UNIT 2 DR: COMMENCING + RESPONDING TO A CLAIM Flashcards
what is a claim form (N1)?
formal doc used to start court proceedings.
filled out by C or their solicitor + served on D
what is the difference b/w CC + HC jurisdiction?
CC: most tort + contract cases unless claim exceeds £100k (£50k for PI)
HC: cases above threshold so £100k+ or more complex cases
where are claims issued in CC + HC?
CC: handled by Money Claims Centre (CCMCC) in Salford for money-related claims
HC: issued in RCJ or district registries eg Manchester. Birmingham
what must claim form (CF) include?
court details, parties involved, nature of claim
C + D details: full names, addresses, postcodes
nature of claim: short description of claim + remedy sought (eg debt, damages)
statement of value: shows amount being claimed or its estimated value
how are court fees determined?
based on amount being claimed.
reduced fees may apply for low-income Cs
C calculates fee, including interest if needed
what are particulars of claim?
sep doc that sets out the facts supporting claim
what is a statement of truth?
statement signed by C or their representative confirming the facts are true.
if signed by solicitor, it refers to the C’s beliefs, not the solicitor’s.
what is the address for service?
C’s address (or their solicitor’s) where court docs can be sent
how does HRA 1998 relate to a claim?
C must indicate if the claim involves any issues under the HRA
what details must be included for the D?
D’s name + address for service of court docs
how are legal costs determined in a claim?
fixed costs may apply for simple claims
for unspecified amounts (eg damages), court decides costs.
what does “service” mean in the context of court docs?
process of bringing court docs to person’s attention, as required by CPR 1998
what are the 4 key questions about serving court docs?
- by whom?
- how?
- where?
- on whom?
who serves the CF + other court docs?
court serves CF unless C tells court they will serve it.
other court docs are served by the party who created them
what are the methods of service for court docs?
- personal service: handing docs directly to person + informing them of its contents
- postal service: sending via 1st class post or postal service w/ next working day delivery
- doc exchange: business-to-business postal system used by solicitors
- fax: previously used, now largely replaced by emails
- designated locations: leaving docs at place specified by CPR
where must service of court docs occur?
service must generally occur w/in E&W
if address for service is provided, it must be used
if no address is provided, service can be made to the last known residence or business address.
who must be served w court docs?
nominated solicitor: if there is 1, service must be made on them.
no nominated solicitor:
1. for partnership: service can be made on partner or someone managing the business at the main place of business.
- for company: service can be made on a senior position holder eg director, treasurer, or secretary
what is the deadline for serving the CF?
C has 4 months from the date the CF is issued to serve it, before midnight on the 4th month
when is service of CF considered complete?
service is complete when action required by chosen method eg posting, faxing, emailing is done
when must the particulars of claim (POC) be served?
if CF is served 1st, POC must be served w/in 14 days after CF is served OR
by the latest time for serving the CF
whichever is earlier
how much time does D have to file acknowledgment of service?
D must file acknowledgment of service w/in 14 days after service of POC
how much time does D have to file defence?
14 days: after service of POC
OR
28 days: if D has filed acknowledgment of service
when is CF deemed to be served?
CF deemed served on the 2nd business day after the service step is completed
what is a business day?
excludes weekends, bank holidays, good friday + christmas day
when is CF deemed to be served if posted before good friday?
if CF posted before good friday, it is deemed served on the wednesday (2nd business day after posting)
when is service of other court docs deemed to have occurred w/ a 4:30pm cut-off?
if served before 4:30pm on business day: deemed served on that day
if served after 4:30pm or non-business day: deemed served on the next business day.
what about if using first-class post or doc exchange? when is service of other court docs deemed to have been served? w/ cut-off time of 4:30pm?
if by 1st-class post or doc exchange: service deemed to occur on 2nd business day after posting or placing in exchange
if 2nd business day is not a business day, service deemed to occur on the next business day.
where should case be started?
CC: £100k or less
HC: £100k + (£50k+ for PI cases)
what is the key doc that starts legal proceedings?
claim form
what details does the CF include?
has unique claim no, date, seal once issued by court
what must be served along w CF?
particulars of claim (details of claim)
time limit for serving CF outside E&W?
