the latest time for serving the claim form if it is served on 20 May?

A

30 May

This establishes a strict deadline for service.

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19
Q

True or False: A claimant can serve particulars of claim after the claim form has been served without any restrictions.

A

False

There are specific rules governing the timing of service.

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20
Q

Can an application for an extension of time for service be made after the time limit?

A

Application can be made before or after the expiry of the relevant time limit but is best made before.

This is governed by the relief from sanctions framework.

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21
Q

Fill in the blank: The time limits for the separate service of particulars of claim do not apply to all civil proceedings to which the _______ apply.

A

CPR

Different limits are established for specific types of claims.

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22
Q

What must be served with the claim form in possession claims under Part 55?

A

Particulars of claim

This ensures that all necessary information is provided at the outset.

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23
Q

What is the deadline for completing the step required for service after issuing the claim form?

A

Before 12.00 midnight on the calendar day four months after the date of issue

This is a crucial timeline for compliance.

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24
Q

What are the two methods of service mentioned that require specific steps to be completed?

A
  • First class post
  • Document exchange

These methods have specific rules regarding their execution.

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25
Q

In the context of service of documents, what does ‘deemed to be served’ refer to?

A

A claim form served in accordance with Part 6 is deemed to be served on the second business day after completion of the latest time

This impacts the timing of legal proceedings.

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26
Q

What is the time frame for serving a claim form outside the jurisdiction?

A

The claim form must be served within 6 months.

This is governed by Section IV of Part 6.

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27
Q

What must a claimant do before midnight on the calendar day four months after the date of issue of the claim form?

A

The claimant must complete the step required for service.

This is outlined in Rule 7.5.

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28
Q

In which case was it established that service in Scotland or Northern Ireland is considered ‘out of the jurisdiction’?

A

Brightside Group Ltd v RSM UK Audit [2017] EWHC 6 (Comm).

This case clarifies the jurisdictional boundaries for service.

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29
Q

What is required for service outside the limitation period according to Kennedy v National Trust for Scotland?

A

The actual date of service must be on the last day of validity of the claim form.

The court concluded that otherwise, it would require a counter-factual history.

30
Q

What type of claim form must be served according to the rules?

A

A sealed claim form must be served, not an unsealed one.

This was emphasized in Jdeal Shopping Direct Ltd v Mastercard Inc [2022] EWCA Civ 14.

31
Q

What is the required step for personal service on an individual?

A

Leaving the claim form with that individual.

This is part of the steps outlined in the table below Rule 7.5.

32
Q

What does the step required for postal service include?

A

Posting, leaving with, delivering to, or collecting by the relevant postal service provider.

This is the dispatching of the claim form.

33
Q

How is compliance with Rule 7.5 determined for fax service?

A

By asking whether the required step of completing the transmission was completed.

This approach was adopted after 1 October 2008.

34
Q

What is the deemed service rule for methods such as post, DX, fax, or email?

A

A claim form is deemed to be served on the second business day after completion of the relevant step.

This is outlined in Rule 6.14.

35
Q

True or False: The four-month period for completing service steps refers to the deemed day for service.

A

False.

The focus is on whether the required step was completed within the four-month period.

36
Q

Fill in the blank: The rule that requires the claimant to complete the step required for service is Rule _______.

A

7.5

37
Q

What must the defendant do after receiving a notice under Rule 7.8?

A

Acknowledge service of the particulars of claim

The defendant must acknowledge service of the particulars of claim, not the claim form itself.

38
Q

What documents must accompany the particulars of claim when served on a defendant?

A
  • A form for defending the claim
  • A form for admitting the claim
  • A form for acknowledging service

These forms are essential for the defendant to properly respond to the claim.

39
Q

What happens if a claimant fails to enclose the response pack with the claim form?

A

It is considered a technical error that does not justify a strike out

This was established in the case of Hanigan v Hannigan [2000] 2 FCR 650, CA.

40
Q

Under Rule 7.9, what may a practice direction set out regarding fixed date hearings?

A
  • Circumstances for granting a fixed date
  • Specific claim forms for certain claims
  • Disapplication or modification of rules for these claims

Fixed date actions often involve claims that require a court trial but do not need extensive pre-trial procedures.

41
Q

What types of claims may receive a fixed hearing date immediately upon issue?

A
  • Mortgage possession actions
  • Rent possession actions
  • Claims for the return of goods
  • Some claims for the recovery of taxes and duties

These claims are typically straightforward and do not require extensive pre-trial procedures.

42
Q

True or False: The particulars of claim can be served separately from the claim form.

A

True

Rule 7.8 allows for the particulars of claim to be served with the claim form or separately.

43
Q

Fill in the blank: A claimant must serve a _______ for acknowledging service with the particulars of claim.

A

[form]

This is a requirement under Rule 7.8.

