starting a claim

Question 1

what matters should be disregarded when considering the value of the claim (5)

Answer 1

Interests
costs
contributory negligence
Counterclaim
deduction of social security benefits

Question 2

what criteria will the court use to decide where the claim should be tried?

Answer 2

• financial all

Question 3

Why is the date of issue of the claim form important?

Answer 3

• stops time for limitation period
• starts time for when the claim must be served

Question 3

Why is the date of issue of the claim form important?

Answer 3

• stops time for limitation period
• starts time for when the claim must be served

Question 4

how is a claim issued? what form?

Answer 4

N1- issued and sealed for C, D, Court

court fees

Question 5

when can a claim be started at the county court money claims centre via online? to the County Court Business centre?

Answer 5

• less than 100k
• 2 or fewer defendants

CCBC- bulk issue of claims registered by users

Question 6

If C delivers the CF how long does it have to file a certificate of service to court?

Answer 6

21 days unless D files an acknowledgement of service in that time

Question 7

what is the time limit for serving the CF

Answer 7

4 months
calendar day
before midnight

Question 7

what is the time limit for serving the CF

Answer 7

4 months
calendar day
before midnight

Question 7

If C delivers the CF how long does it have to file a certificate of service to court?

Answer 7

21 days unless D files an acknowledgement of service in that time

Question 8

Application to extend time service for CF within what time, what needs to be stated?

Answer 8

• Within 4 months, C needs to show a good reason for extension

Question 9

Application to extend time service for CF, under what circumstances will the court grant? (3)

Answer 9

• Within 4 months: C needs to show a good reason for extension
• After 4 moths:
  court will only grant if
  a. Court failed to serve CF
  b. C took all reasonable steps to comply
  c. application has been made promptly

Question 10

When should the particulars of claim be served and response pack ? when must POC be filed at court

Answer 10

• both with the claim form or
• within 14 days of CF and within the 4 months period

Question 11

DDS CF

Answer 11

2 business days after relevant step

Question 12

DDS PoC

Answer 12

Instant method- same day if before 4:30 pm or next business day if the following day

non- instant method- ie post, DX, two business days after relevant step

Question 13

Acknowledgement of service deadline

Answer 13

CF and PoC together= 14 days from DDS

Separate= 14 days from PoC

when POC and CF are served together assume POC was served at the earliest time (date according to PoC delivery rules)

Question 14

what does acknowledgement of service do?

Answer 14

Extends time for filing a defence to 28 days from DDS of PoC

Question 14

what does acknowledgement of service do?

Answer 14

Extends time for filing a defence to 28 days from DDS of PoC

Question 15

How long can parties extend the time to serve the defence for?

Answer 15

Extra 28 days

Question 16

what will the court consider if there is an application to extend time for defence?
(3)

Answer 16

Further the overriding objective?
Just and proportionate?
impact of extra time on the conduct of claim?

Question 17

How to admit a claim for specified sum v unspecified sum, non- money, return of goods, what forms?

Answer 17

• specified form N9A
• Unspecified, non- money, return of goods

Question 18

what happens to determine costs after D admits the whole of an unspecified sum? (3)

Answer 18

C will make a request for judgement.
Court enters judgement on liability , quantum and costs will be decided at a later hearing.

Or D may offer a sum

Question 19

what is the time limit for requesting a judgement and what are the alternatives?

Answer 19

• C completes a request for judgement and reply to admission within 14 days of receiving a notice of admission

Alternatives:
- using an order that stops short of judgement e.g. Tomlin order
- Claimant agrees to withdraw
- is a specified claim is admitted, paid in full with interest, fees and costs, it is unlikely that judgement will be entered.

Question 20

Procedure for discontinuance e

Answer 20

1) Claimant files a notice of discontinuance at court (this must make clear which part of the claim is discontinued)
2) Serve a copy on every party
3) Discontinuance takes effect from the date of service of the notice
4) Upon discontinuance, a costs order is deemed to have been made in the defendant’s favour on the standard basis