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SQE1 FLK1 > UNIT 2 DR: COMMENCING + RESPONDING TO A CLAIM > Flashcards

UNIT 2 DR: COMMENCING + RESPONDING TO A CLAIM Flashcards

1
Q

what is a claim form (N1)?

A

formal doc used to start court proceedings.

filled out by C or their solicitor + served on D

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2
Q

what is the difference b/w CC + HC jurisdiction?

A

CC: most tort + contract cases unless claim exceeds £100k (£50k for PI)

HC: cases above threshold so £100k+ or more complex cases

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3
Q

where are claims issued in CC + HC?

A

CC: handled by Money Claims Centre (CCMCC) in Salford for money-related claims

HC: issued in RCJ or district registries eg Manchester. Birmingham

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4
Q

what must claim form (CF) include?

A

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

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5
Q

how are court fees determined?

A

based on amount being claimed.

reduced fees may apply for low-income Cs

C calculates fee, including interest if needed

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6
Q

what are particulars of claim?

A

sep doc that sets out the facts supporting claim

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7
Q

what is a statement of truth?

A

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.

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8
Q

what is the address for service?

A

C’s address (or their solicitor’s) where court docs can be sent

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9
Q

how does HRA 1998 relate to a claim?

A

C must indicate if the claim involves any issues under the HRA

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10
Q

what details must be included for the D?

A

D’s name + address for service of court docs

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11
Q

how are legal costs determined in a claim?

A

fixed costs may apply for simple claims

for unspecified amounts (eg damages), court decides costs.

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12
Q

what does “service” mean in the context of court docs?

A

process of bringing court docs to person’s attention, as required by CPR 1998

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13
Q

what are the 4 key questions about serving court docs?

A
  1. by whom?
  2. how?
  3. where?
  4. on whom?
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14
Q

who serves the CF + other court docs?

A

court serves CF unless C tells court they will serve it.

other court docs are served by the party who created them

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15
Q

what are the methods of service for court docs?

A
  1. personal service: handing docs directly to person + informing them of its contents
  2. postal service: sending via 1st class post or postal service w/ next working day delivery
  3. doc exchange: business-to-business postal system used by solicitors
  4. fax: previously used, now largely replaced by emails
  5. designated locations: leaving docs at place specified by CPR
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16
Q

where must service of court docs occur?

A

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.

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17
Q

who must be served w court docs?

A

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.

  1. for company: service can be made on a senior position holder eg director, treasurer, or secretary
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18
Q

what is the deadline for serving the CF?

A

C has 4 months from the date the CF is issued to serve it, before midnight on the 4th month

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19
Q

when is service of CF considered complete?

A

service is complete when action required by chosen method eg posting, faxing, emailing is done

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20
Q

when must the particulars of claim (POC) be served?

A

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

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21
Q

how much time does D have to file acknowledgment of service?

A

D must file acknowledgment of service w/in 14 days after service of POC

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22
Q

how much time does D have to file defence?

A

14 days: after service of POC

OR

28 days: if D has filed acknowledgment of service

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23
Q

when is CF deemed to be served?

A

CF deemed served on the 2nd business day after the service step is completed

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24
Q

what is a business day?

A

excludes weekends, bank holidays, good friday + christmas day

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25
Q

when is CF deemed to be served if posted before good friday?

A

if CF posted before good friday, it is deemed served on the wednesday (2nd business day after posting)

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26
Q

when is service of other court docs deemed to have occurred w/ a 4:30pm cut-off?

A

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.

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27
Q

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?

A

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.

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28
Q

where should case be started?

A

CC: £100k or less

HC: £100k + (£50k+ for PI cases)

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29
Q

what is the key doc that starts legal proceedings?

A

claim form

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30
Q

what details does the CF include?

A

has unique claim no, date, seal once issued by court

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31
Q

what must be served along w CF?

A

particulars of claim (details of claim)

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32
Q

time limit for serving CF outside E&W?

A

CF must be served w/in 6 months outside jurisdiction

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33
Q

how should court docs be served if solicitor is authorised?

A

court docs must be served on solicitor’s firm if they are authorised to accept service on behalf of the party

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34
Q

what are D’s options after receiving POC?

A
  1. acknowledge service
  2. file defence
  3. make admission (admit claim in full or part)
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35
Q

how much time does D have to respond to the POC?

A

D has 14 days to acknowledge service of file defence

if they acknowledge service, they have 28 days to file defence

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36
Q

can D get an extension to file a defence?

A

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

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37
Q

what happens if D fails to respond to CF?

A

C can apply for judgment in default, meaning C wins w/o trial

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38
Q

how can D set aside default judgment?

A

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

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39
Q

what does court consider when deciding to set aside default judgment?

A

court considers how quickly D applied to set aside judgment

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40
Q

what is important when identifying parties involved in claim?

A

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

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41
Q

are there consequences of lying on statement of truth?

A

yes, solicitor should warn client of the consequences

42
Q

who signs SOT?

A

must be signed by legal representative w correct date

43
Q

what happens if CF is served late?

A

if CF is served late, time limit for serving POC may be shortened

44
Q

what happens if D admits liability but does not offer payment?

A

court will assess damages i

45
Q

what happens if D disputes the claim?

A

case continues w further steps, including filing defence

46
Q

when does court proceedings start?

A

court proceedings start when the court issues the claim form, not when it is served

47
Q

what is the threshold for claims in HC?

A

claims for non-PI damages must exceed £100k to start in HC.

for PI cases, threshold is £50k

48
Q

can a single claim form cover multiple causes of action?

A

yes, if they can be resolved together

49
Q

where must PI claims be issued in CC?

