SA6 Commencing Proceedings

Question 1

How long for service of a CF within E&W?

Answer 1

4 months

Question 2

How long for service of a CF outside E&W jurisdiction?

Answer 2

6 months

Question 3

What determines the date on which a CF is issued?

Answer 3

The date entered on the form by the court.

Question 4

When is a Part 7 CF appropriate?

Answer 4

Issues where there is a substantial dispute of fact (most claims).

Question 5

When is a Part 8 CF appropriate?

Answer 5

a) Where an issue is unlikely to involve a substantial dispute of fact
b) Where there is a compromise by/on behalf of a child or other protected party.

Question 6

What happens if D does not file an acknowledgement of service of the CF?

Answer 6

D may attend the hearing of the claim but may not take part in the hearing unless the court gives permission.

Question 7

What must C file alongside their CF?

Answer 7

Any written evidence on which they seek to rely.

Question 8

What must D file alongside their defence? What else must they do with it?

Answer 8

Any written evidence on which they seek to rely.
Serve it on the other parties.

Question 9

Under what conditions may C rely on the matters set out in the claim form as evidence?

Answer 9

If the claim form is verified by a statement of truth.

Question 10

Which track should Part 8 claims be treated as being allocated to?

Answer 10

Multi-track.

Question 11

What means of service does the court use to serve the CF?

Answer 11

1st class post to the address for D given by C.

Question 12

What forms of post are acceptable for the service of a CF?

Answer 12

a) First class post.
b) Any other service (such as using recorded delivery post) that provides for delivery on the next business day.

Question 13

Apart from service by post, what other means of service are acceptable for the CF?

Answer 13

a) Can leave at D’s address.
b) Service by Document Exchange (DX) where the address of service/writing paper of party includes a numbered box at DX.
c) Service by fax/email/other electronic means, where party/solicitor of receiving party have indicated in writing (including on writing paper) they are willing to accept by these means & have provided e-address.

Question 14

When is a CF deemed to be served?

Answer 14

The second business day after the completion of the relevant step.

Question 15

Test for extending the period for service of a CF within the 4-month period.

Answer 15

There must be a good reason for inability to serve in time.

Court will look at:
a) The OO.

b) All the circumstances, including the pre-action conduct of the parties.

c) Whether C waited until the end of the period of limitation to issue CF.

d) If extension would deprive D of limitation defence.

If there is good reason, court will balance hardship.

Where there is no good reason, the court still has discretion to do so but unlikely it will.

Question 16

Test for extending the period for service of a CF outside of the 4-month period.

Answer 16

Only if

a) COURT has failed to serve CF.
OR
b) Party has taken all reasonable steps to serve within period but has failed to do so.

C must satisfy the court that it has been prompt in bringing the application for extension.

Question 17

What must C do within 7 days of serving POC on D?

Answer 17

File a copy of the POC (unless a copy has already been filed).

Question 18

If both the HC and CC have jurisdiction of a certain proceedings, where should the claim be started?

Answer 18

In the HC or CC.

Question 19

What is the monetary threshold for a claim to start in the HC?

Answer 19

£100,000

Question 20

What is the monetary threshold for a claim to start in the HC in relation to damages for PI?

Answer 20

£50,000

Question 21

If D is an:

a) Individual
b) Individual being sued in the name of a business.
c) Individual being sued in the business name of a partnership.

Where should the CF be served?

Answer 21

Usual or last known residence of the individual or principal/last known place of business.

Where C has reason to believe D no longer resides/carries on business at addresses above, C must take reasonable steps to ascertain the address of D’s current address.

Question 22

If D is an:

a) LLP
b) Corporation within E&W.
c) Company registered within E&W.
d) Any other company.

Where should the CF be served?

Answer 22

Principal office, or any other place of business of the partnership within the jurisdiction which has a real connection with the claim.

Question 23

Under which circumstances can a CF be served by an alternative method/at an alternative address.

Answer 23

Where it appears to the court that there is a good reason to authorise service by a method or at a place not otherwise permitted by this Part, the court may make an order permitting service by an alternative method or at an alternative place.

Application for such an order must be supported by evidence, can be made without notice.

Question 24

Where must a document which would be served on a child/protected party be served?

Answer 24

On their litigation friend.

Question 25

If a document (other than a CF), is served by First Class/next day delivery Post, what is its deemed date of service?

Answer 25

The second day after it was posted (if that’s a business day, otherwise the next business day after that).

Question 26

If a document (other than a CF), is served by DX, what is its deemed date of service?

Answer 26

The second day after it was posted (if that’s a business day, otherwise the next business day after that).

Question 27

If a document (other than a CF), is served by DX, what is its deemed date of service?

Answer 27

The second day after it was collected by the relevant service provider (if that’s a business day, otherwise the next business day after that).

Question 28

If a document (other than a CF), is served by fax/email, what is its deemed date of service?

Answer 28

That day, if sent before 16:30 on a business day.

If after 16:30, the next business day.

Question 29

What is the relevant procedure where D objects to the use of the Part 8 procedure?

Answer 29

Where D contends that the Part 8 procedure should not be used because—
a) there is a substantial dispute of fact; and

b) the use of the Part 8 procedure is not required/permitted by a rule or PD
he must state his reasons when he files his acknowledgment of service.

When the court receives the acknowledgment of service and any written evidence it will give directions as to the future management of the case.