Starting Proceedings

Question 1

Where must a claim under £100,000 (£50,000 for personal injury) be commenced?

Answer 1

In the County Court. Disregard interest or legal costs.

Question 2

What is disregarded from the value of the claim when choosing the most appropriate court?

Answer 2

Disregard:
- interest accumulated
- the legal costs in pursuing the claim
- the costs involved in any counterclaim
- any amount that may be claimed for contributory negligence

Question 3

When can you issue proceedings in the High Court?

Answer 3

If the value of the claim is more than £100,000 (or £50,000 for personal injury claims), the High Court will be the most appropriate court where:
- the case has complex facts
- the outcome of the case has an element of public interest

Question 4

Specialist Courts in the KBD

Answer 4

• Administrative Court (Planning Court)
• Admiralty Court
• Commercial Court
• Mercantile Court
• Technology and Construction Court
• KBD Civil List

Contract and Tort Disputes

Question 5

Specialist Courts in the Chancery Division

Answer 5

• Business List
• Insolvency and Companies List
• Intellectual Property Court
• Patents Court
• Trusts, Property and Probate List

Land and property, mortgages, trusts and estates, bankruptcy, partnerships and company matters, IP

Question 6

What is the name of the claim and form and information on it?

Answer 6

N1

• claimant name and address
• defendant name and address
• brief details of claim
• preferred County Court hearing centre for the hearings
• defendant’s address for service
• Particulars of claim
• statement of truth
• claimant’s or legal representative’s address for correspondence

Question 7

How is a claim form issued?

Answer 7

• Issued by the court once the claimant files the claim form and any supporting evidence
• Court issues the claim by sealing the claim form - and stops the limitation time running - and allocates a claim number to the the case

Then it’s issued.

Question 8

Methods for serving a claim form

Answer 8

1) Personal service: must leave it with the right person
a) individual - left with that individual
b) company - left with a person holding a senior position in the company
c) partnership - claim form should be left with a partner or a person who at the time has the control or management of the partnership business at its principal place of business

2) First-class post or Document Exchange (must be first-class): posting, leaving with, delivering to or collection by the relevant service provider

3) Leaving the claim form at a specified place - posting, leaving with, delivering to or collection by relevant service provider

4) Fax or other means of electronic communication (Must be expressly confirmed they are happy to accept service by fax or email) - completing the fax or sending the email or other electronic transmission

5) Any other method authorised by the court

Question 9

Where do you serve the claim form?

Answer 9

Individual - usual or last known residence

Individual being sued in the name of a business (sole trader) - usual or last known residence of the individual or principal or last known place of business

Individual being sued in the name of a business name of a partnership - usual or last known residence of the individual or principal or last known place of business of the partnership

Limited Liability Partnership - principal office of the partnership or any place of business of the partnership within the jurisdiction that has a real connection with the claim

Corporation incorporated in England and Wales - Principal office of the corporation or any place within the jurisdiction where the corporation carries on its activities and which has a real connection with the claim

Company registered in England and Wales (Ltd) - Principal office of the company or any place of business of the company within the jurisdiction that has a real connection with the claim

Question 11

Can you ever serve a claim form on the defendant’s solicitors?

Answer 11

Yes BUT only if they have explicitly instructed that solicitors can accept on their behalf.

Question 12

How long is a claim form valid?

Answer 12

Four months; by midnight
e.g. issued 14 may - deadline: 14 september

6 months if out of the jurisdiction

Question 13

Deemed service

Answer 13

When a document or application is legally treated by the CPR as having been served on a person, irrespective of whether it actually arrived

Question 14

When is a claim form deemed served?

Answer 14

The second business day after the relevant step has taken place,

Business day: any day except Saturday, Sunday, bank holiday, Good Friday or Christmas

Question 15

When are other documents deemed served?

Answer 15

Personal service, fax, email or delivering to an address:
- If before 4:30 on a business day - the same day
- If after 4:30 on a business day or not on a business day, the next business day

First-class post or Document Exchange:
- The second day after it is posted if it is a business day
- If not a business day, deemed served the next business day

Question 16

Deadline for certificate of service

Answer 16

21 days

No need if file acknowledgement or defence or admission within the time frame

Question 17

CPR counting rules

Answer 17

• Days always means clear days - day on which period begins is not included
• If the day on which the period ends is by reference to an event then the date of the event is not regarded as a clear day
• where a period specified is five days or less, Saturdays, Sundays and bank holidays are not counted

Question 18

Who can make an application to add, remove or substitute a party?

Answer 18

An application can be made by:
- an existing party
- a person who wishes to become a party
- the Court can also add a party on its own initiative

Question 19

What documents need to be filed with the court to add, remove or substitute a party?

Answer 19

Following documents need to be filed with the court:
- the application notice
- an amended copy of the claim form and particulars of claim
- if claimant is being added: the signed written consent of that new claimant

Question 20

What are the grounds for an application to add, remove or substitute a party inside the limitation period?

Answer 20

• it is desirable to add the new part so that the court can resolve all the matters in dispute in the proceedings
• there is an issue involving the new party and an existing party which is connected to the matters in dispute in the proceedings and it is desirable to add the new party so that the court can resolve that issue

Note: DESIRABLE

If granted: a copy of the order must be served on every party to the proceedings and on any other person affected by the order

Question 21

What are the grounds for an application to add, remove or substitute a party outside the limitation period?

Answer 21

• the new party is to be substituted for a party who was names in the claim form in mistake for the new party
• the claim cannot properly be carried on by or against the original party unless the new party is added or substituted as claimant or defendant
• the original party has died or had a bankruptcy order made against them and their interest or liability has passed to the new party

If granted: a copy of the order must be served on every party to the proceedings and on any other person affected by the order

Question 22

What are the rules for adding or amending a cause of action?

Answer 22

• If the document has not been served on any other party to the proceedings, then permission of the court is not required
• If document has been served, the party making the application to amend will either need:
  > the written consent of all other parties to the action to amend the document
  > permission of the court