CF must be served w/in 6 months outside jurisdiction
how should court docs be served if solicitor is authorised?
court docs must be served on solicitor’s firm if they are authorised to accept service on behalf of the party
what are D’s options after receiving POC?
- acknowledge service
- file defence
- make admission (admit claim in full or part)
how much time does D have to respond to the POC?
D has 14 days to acknowledge service of file defence
if they acknowledge service, they have 28 days to file defence
can D get an extension to file a defence?
yes, D can extend the time by up to 28 days by agreement w C, but it must be notified to the court.
any further extension needs court approval
what happens if D fails to respond to CF?
C can apply for judgment in default, meaning C wins w/o trial
how can D set aside default judgment?
if default judgment was entered before response deadline or claim was paid in full, court MUST set it aside
in other cases: D must show real prospect of successfully defending the claim + good reason for being late
what does court consider when deciding to set aside default judgment?
court considers how quickly D applied to set aside judgment
what is important when identifying parties involved in claim?
crucial to use correct legal names. for partnerships, firm’s name is used, not individual partners’ names
+
partnership’s name should be used when issue arose
are there consequences of lying on statement of truth?
yes, solicitor should warn client of the consequences
who signs SOT?
must be signed by legal representative w correct date
what happens if CF is served late?
if CF is served late, time limit for serving POC may be shortened
what happens if D admits liability but does not offer payment?
court will assess damages i
what happens if D disputes the claim?
case continues w further steps, including filing defence
when does court proceedings start?
court proceedings start when the court issues the claim form, not when it is served
what is the threshold for claims in HC?
claims for non-PI damages must exceed £100k to start in HC.
for PI cases, threshold is £50k
can a single claim form cover multiple causes of action?
yes, if they can be resolved together
where must PI claims be issued in CC?
all personal injury damages claims in CC must be issued at CCMCC (county court money claims centre)
when is a claim considered “brought” under LA?
claim is considered “brought” when it is received by the court, not when it is issued
can claims against a deceased D’s estate proceed before probate?
yes, claims against a deceased D’s estate can proceed before probate if issued against “personal representatives”
how can sole traders be sued?
using either their personal name or business name
what must the CF contain?
concise statement of the nature of the claim + specify the remedy sought
what must damages claims in the CC state?
must state if recovery is expected to exceed £10,000
or
exceed £25,000
or
neither
what info must the titles of proceedings include?
titles must include case numbers, court/division, party names, and their roles
can particulars of claim be served separately from the CF?
yes, POC can be served separately w/in specified time limits
how must a CF be served?
w/o court permission, a CF cannot be served by delivering it to someone who knows the D
when is a CF deemed served?
2 business days after completion of service step
what is required for service by post?
1st-class post is required for service, except for co’s under CA 2006.
how is personal service on a company done?
requires leaving the form with a senior officer, not just any staff member
when is a faxed defence deemed served?
on the next business day if sent on a non-business day
what defines a “business day”
excludes weekends + public holidays
when is service by fax deemed effective?
on the day sent if completed before 4:30pm on a business day; otherwise, it rolls to the next business day.
when must acknowledgment of service be filed?
14 days after service of particulars of claim (if POC follow CF)
14 days after service of the CF (in other cases) (CPR rule 10.3(1)).
what happens if no acknowledgment of service or defence is filed?
C may obtain default judgment
when can a D challenge jurisdiction?
D must file acknowledgment of service before applying to challenge jurisdiction (CPR rule 11)
when must defence be filed?
14 days after service of POC
28 days after service of particulars if acknowledgment of service is filed on time
can the defence filing time be extended?
yes, the D + C can agree to extend the period by up to 28 days, and D must notify the court in writing (CPR rule 15.5)
what are the grounds for setting aside default judgment?
discretionary grounds: D has real prospect of successfully defending claim or there is another good reason to set aside judgement.
mandatory grounds: court must set aside if claim was satisfied before judgment was entered (CPR rule 13.3(1) + 13.2(c))
how does the court consider the promptness of application to set aside default judgment?
court considers whether the D made the app promptly, applying the Denton v White principles
what is the general rule for costs on discontinuance?
