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Civil Litigation > Pre Action And Starting A Claim > Flashcards

Pre Action And Starting A Claim Flashcards

1
Q

What are pre-action protocols?

A

Pre-action protocols are procedures set out for different types of disputes, aiming to encourage parties to resolve issues without court involvement.

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2
Q

What is the purpose of the Practice Direction on Pre-Action Conduct?

A

The Practice Direction sets a standard of behavior for parties in all cases, expecting them to follow reasonable procedures suitable to their circumstances.

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3
Q

What should parties do to avoid court proceedings?

A

Parties should act reasonably in exchanging documents and information to avoid the necessity of commencing court proceedings.

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4
Q

What happens if a specific pre-action protocol conflicts with the Practice Direction?

A

If a specific pre-action protocol applies, its provisions will take priority over the Practice Direction.

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5
Q

What is the aim of pre-action protocols?

A

The aim is to encourage a ‘cards on the table’ approach, focusing on resolving disputes without involving the courts.

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6
Q

What should a defendant do if they intend to admit liability?

A

A defendant should admit liability early and clearly.

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7
Q

What are the consequences of non-compliance with pre-action protocols?

A

Consequences may include increased costs or interest, and the court may stay proceedings until compliance is achieved.

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8
Q

Under what circumstances may non-compliance with pre-action requirements be justified?

A

Non-compliance may be justified if a limitation period is about to expire or if urgent proceedings are necessary.

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9
Q

What does the Pre-action Protocol for Personal Injury Claims require from the claimant?

A

The claimant should write a Letter of Notification and a Letter of Claim, and consider rehabilitation needs.

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10
Q

What is the timeline for the defendant’s response to a Letter of Claim?

A

The defendant must acknowledge the Letter of Claim within 21 days and send a full Letter of Response within 3 months.

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11
Q

What is required in the response letter from the defendant?

A

The response letter must either accept the claim or reject it, providing reasons for the rejection.

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12
Q

What must be disclosed during the pre-action protocol process?

A

Parties should disclose key documents and engage in negotiations to propose settlements.

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13
Q

What is the significance of the claim form’s date of issue?

A

The date of issue stops time running for limitation purposes and starts the clock for serving the claim form.

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14
Q

What are the two principal types of civil court in England and Wales?

A

The two principal types are the High Court and the County Court.

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15
Q

What is the jurisdiction rule for claims over £100,000?

A

Claims over £100,000 may be commenced in either the High Court or the County Court.

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16
Q

What must be included when issuing a claim at court?

A

Copies of the claim form (Form N1) and the court issue fee must be submitted.

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17
Q

How can some County Court money claims be issued online?

A

Through ‘Money Claim Online’, which allows claims up to £100,000 against no more than two defendants.

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18
Q

What are the methods of serving the claim form?

A

Methods include personal service, leaving the document at a permitted address, and first class post.

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19
Q

What must a claimant do if they choose to serve the claim form themselves?

A

They must notify the court and file a certificate of service within 21 days.

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20
Q

What happens if a claim form is not recognised as valid by the CPR?

A

Service may be invalid, and the claimant may be unable to obtain or enforce any judgment.

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21
Q

What are the methods of serving the claim form?

A
  1. Personally on the defendant
  2. Leaving the document at a permitted address
  3. First class post
  4. Document exchange (DX)
  5. Fax (if accepted)
  6. Other electronic method (e.g., email, if accepted)
  7. Any other method authorised by the court.
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22
Q

What is a permitted address for serving documents?

A

An address where the defendant resides or carries on business within the UK, or a solicitor’s address if provided in writing.

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23
Q

When must a claim be served?

A

The claim form must be served before 12.00 midnight on the calendar day four months after the date of issue.

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24
Q

What happens if a claim form is not served within the four-month period?

A

The claim will fail automatically, and the claimant must issue a new claim and pay the court fee again.

25
Q

What are the conditions for extending the time for serving a claim?

A

The application must be made within the four-month period, showing good reasons. Waiting for evidence or responses is unlikely to justify an extension.

26
Q

What must be included when serving particulars of claim?

A

Particulars of claim can be included within the claim form or served separately within 14 days of service of the claim form.

27
Q

What is the response pack?

A

The response pack (Form N9) contains forms for admission, defending, and acknowledging service.

28
Q

What are the methods for serving documents other than the claim form?

A
  1. Personal service
  2. Delivering to or leaving at a permitted address
  3. First class post / document exchange (DX)
  4. Fax or other electronic method (e.g., email).
29
Q

What is the deemed date of service?

A

The date the court considers a document to have been served, irrespective of when it was actually received.