A

all personal injury damages claims in CC must be issued at CCMCC (county court money claims centre)

50
Q

when is a claim considered “brought” under LA?

A

claim is considered “brought” when it is received by the court, not when it is issued

51
Q

can claims against a deceased D’s estate proceed before probate?

A

yes, claims against a deceased D’s estate can proceed before probate if issued against “personal representatives”

52
Q

how can sole traders be sued?

A

using either their personal name or business name

53
Q

what must the CF contain?

A

concise statement of the nature of the claim + specify the remedy sought

54
Q

what must damages claims in the CC state?

A

must state if recovery is expected to exceed £10,000

or

exceed £25,000

or

neither

55
Q

what info must the titles of proceedings include?

A

titles must include case numbers, court/division, party names, and their roles

56
Q

can particulars of claim be served separately from the CF?

A

yes, POC can be served separately w/in specified time limits

57
Q

how must a CF be served?

A

w/o court permission, a CF cannot be served by delivering it to someone who knows the D

58
Q

when is a CF deemed served?

A

2 business days after completion of service step

59
Q

what is required for service by post?

A

1st-class post is required for service, except for co’s under CA 2006.

60
Q

how is personal service on a company done?

A

requires leaving the form with a senior officer, not just any staff member

61
Q

when is a faxed defence deemed served?

A

on the next business day if sent on a non-business day

62
Q

what defines a “business day”

A

excludes weekends + public holidays

63
Q

when is service by fax deemed effective?

A

on the day sent if completed before 4:30pm on a business day; otherwise, it rolls to the next business day.

64
Q

when must acknowledgment of service be filed?

A

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)).

65
Q

what happens if no acknowledgment of service or defence is filed?

A

C may obtain default judgment

66
Q

when can a D challenge jurisdiction?

A

D must file acknowledgment of service before applying to challenge jurisdiction (CPR rule 11)

67
Q

when must defence be filed?

A

14 days after service of POC

28 days after service of particulars if acknowledgment of service is filed on time

68
Q

can the defence filing time be extended?

A

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)

69
Q

what are the grounds for setting aside default judgment?

A

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))

70
Q

how does the court consider the promptness of application to set aside default judgment?

A

court considers whether the D made the app promptly, applying the Denton v White principles

71
Q

what is the general rule for costs on discontinuance?

A

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)

72
Q

what is the scope of a tomlin order?

A

a tomlin order can settle both monetary + non-monetary claims

73
Q

what is the confidentiality aspect of a tomlin order?

A

confidential terms may be included in a schedule or a separate document

74
Q

can a tomlin order include terms outside the court’s powers?

A

yes, it may include terms that are outside the court’s powers to order

75
Q

what must be included in a tomlin order re costs?

A

provisions about costs must be included in the order if court assessment is needed

76
Q

how is a breach of a tomlin order enforced?

A

breach does not auto lift the stay: party must apply to court

77
Q

is court permission required to add, remove, or substitute parties?

A

court permission is not always required before the CF is served

78
Q

who can apply to add or substitute parties?

A

applications can be made by existing parties or those wishing to become parties

79
Q

when is adding a new party allowed?

A

adding new party allowed if:
1. it resolves all matters in dispute
2. it resolves issues connected to the dispute

80
Q

when can substitution of parties occur?

A

substitution allowed if:
1. original party’s interest or liability has passed to new party
2. it is necessary to resolve the dispute

81
Q

can a new party be added or substituted after the LP has expired?

A

yes but only if:
1. LP was valid when proceedings started
2. it’s necessary for resolving the claim (CPR rule 19.5)

82
Q

how is location for issuing proceedings determined?

A

PI claims must be £50k+ to be issued in HC.

if claim is for less than £50k, must be issued in CC.

83
Q

what must the brief details of a claim include?

A

facts of claim

remedy being sought

breach of duty

84
Q

how should the value of PI claim be stated?

A

under £50k? state value as:
1. not more than £10k

  1. more than £10k but no more than £25k
  2. more than £25k
85
Q

what can vulnerable parties or witnesses request in court?

A

can request adjustments eg giving evidence remotely eg by video or pre-recorded testimony

vulnerable: PTSD for example

86
Q

when can a party be substituted in a civil litgiation case?

A

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)

87
Q

what is the key legal takeaway about substitution after LP has expired?

A

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.

88
Q

what is the time limit for filing a defence after acknowledging service?

A

if D acknowledges service in time, they have 28 days from the service of the POC to file a defence

89
Q

what happens if the D does not file a defence on time?

A

if defence is not filed w/in time limit, C can apply for default judgment

90
Q

when can default judgment be entered?

A

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

91
Q

how can a D set aside default judgment?

A

if:
1. they have real prospect of defending the claim

  1. there’s another good reason for the judgement to be set aside
92
Q

denton v white [2014] test for setting aside default judgement? (3 part test)

A
  1. seriousness of compliance: how significant was failure to comply w the time limits?
  2. reason for breach: why did D fail to comply?
  3. all circumstances: court will consider overall situation to determine fairness
93
Q

rules for serving court docs?

A

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

94
Q

when must POC be served?

A

at same time as CF or

w/in 14 days after CF is served, but no later than 4 months after CF was issued

95
Q

when must the D acknowledge service?

A

D must acknowledge service w/in 14 days of receiving CF or POC

96
Q

when must D file defence?

A

w/in 14 days after receiving POC or 28 days if they file acknowledgement of service

97
Q

when can new party be added to proceedings?

A

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

98
Q

How does the limitation period affect adding or substituting a party?

A

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:

  1. The limitation period was still current when proceedings started.
  2. The addition or substitution is necessary for the case to continue.
99
Q

what not to advise a party re substitution?

A

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.

100
Q
A

SQE1 FLK1 (11 decks)

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