SGS 2 Flashcards
When do you use the High Court and when do you use the county court (value)?
Greater than 100,000 –> High Court
What do you do if there is a choice between where to bring the claim?
7APD 2.4 (should be commenced where it is most likely to be tried)
What is the value of a claim?
The financial worth
What CPR governs the transfer between courts?
CPR 30
What if a case is brought in the wrong court?
The claimants can be ordered to pay the cost of transfer. There may also be costs sanctions under s51SCA
How many copies of the claim form do you take to court?
number of defendants + 2
What is the relevant form for issuing a claim?
N1
What is the deemed date of issuing proceedings?
When the court seals the claim form
What happens once the claim form has been issued?
It is served on the defendant, either by the claimant or the court
How long do you have to serve the claim form from when it was issued?
Four months if within the jurisdiction, six months if outside (CPR 7.5 and 7.4(2))
How do you calculate a period of time of 14 days the end of which was not defined by an event
You would not leave one clear day at the end
How does your approach to counting time differ if you had a period of time of 5 days or less?
You don’t count weekends (CPR 2.8(4))
What type of document(s) do CPR 6.14 and 6.26 apply to?
6.14 to claim forms, 6.26 to other documents (e.g. if POC served separately)
What costs consquences are there of not complying with the PD - pre action conduct?
Para 13 - - taken into account in costs order
Para 16 - sanctions
What is the max value for a claim in the small claims track?
10,000
