Issuing and Serving Proceedings

Question 1

When does the limitation clock stop?

Answer 1

The limitation clock stops when the claimant delivers the claim form and corresponding fee to the court office for issue, even if the court office is closed.

The court then issues the claim by sealing the claim form.

Question 2

What action should a defendant take if disputing the jurisdiction of the court of E&W to hear a claim?

Answer 2

Acknowledgement of service should be filed, indicating that jurisdiction is disputed.
A separate application should be made to the court within 14 days.

Question 3

Which claims should be commenced in the County Court?

Answer 3

PI claims less than 50k.
Non-PI claims up to 100k.

> 100k does not necessarily mean the case has to be commenced in the HC. Consider value, complexity, importance to the public.

Question 4

Once proceedings are issued, when is the deadline for serving the claim form?

Answer 4

4 months in UK (after issue)
6 months outside of UK

Question 5

If POC are not included in the claim form, when must they be served by?

Answer 5

Within 14 days of the service of the claim form (within the 4 month/6 month period)

Question 6

When is the deemed service of the claim form?

Answer 6

Post/DX: second day after posting (if a business day), otherwise next business day

Instant method: before 4:30pm on business day - same day
Otherwise - next business day

Question 7

Rules on counting time:

Answer 7

-day on which period begins is not included
-day on which period ends is included, unless the period ends on an ‘event’
-periods of 5 days or less - do not count weekends