SGS 1

Question 1

What methods are used to issue proceedings?

Answer 1

• Standard procedure under CPR 7

Question 2

How are proceedings commenced?

Answer 2

Proceedings are started when the court issues a claim form at the request of the claimant (CPR 7.2 (1), subject to 7APD 5.1 & 5.2

Its is important to know exactly when proceedings commenced as they must be commenced within the limitation period.

The claims form is the first statement of case and is prepared by the client, it is usually form N1.

Question 3

Under which CPR are the rules of issue of proceedings in?

Answer 3

Standard procedure is under CPR 7

Question 4

In the CPR, where are the rules relating to the contents of the claim form found?

Answer 4

CPR 16.2

• HIGHLIGHT

16.2(1)(b)
16.2(5)
16.4(2)
16.3
16.3(2))
16.3(2)(a)
CPR 16.3(2)(c
)CPR 16.3(5) s

Question 5

What is a particulars of claim?

Where are the rules for particulars of claims held?

Answer 5

CPR 16

The particulars of claim is the document in which the claimant sets out its case in detail. The particulars of claim must cover every element of the claimant’s claim, i.e. duty, breach, causation and loss

Question 6

What is a statement of truth? Where are the rules for this?

Answer 6

CPR 22

A statement of truth confirms that the person making the statement has an honest belief in the accuracy of its content. A list of documents requiring a statement
of truth is at CPR 22.1(1).

A person who makes a false statement in a document verified by a statement of truth could be the subject of proceedings for contempt of court (CPR 32.14(1)).

Question 7

Parties - what rule deals with children/protected parties?

Answer 7

CPR 21

21PD 1.1 and 1.2 provide examples of how children and protected parties should be referred to in the title to proceedings:

Question 8

Issuing the claim form

Answer 8

The claimant’s solicitors must take or send the following to court:

1. Copies of the claim form to be issued and sealed:
   a) one copy of the completed claim form to be kept on the court file;
   b) one copy for every defendant; and
   c) one copy for the claimant to keep on its own file.
2. Court fee.

Question 9

Service of the claim form

Answer 9

Once the claim form has been issued, it must be served on the defendant within four months of issue CPR 7.5(1) (or within six months if it is to be served out of
the jurisdiction: CPR 7.5(2))

If it is not possible to serve within this time limit,
the claimant may apply for an extension under CPR 7.6 (although this is not easy to obtain because the rules are very strict)

Question 10

What rule deals with service?

Answer 10

CPR 6 deals with service in detail and is accompanied by 6APD (service within the United Kingdom) and 6BPD (service out of the jurisdiction).

Question 11

Where can you find the methods of service recognised as valid?

Answer 11

CPR 6.3 lists various permitted methods of serving the claim form:

 personally by the claimant
 delivering or leaving the document at a permitted address
 by first class post
 by fax
 by document exchange (DX)
 by any electronic method (e.g. email)

If it is not listed, service may be invalid and the claimant may be unable to obtain judgment or enforce
any judgment obtained

Question 12

Late service of a claim form

Answer 12

A claim form must generally be served within four months of issue.

The rules on curing irregularities (CPR 6.15, 7.6 and 3.10) may be used if necessary.

Question 13

What rule deals with the court may permit service by an alternative method?

Answer 13

CPR 6.15

The court may permit service by an alternative method if there is good reason to do so.

An application must be made to court setting out why service in accordance with the methods listed in the CPR are not possible or why attempts to serve in accordance with these methods have been unsuccessful. The application should state the alternative method proposed.

Question 14

What rule deals with deemed date of service for the CLAIM form?

Answer 14

CPR 6.14

The rule for working out the deemed date of service of the claim form is at CPR 6.14 which states that a claim form is deemed served on the second business
day after completion of the relevant step in CPR 7.5.

Question 15

What rule deals with deemed date of service for the other documents?

Answer 15

CPR 6.26 - they vary depending on the method used

Question 16

Address for service?

Answer 16

Under CPR 6.6(2) the claimant must include in the claim
form an address at which the defendant may be served.

Where a solicitor is acting for the party, the address for service is the business address of the solicitor as long as the solicitor has been authorised to accept service - CPR 6.7

If there is no address for service given and there is no solicitor acting, service must be effected according to rules set out in CPR 6.9. In these circumstances,
the general rule is that the claim form must be left at or posted to the defendant’s usual or last known residence or principal or last known place of business.

Service will then be assumed to be ‘good’ service, and the defendant cannot argue that service has not been properly effected, even if the claim form did not,
in fact, come to its knowledge.

Question 17

Who serves the claim form?

Answer 17

Under CPR 6.4, a claim form may be served either by the court or by the
claimant’s solicitor.

Question 18

What must be served with the claim form (what rule is this found in?

Answer 18

CPR 7.8(1)

Whether the claim form needs to be accompanied by these documents depends on whether the particulars of claim is being served with the claim form or not.
If the particulars of claim is contained in or served with the claim form, you must serve the following documents (CPR 7.8(1))

1. claim form;
2. particulars of claim; and
3. response pack (Form N9) containing:
   a) form for admission;
   b) form for defending; and
   c) form for acknowledging service.

Where the particulars of claim are to follow, you should serve only the claim form: the response pack will be served later, with the particulars of claim

Question 19

When does a defendant have respond to a claims form?

Answer 19

Once the defendant has been served with the particulars of claim, the defendant’s time to respond starts running. (CPR 9.1)

The defendant must then respond in one of three ways within 14 days of deemed service of the particulars of claim:

1. admit part or all of the claim;
2. file a defence; or
3. file an acknowledgment of service (this will give the defendant longer to
   prepare its defence). (CPR 9.2)

Question 20

What rule covers admissions for a defendant? (response to claims form)

Answer 20

CPR 14.

The permission of the court is required to amend or withdraw an admission (14 PD 7).

Question 21

What rule covers defence for a defendant? (response to claims form)

Answer 21

CPR 15.6

Question 22

What rule covers acknowledgement of service for a defendant? (response to claims form)

Answer 22

CPR 10

The filing of an acknowledgment of service extends the time for filing a defence, as set out in CPR 15.4

Question 23

What if the defendant cannot serve the defence in time?

Answer 23

The defendant’s and the claimant’s solicitors can agree an extension of time for serving the defence of up to 28 days (CPR 15.5).

This means that it is possible for the defendant to have up to 56 days from the deemed date of service of the particulars of claim to file the defence without having to apply to the court for permission to extend the time for service.

If an extension of time is agreed, the court must be notified in writing.