Initiating Claim

Question 1

What is included in a statement of case

Answer 1

Claim form
Particulars of claim
Defences
Counter claim and replies

Question 2

What does a statement of case do

Answer 2

Defines issues in dispute

Question 3

What does the claim form do

Answer 3

Begins legal proceedings

Question 4

What must the particulars of claim include

Answer 4

All points that C seeks to prove to establish the liability of D

Question 5

How long does C have to serve particulars of claim

Answer 5

At same time as claim form or within 14 days of claim form and 4 months of date of issue of claim form

Question 6

Which part of the CPR deals with counter claims

Answer 6

Part 20 CPR

Question 7

When should D file particulars of counter claim

Answer 7

With the defence otherwise permission from court is needed

Question 8

How long does C have to reply to counter claims and defence

Answer 8

14 days otherwise D can apply for default judgement

Question 9

How do you know when the documents were served

Answer 9

Deemed dates of service in CPR

Question 10

What is the deemed date of service for personal service

Answer 10

If before 4.30pm on a business day then that day otherwise the next business day

Question 11

Deemed date of service for first class / next day post

Answer 11

2 days after it was posted if that is a business day, otherwise the next business day

Question 12

Deemed date of service when left at permitted address

Answer 12

That day if left before 4.30pm on business day otherwise next business day

Question 13

Deemed date of service for document exchange

Answer 13

2 days after it was left or collected by provider if business day otherwise the next business day

Question 14

Deemed date of service for fax

Answer 14

If transmission complete before 4.30pm on business day then that day otherwise next business day

Question 15

Deemed date of service for electronic methods

Answer 15

If sent before 4.30pm on a business day then that day otherwise next business day

Question 16

When D receives a particulars of claim what are the options

Answer 16

1 admit it (or partially then 15 days for C to reply)

2 A of S within 14 days of P of C and defence within 28 days of P of C. If A of S is filed but no defence then C can get default judgement

3 defence within 14 days of P of C

4 nothing. C gets default judgement

Question 17

What happens when C requests a default judgement for a specific amount

Answer 17

C files form N205 or N225
Court enters final judgement and sends copies to C and D
Enforce judgement immediately

Question 18

What happens when C requests default judgement for unspecified amount

Answer 18

C files N205B or N227
Court enters interim judgement copies sent to C and D
Disposal hearing to decide amount
Enforce judgement

Question 19

What must C satisfy the court of to obtain a default judgement

Answer 19

Particulars served on D
D did not serve A of S or defence and deadline has passed
D has not satisfied the claim
D has not admitted liability for full amount

Question 20

Can C claim interest when applying for a default judgement

Answer 20

Yes up to date of judgement if P of C included it and request for judgement includes calculation

Question 21

How much interest can C claim when applying for default judgement

Answer 21

8% for non commercial cases

1% above base rate for commercial cases

Question 22

Who pays the costs of a default judgement if it is set aside

Answer 22

If set aside on mandatory grounds the C pays

If set aside on discretionary grounds the D pays

Question 23

Reasons a court will set aside a default judgement

Answer 23

Mandatory- wrongly entered before deadline
Mandatory - entered after claim was paid in full

Discretionary- D has real prospect of successfully defending claim
Discretionary- other good reasons to cash or set it aside
Court will consider Ds promptness in applying to set aside judgement

Question 24

What to do with a claim started in CC which is only for an amount of money

Answer 24

Send to CC Money Claims Centre

PD7A para 4

Question 25

Which CC should be used

Answer 25

If a hearing is needed then Ds home but if not then can used any CC

Question 26

If C has choice between HC and CC claim should be started in HC if…

Answer 26

Value of claim is in dispute
Complex facts, legal issues, remedies or procedure
Outcome is of public importance
C believes it required a HC judge

Question 27

Which practice direction determines if a case should be started in HC

Answer 27

PD7A para 2.4

Question 28

Where should contract and tort cases be heard

Answer 28

Can be either HC or CC but generally a claim for damages for breach of contract or should should commence in QBD HC

Question 29

What does the chancery court deal with

Answer 29

Trusts 
Contentious probate 
Business partnerships 
Land
Landlord and tenant

Question 30

Which part of the CPR deals with powers of HC/CC to send matters to each other

Answer 30

Part 30 CPR

Question 31

When do proceedings commence

Answer 31

When claim form is sealed by court. This is when the claim form is issued

Question 32

Claim form must say how much is claimed. What are the bands available to select from

Answer 32

Less than 10k
10k - 25 k
Above 25 k

Also state solicitors costs
If HC also state if more than 100k

C must determine if claim contains HR issues