SA6 Commencing Proceedings Flashcards
How long for service of a CF within E&W?
4 months
How long for service of a CF outside E&W jurisdiction?
6 months
What determines the date on which a CF is issued?
The date entered on the form by the court.
When is a Part 7 CF appropriate?
Issues where there is a substantial dispute of fact (most claims).
When is a Part 8 CF appropriate?
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.
What happens if D does not file an acknowledgement of service of the CF?
D may attend the hearing of the claim but may not take part in the hearing unless the court gives permission.
What must C file alongside their CF?
Any written evidence on which they seek to rely.
What must D file alongside their defence? What else must they do with it?
Any written evidence on which they seek to rely.
Serve it on the other parties.
Under what conditions may C rely on the matters set out in the claim form as evidence?
If the claim form is verified by a statement of truth.
Which track should Part 8 claims be treated as being allocated to?
Multi-track.
What means of service does the court use to serve the CF?
1st class post to the address for D given by C.
What forms of post are acceptable for the service of a CF?
a) First class post.
b) Any other service (such as using recorded delivery post) that provides for delivery on the next business day.
Apart from service by post, what other means of service are acceptable for the CF?
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.
When is a CF deemed to be served?
The second business day after the completion of the relevant step.
Test for extending the period for service of a CF within the 4-month period.
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.
Test for extending the period for service of a CF outside of the 4-month period.
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.
What must C do within 7 days of serving POC on D?
File a copy of the POC (unless a copy has already been filed).
If both the HC and CC have jurisdiction of a certain proceedings, where should the claim be started?
In the HC or CC.
What is the monetary threshold for a claim to start in the HC?
£100,000
What is the monetary threshold for a claim to start in the HC in relation to damages for PI?
£50,000
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?
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.
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?
Principal office, or any other place of business of the partnership within the jurisdiction which has a real connection with the claim.
Under which circumstances can a CF be served by an alternative method/at an alternative address.
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.
Where must a document which would be served on a child/protected party be served?
On their litigation friend.