30
Q

When is a claim form deemed served?

A

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

31
Q

What are the deemed dates of service for instant methods?

A

If done before 4.30pm on a business day: deemed served the same day; otherwise, deemed served the next business day.

32
Q

What are the deemed dates of service for non-instant methods?

A

Deemed served second day after posting/giving to DX provider, if a business day; otherwise, deemed served the next business day.

33
Q

What is the purpose of statements of case?

A

To inform parties of each other’s case, identify points of dispute, and provide a concise statement for the judge.

34
Q

What are the main statements of case in defended actions?

A
  1. The claim form
  2. The particulars of claim
  3. The defence.
35
Q

What must every statement of case include?

A

Numbered paragraphs, consecutively numbered pages, all numbers and dates in figures, references to documents, the drafter’s name, and a statement of truth.

36
Q

What is a statement of truth?

A

A formal confirmation that the document’s contents are true, which can lead to contempt of court proceedings if false.

37
Q

What is the purpose of the claim form?

A

To commence proceedings and set out key elements of the claim, including the identity of the parties.

38
Q

What must the claim form contain?

A

Names of the parties, their addresses, and brief details of the claim, including the remedy sought.

39
Q

How should the value of a claim be stated?

A

The claim form must include a statement of the amount claimed, which can be specified or described in ranges.

40
Q

What is required in personal injury claims regarding the amount expected to recover?

A

The claimant must state whether the amount for pain, suffering, and loss of amenity is or is not more than £1,500.

41
Q

What can a court give judgment for in a claim?

A

A court can give judgment for whatever amount (if any) it finds the claimant is entitled to (CPR 16.3(7)).

42
Q

In a personal injury claim, what must the claimant state regarding the amount for pain and suffering?

A

The claimant must state whether the amount expected to recover for pain, suffering, and loss of amenity is or is not more than £1,500.

43
Q

What must be included in a claim form if issued in the High Court?

A

A jurisdictional endorsement must be included in the claim form (CPR 16.3(5)).

44
Q

What must a claim form state if issued in the High Court for a money claim?

A

It must state that the claimant expects to recover more than £100,000 or that the claim is for personal injuries expecting £50,000 or more.

It must also specify if another enactment requires the claim to be commenced only in the High Court.

45
Q

What is the effect of the provisions for non-personal injury claims over £100,000 in the High Court?

A

The claim form must state the exact amount of the claim and that the claimant expects to recover more than £100,000 to comply with CPR 16.3(5).

46
Q

What should not be taken into account when calculating the claim value?

A

Interest, costs, counterclaims, set-off, contributory negligence, or state benefits under the Social Security (Recovery of Benefits) Act 1997.

47
Q

What does the claim form set out?

A

It sets out key elements of the claim, including the identity of the parties, brief details of the claim and remedy, a statement of the value of the claim, and a jurisdictional endorsement if the High Court is chosen.

48
Q

What are particulars of claim?

A

Particulars of claim set out the claimant’s case in full detail, including a concise statement of the facts on which the claimant relies (CPR 16.4(1)(a)).

49
Q

What must the particulars of claim include?

A

They must include all material facts and allegations that would entitle the claimant to the remedy sought, as well as background facts that assist in understanding the case.

50
Q

What is not the purpose of particulars of claim?

A

To set out law, evidence, or arguments; evidence is provided later, and law is argued by the advocate.

51
Q

What must be included in particulars of claim for personal injury claims?

A

The claimant’s date of birth, details of injuries, a schedule of past and future expenses/losses, and any relied-upon expert medical report (16 PD 4).

52
Q

What must be attached if the claim is based on a written agreement?

A

The written agreement must be attached, including any general conditions incorporated (16 PD 7.3).

53
Q

What should particulars of claim set out for oral agreements?

A

The particulars should set out the words spoken, by whom, to whom, when, and where (16 PD 7.4).

54
Q

What is the claimant’s right regarding interest?

A

A claimant has the right to claim interest on the principal amount being claimed to compensate for the delay in receiving the money due to them.

55
Q

What are the two ways of claiming interest?

A

Calculating the exact amount of interest claimed or pleading the interest generally.

56
Q

What happens if the claim is partly specified and partly unspecified?

A

You may treat the two claims separately or treat the whole claim as an unspecified claim.

57
Q

What principles apply to statutory interest claims?

A

The court has discretion over whether to award interest and how much, with certain rules for personal injury and debt claims.

58
Q

What does the structure of particulars of claim include?

A

It follows a logical structure setting out the facts supporting duty, breach, causation, and loss, and closes with a summary of the remedies sought.

Civil Litigation (9 decks)

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