44
Q

What is the consequence of a claimant’s failure to comply with Rule 7.8(1)?

A

It is a relevant factor in considering whether a default judgment should be set aside

This is outlined under Rule 13.3(1)(b).

45
Q

What does Rule 7.8 require in addition to service of the particulars of claim?

A
  • Service of a form for acknowledging service
  • Service of a form for defending the claim
  • Service of a form for admitting the claim

This ensures that the defendant has all necessary documentation to respond.

46
Q

What is the better practice when applying to extend or renew a writ under RSCE?

A

To extend or renew a summons under CCR7 r.20(2)

An affidavit is not a strict requirement, but it is better to have evidence recorded.

47
Q

What must an application for an extension be supported by?

A

Evidence

The rules do not specify the required evidence, but it should be a written statement or affidavit.

48
Q

In Hashtroodi v Hancock, what was the reason for granting an extension to serve the claim form?

A

The claim form was put in the DX but never arrived

The extension was granted despite a one-day delay before the expiry of the deadline.

49
Q

True or False: An extension of time for service of the claim form can be granted without a valid reason.

A

False

A valid reason must be advanced for the application to be successful.

50
Q

What did Mason v First Leisure Corp Plc decide regarding the service of a claim form?

A

It would be difficult to set aside service of a claim form when an extension had been granted

This is applicable if there is no prejudice to the defendant.

51
Q

What is required for parties to agree to extend the time for service of the claim form?

A

The agreement must be to a specific date and in writing

This can be through documents exchanged between the parties, including emails.

52
Q

What should be noted about the particulars of claim in relation to the claim form?

A

They need not be indorsed on the claim form and can be served subsequently

This is stated in rule 7.4.

53
Q

Fill in the blank: A party who has served the claim form but has failed to apply for an extension of time for service of the particulars may find it ________ to pursue the application successfully.

A

more difficult

The difficulty is due to amendments in rule 3.9 from April 2013.

54
Q

What did the court hold in Stoute v LTA Operations Ltd regarding applications for extensions?

A

The court considered the position regarding time limits for service of particulars of claim

This indicates the strict approach the court may take in such applications.

55
Q

What is the implication of failing to serve particulars of claim within the time limit?

A

The court may exercise its discretionary power to extend time for compliance

However, such applications are more challenging after the time limit has expired.

56
Q

What is the significance of r.6.4(1)(b) in the context of issuing claim forms?

A

It allows the claim form to be issued but returned unserved if service is inadvertently made.

57
Q

What did the Court of Appeal determine regarding service of the claim form in error?

A

Service amounted to an ‘error of procedure’ and was considered validly served.

58
Q

What is the role of Underhill LJ’s observation in the context of tactical and procedural prejudice?

A

It supports the view that the appropriate order is to extend time for service of particulars of claim.

59
Q

Fill in the blank: If the claimant suffers tactical prejudice, the damage will have been done whether or not it is a _______.

A

nullity

60
Q

What happens if an extension is not granted after the claim form’s service period has expired?

A

The claimant may bring a fresh claim under certain conditions, especially if relying on s.33 of the Limitation Act 1980.

61
Q

In the case of A tas Adepta and Dixie v British Polythene Industries Ple, why were the fresh claims appealed?

A

They were appealed due to the striking out of claims resulting from a negligent failure to serve in time.

62
Q

True or False: A mere negligent failure to serve a claim form in time is considered an abuse of process.

A

False

63
Q

What must occur for a failure to be classified as an abuse of process?

A

It requires something more than a single negligent oversight in timely service.

64
Q

List the types of delays that could be considered abuse of process.

A
  • Inordinate delay
  • Inexcusable delay
  • Wholesale disregard of the rules
65
Q

What can a defendant do if a claim form has been issued but not served?

A

The defendant may serve a notice requiring the claimant to serve the claim form or discontinue the claim.

66
Q

What happens if the claimant fails to comply with the notice served by the defendant?

A

The court may dismiss the claim or make any order it thinks just.

67
Q

What is the time limit for serving a claim form as per r.7.5?

A

The claim form must be served within the time limits imposed by r.7.5 unless extended under r.7.6.

68
Q

What was the outcome of the procedural change regarding acknowledgment of service before 1979?

A

The process of ‘acknowledgment of service’ replaced ‘entry of appearance’, eliminating ‘appearance gratis’.

69
Q

Fill in the blank: After 1979, there was no such thing as ‘acknowledgment of service _______’.

A

gratis

70
Q

What legal change occurred in 1987 regarding RSC?

A

RSC were amended to include provisions derived from the current r.7.7.

71
Q

What does r.7.7 state regarding the service of claim forms?

A

It allows for service by the claimant or by the court within specified time limits.

72
Q

What was the practical application of the provision regarding service of claim forms expected to be?

A

Its practical application is expected to be rare.

CPR FLASHCARDS 2024 (9 decks)

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