Starting a Court Action

Question 1

The cases that proceed to litigation will be those-

Answer 1

Where both parties feel they have a good case to win or to defend

Question 2

Money claims of £100,000 or less with no PI-

Answer 2

Must be issued in the County Court

Question 3

PI claims of less than £50,000-

Answer 3

Must be issued in the County Courts

Question 4

Other claims should be issued in the High Court if the claimant believes they ought to be by reason of- (3)

Answer 4

The financial value; complexity; importance of the outcome of the claim to the general public

Question 5

Unspecified amount of money

Answer 5

A damages claim where the court is asked to assess the amount of damages payable to the claimant

Question 6

County Court Money Claims Centre

Answer 6

One single County Court which has hearing centres across the country

Question 7

County Court Business Centre

Answer 7

For mass claims

Question 8

Rule 30.2

Answer 8

Proceedings started in the wrong county court may be transferred to another (considering financial value, convenience, availability of specialist judge)

Question 9

If proceedings are started in the CC and should’ve been HC or vice versa-

Answer 9

The claim will normally be transferred and the claimant will have to pay the costs of the transfer but may also be struck out (except for bona fide mistakes)

Question 10

Purpose of ‘brief details of the claim’ section of the claim form

Answer 10

To enable the court to ascertain what the claim is about without having to read the whole PofC

Question 11

In calculating the value for the purposes of the claim form, the claimant must disregard (5)

Answer 11

Interest; costs; any potential finding of contributory negligence; any potential counterclaim or set-off; any amounts payable to the Compensation Recovery Unit

Question 12

By r16.3, a statement of value must state-

Answer 12

The amount of money claimed or brackets for track allocation

Question 13

In addition to stating the overall expected value of a claim, in PI claims the claimant also needs to declare-

Answer 13

Whether they expect more or less than £1,000 in general damages for pain, suffering and loss of amenity (because if so then automatic fast track)

Question 14

When does the claimant have to serve PofC if not served with the claim form?

Answer 14

Within 14 days from service of the claim form

Question 15

Once the claim form is issued, it must be served within how long?

Answer 15

Four calendar months after issue (six if out of jurisdiction)

Question 16

Can service of a claim form period be extended?

Answer 16

Yes by agreement in writing

Question 17

If PofC served separately, when does it have to be filed?

Answer 17

7 days from service

Question 18

Rule 7.5

Answer 18

The claimant must complete the step required by the following table in relation to the particular method of service chosen before midnight on the calendar day four months after the date of issue of the claim form

Question 19

Rule 6.14

Answer 19

A claim form served within the UK is deemed to be served on the second business day after completion of a relevant step under r7.5

Question 20

Methods of service in rule 7.5

Answer 20

First class post/DX, personal service, faxing, leaving document at the relevant place, other electronic method

Question 21

To determine if service has been effected in time, it is necessary to consider-

Answer 21

The taking of the step required

Question 22

The deemed service date is only relevant when-

Answer 22

Calculating the date on which the acknowledgement of service is due

Question 23

Rule 6.5

Answer 23

Personal service is when left with an individual at their usual residence, on a company by leaving in with a person holding a senior position within the company and on a partnership with a partner/person in control at the principal place of business

Question 24

Rule 6.9

Answer 24

Where the claimant has a reasonable reason to believe the address has changed they must take reasonable steps and make reasonable enquiries to ascertain the defendant’s current address

Question 25

When solicitors are instructed, the claim form-

Answer 25

Must be served on them at their business address

Question 26

Rule 6.4

Answer 26

The court will serve the claim form except when rule or PD direct otherwise/claimant notifies/court orders otherwise

Question 27

Rule 6.17

Answer 27

Where the claimant serves the claim form the period for filing CoS is extended to 21 days but not necessary if AoS filed in that time

Question 28

Where the court is to serve a document and it is returned undelivered-

Answer 28

The court will send a notice stating that the document has been returned to the party requesting service

Question 29

Where the court is to serve a claim form and it is returned undelivered-

Answer 29

Service is deemed to have taken place if the address for service is the relevant address

Question 30

When the Part 8 procedure is used, the claim form must be accompanied by-

Answer 30

An AoS form and any written evidence on which the claimant using the Part 8 procedure intends to rely on