starting a claim Flashcards
what matters should be disregarded when considering the value of the claim (5)
Interests
costs
contributory negligence
Counterclaim
deduction of social security benefits
what criteria will the court use to decide where the claim should be tried?
- financial all
Why is the date of issue of the claim form important?
- stops time for limitation period
- starts time for when the claim must be served
Why is the date of issue of the claim form important?
- stops time for limitation period
- starts time for when the claim must be served
how is a claim issued? what form?
N1- issued and sealed for C, D, Court
court fees
when can a claim be started at the county court money claims centre via online? to the County Court Business centre?
- less than 100k
- 2 or fewer defendants
CCBC- bulk issue of claims registered by users
If C delivers the CF how long does it have to file a certificate of service to court?
21 days unless D files an acknowledgement of service in that time
what is the time limit for serving the CF
4 months
calendar day
before midnight
what is the time limit for serving the CF
4 months
calendar day
before midnight
If C delivers the CF how long does it have to file a certificate of service to court?
21 days unless D files an acknowledgement of service in that time
Application to extend time service for CF within what time, what needs to be stated?
- Within 4 months, C needs to show a good reason for extension
Application to extend time service for CF, under what circumstances will the court grant? (3)
- 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
When should the particulars of claim be served and response pack ? when must POC be filed at court
- both with the claim form or
- within 14 days of CF and within the 4 months period
DDS CF
2 business days after relevant step
DDS PoC
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
Acknowledgement of service deadline
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)
what does acknowledgement of service do?
Extends time for filing a defence to 28 days from DDS of PoC
what does acknowledgement of service do?
Extends time for filing a defence to 28 days from DDS of PoC
How long can parties extend the time to serve the defence for?
Extra 28 days
what will the court consider if there is an application to extend time for defence?
(3)
Further the overriding objective?
Just and proportionate?
impact of extra time on the conduct of claim?
How to admit a claim for specified sum v unspecified sum, non- money, return of goods, what forms?
- specified form N9A
- Unspecified, non- money, return of goods
what happens to determine costs after D admits the whole of an unspecified sum? (3)
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
what is the time limit for requesting a judgement and what are the alternatives?
- 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.
Procedure for discontinuance e
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
