SGS 2 CPR Flashcards
What does CPR 15.4 say?
The general rule is that the period for filing a defence is
(a) 14 days after service of the particulars of claim
(b) if the defendant files an acknowledgement of service under Part 10, 28 days after service of the particulars of claim
What does Rule 7.4 provide?
The particulars of claim to be contained in or served with the claim form or served within 14 days of service of the claim form.
What are the 3 factors contained in Rule 7A PD 2.4
- financial value of the claim (How much the claimant expects to recover disregarding interest or costs or any counterclaim
- the complexity of facts, legal issues, remedies or procedures involved;
- The importance of the outcome of the claim to the public in general.
Which CPR rule say that the defendant has to file the particulars of claim 28 days after an acknowledgement of service?
CPR 15.4
What are the rules for claim forms?
CPRs 6.14 and 7.5(1)
What is the rule for all other documents?
CPR 6.26
Including:
- particulars of claim served separately
- acknowledgements of service
- defences
- other documents you will encounter later.
What are the five-step approach for counting time in litigation?
- What is the document which has been served?
- How has it been served?
- Work out deemed date of service.
- What is the next step and time limit?
- Count time to establish the deadline using CPR 2.8 to assist you counting time.
What does CPR 7.5(1) provide?
For a claim form (with or without particulars of claim attached) this will be the second business day after completion of the relevant step under 7.5(1).
Which rule talks about the clear days rule?
CPR 2.8(3)
It states:
In this rule ‘clear days’ means that in computing the number of days
(a) the day on which the period begins; and
(b) if the end of the period is defined by reference to an event, the day on which that event occurs are not included.
What does CPR 2.8(4) say?
If the period of time is 5 days or less do not count weekends - otherwise weekends are counted.
What does CPR 10.3(1)(a) say?
The general rule is that the period for filing an acknowledgement of service is, where the defendant is served with a claim form which states that particular of claim are to follow, 14 days after service of the particulars of claim.
What does CPR 13 say?
The court may set aside a judgement in default if the defendant has a real prospect of successfully defending the claim or it appears to the court there is some other good reason why the judgement should be set aside or the defendant be allowed to defend the claim.
What does 7A PD 4.1 say that the claim form and every other statement of claim must be headed with?
- The number of proceedings
- The court or Division in which they are proceeding
- The full name of each party
- Each party’s status in the proceedings (i.e claimant/defendant)
What is the Statement of Truth?
The Claimant believes that the facts stated in these Particulars of Claim are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. I am duly authorised by the Claimant to sign this statement.
What does 5A PD 2.1 say?
Statement of case and other documents drafted by a legal representative as a member or employee of a firm.