C discontinuing claim is liable for D’s costs incurred up to the date of discontinuance.
costs are payable on standard basis unless court orders indemnity basis (CPR part 38)
what is the scope of a tomlin order?
a tomlin order can settle both monetary + non-monetary claims
what is the confidentiality aspect of a tomlin order?
confidential terms may be included in a schedule or a separate document
can a tomlin order include terms outside the court’s powers?
yes, it may include terms that are outside the court’s powers to order
what must be included in a tomlin order re costs?
provisions about costs must be included in the order if court assessment is needed
how is a breach of a tomlin order enforced?
breach does not auto lift the stay: party must apply to court
is court permission required to add, remove, or substitute parties?
court permission is not always required before the CF is served
who can apply to add or substitute parties?
applications can be made by existing parties or those wishing to become parties
when is adding a new party allowed?
adding new party allowed if:
1. it resolves all matters in dispute
2. it resolves issues connected to the dispute
when can substitution of parties occur?
substitution allowed if:
1. original party’s interest or liability has passed to new party
2. it is necessary to resolve the dispute
can a new party be added or substituted after the LP has expired?
yes but only if:
1. LP was valid when proceedings started
2. it’s necessary for resolving the claim (CPR rule 19.5)
how is location for issuing proceedings determined?
PI claims must be £50k+ to be issued in HC.
if claim is for less than £50k, must be issued in CC.
what must the brief details of a claim include?
facts of claim
remedy being sought
breach of duty
how should the value of PI claim be stated?
under £50k? state value as:
1. not more than £10k
- more than £10k but no more than £25k
- more than £25k
what can vulnerable parties or witnesses request in court?
can request adjustments eg giving evidence remotely eg by video or pre-recorded testimony
vulnerable: PTSD for example
when can a party be substituted in a civil litgiation case?
new party can be substituted if:
1. LP was still active when claim was filed.
2. substitution necessary such as:
a. original party was mistakenly named
b. claim cannot proceed w/o the new party
c. original party died, and their liability or interest has passed to the new party (eg PRs)
what is the key legal takeaway about substitution after LP has expired?
substitution allowed if LP was active when proceedings began and substitution is necessary due to the death of the original party or other specific reasons.
what is the time limit for filing a defence after acknowledging service?
if D acknowledges service in time, they have 28 days from the service of the POC to file a defence
what happens if the D does not file a defence on time?
if defence is not filed w/in time limit, C can apply for default judgment
when can default judgment be entered?
can be entered the day after the deadline to file a defence has passed.
eg if deadline is 26 sep, default judgment can be entered on 27 sep
how can a D set aside default judgment?
if:
1. they have real prospect of defending the claim
- there’s another good reason for the judgement to be set aside
denton v white [2014] test for setting aside default judgement? (3 part test)
- seriousness of compliance: how significant was failure to comply w the time limits?
- reason for breach: why did D fail to comply?
- all circumstances: court will consider overall situation to determine fairness
rules for serving court docs?
CF must be served w/in 4 months (or 6 months if outside jurisdiction)
CF is deemed served on 2nd business day after it is completed
when must POC be served?
at same time as CF or
w/in 14 days after CF is served, but no later than 4 months after CF was issued
when must the D acknowledge service?
D must acknowledge service w/in 14 days of receiving CF or POC
when must D file defence?
w/in 14 days after receiving POC or 28 days if they file acknowledgement of service
when can new party be added to proceedings?
if desirable for court to resolve all issues in dispute.
if there’s an issue involving the new party that is connected to the existing dispute
How does the limitation period affect adding or substituting a party?
If the limitation period has not expired, the court is more likely to add or substitute a party.
If the limitation period has expired, the court will only add or substitute a party if:
- The limitation period was still current when proceedings started.
- The addition or substitution is necessary for the case to continue.
what not to advise a party re substitution?
Do not advise substituting the ex-partner for the woman or the man unless there is a specific reason (e.g., mistake, death, bankruptcy).
Do not advise starting a separate legal action—this would delay resolution.
Do not assume the court will automatically add the ex-partner—it must be necessary and desirable for resolving the case.
Do not assume the court will add the ex-partner just to further the overriding objective—the court’s decision must be based on the facts of the case.
