Mocks revision

Question 1

What is the letter of claim?

Answer 1

• It sets out the claimant’s case.
• Sets out how the claimant believes the defendant owed the claimant a duty which was breached and caused the claimant a loss

If the case does not settle, then it is likely that the particulars of claim will contain very similar information to that contained in the letter of claim.

Question 2

What is the effect of the court sealing the claim form?

Answer 2

When the court seals the claim form, it starts (‘issues’) proceedings.

It stops the limitation period running.

It allows the parties to work out whether or not proceedings have been brought in time.

Question 3

What is the time limit of serving a claim form and particulars of claim on the defendant?

Answer 3

CPR 7.5 and CPR 7.4(2)

By midnight on the calendar day four months after the date of issue of the claim form.

Question 4

Where can you find the rules of claim forms?

Answer 4

CPR 6.14 and 7.5(1)

Question 5

What can the claimant do if the defendant does not respond in time to the claim form and particulars of claim?

Answer 5

The claimant can submit a request for judgment in default under CPR 12.3 if the defendant has not filed an acknowledgment of service or a defence to the claim in time.

Question 6

What are the factors that the court would consider to set aside a judgement in default?

Answer 6

CPR 13.3
The court may set aside a judgement in default if the defendant has a real prospect of successfully defending the claim or it appears to the court there is some other good reason why the judgement should be set aside or the defendant be allowed to defend the claim.