Initiating Claim Flashcards
What is included in a statement of case
Claim form
Particulars of claim
Defences
Counter claim and replies
What does a statement of case do
Defines issues in dispute
What does the claim form do
Begins legal proceedings
What must the particulars of claim include
All points that C seeks to prove to establish the liability of D
How long does C have to serve particulars of claim
At same time as claim form or within 14 days of claim form and 4 months of date of issue of claim form
Which part of the CPR deals with counter claims
Part 20 CPR
When should D file particulars of counter claim
With the defence otherwise permission from court is needed
How long does C have to reply to counter claims and defence
14 days otherwise D can apply for default judgement
How do you know when the documents were served
Deemed dates of service in CPR
What is the deemed date of service for personal service
If before 4.30pm on a business day then that day otherwise the next business day
Deemed date of service for first class / next day post
2 days after it was posted if that is a business day, otherwise the next business day
Deemed date of service when left at permitted address
That day if left before 4.30pm on business day otherwise next business day
Deemed date of service for document exchange
2 days after it was left or collected by provider if business day otherwise the next business day
Deemed date of service for fax
If transmission complete before 4.30pm on business day then that day otherwise next business day
Deemed date of service for electronic methods
If sent before 4.30pm on a business day then that day otherwise next business day
When D receives a particulars of claim what are the options
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
What happens when C requests a default judgement for a specific amount
C files form N205 or N225
Court enters final judgement and sends copies to C and D
Enforce judgement immediately
What happens when C requests default judgement for unspecified amount
C files N205B or N227
Court enters interim judgement copies sent to C and D
Disposal hearing to decide amount
Enforce judgement
What must C satisfy the court of to obtain a default judgement
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
Can C claim interest when applying for a default judgement
Yes up to date of judgement if P of C included it and request for judgement includes calculation
How much interest can C claim when applying for default judgement
8% for non commercial cases
1% above base rate for commercial cases
Who pays the costs of a default judgement if it is set aside
If set aside on mandatory grounds the C pays
If set aside on discretionary grounds the D pays
Reasons a court will set aside a default judgement
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
What to do with a claim started in CC which is only for an amount of money
Send to CC Money Claims Centre
PD7A para 4
Which CC should be used
If a hearing is needed then Ds home but if not then can used any CC
If C has choice between HC and CC claim should be started in HC if…
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
Which practice direction determines if a case should be started in HC
PD7A para 2.4
Where should contract and tort cases be heard
Can be either HC or CC but generally a claim for damages for breach of contract or should should commence in QBD HC
What does the chancery court deal with
Trusts Contentious probate Business partnerships Land Landlord and tenant
Which part of the CPR deals with powers of HC/CC to send matters to each other
Part 30 CPR
When do proceedings commence
When claim form is sealed by court. This is when the claim form is issued
Claim form must say how much is claimed. What are the bands available to select from
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
