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DR > Unit 3 & 4 > Flashcards

Unit 3 & 4 Flashcards

1
Q

What’s the CPR for a method of service: personal service?

A

r.6.5(3)(a) - leave it with the person
r6.5(3)(c) - partnership - leave it with person in control or with partner
r.6.5(3)(b) - company - leave it with D, chief executive (someone who holds a senior position).
s1139(1) CA 06 - limited company - can be left or posted to the RO.

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2
Q

What’s the CPR for a method of service: First Class post?

A

None
Day starts counting on the next working day.
Second class or any other methods is N/A.
s1139(1) CA 06 - company limited company - can be left or posted to RO and 2nd class is available.

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3
Q

What’s the CPR for a method of service: DX?

A

Para 2.1, PD 6A - if party provided the DX box number as a form of address.

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4
Q

What’s the CPR for a method of service: Leaving it on a specified place?

A

No CPR - should be delivered by hand

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5
Q

What’s the CPR for a method of service: Fax or other electronic method?

A

Para 4, pD6A - should be stated expressly
Para 4.2, PD6A - if party wants to serve the claim form via electronic means, should clarify whether the receiving party has any limitations on receiving this.

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6
Q

Who should be served the claim form?

A

Claimant should authorise this first but under CPR 6.7
Solicitor can accept the service if the D was given in writing that the form will be served on the solicitor’s address instead or their acting for the D.

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7
Q

Where can you serve the claim form if the D did not provide an address for service?

A

CPR 6.9 - C can serve the claim form on any of the permitted methods. R6.15(2) allow courts to order an alternative method.

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8
Q

Where can the C serve the claim form if the D’s address is unknown or not provided?

A
  • Last place known residence, last place known of business, main office of the corporation, company or partnership which has a real connection with the claim or any other corporation that is within the jurisdiction and carries out the activities.
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9
Q

What is the deemed service of the claim form?

A

r6.14 - deemed on the 2nd business day after the relevant step has been completed.

Relevant step such as date of postage or when it is delievered.

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10
Q

What does business day mean?

A

Any day except Saturday, Sunday, bank holiday, Good Friday or Christmas day

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11
Q

What is the deemed service for other documents if it is handed by personal service?

A

If served by hand before 4:30 pm - document delivered on that day.
If it is past 4:30 pm - delivered the next business day(next day).

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12
Q

What is the deemed service for other documents if it is handed by 1st class post and DX?

A

2nd day after it was posted/left or delievered provided that this day is a next business day. If not, then it will be dated on the next business day after that.

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13
Q

What is the deemed service for other documents if it is handed by fax?

A

Sent or delivered by 4:30 pm on the day.

If not, it will be the next business day.

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14
Q

What is the deemed service for other documents if it is handed by other electronic method?

A

Should be sent or delivered by 4:30pm.

If not, it will be the next business day.

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15
Q

When should the particulars of claims be served?

A

same time or 14 days after the claim form has been served - Para 6.1, PD7A.

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16
Q

What are the 4 options a D can do once they have been served the POC?

A
  1. Admit the claim
  2. File an acknowledgement of service
  3. File a defence
  4. Do Nothing
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17
Q

what’s the CPR for D’s option of acknowledgement of service if the CF was followed by the POC after?

A

CPR 10.3(1)(a) - D has 14 days of deemed service of the POC - wait for POC and draft or complete Form N1C.

18
Q

What’s the rule for D to file an acknowledgement of service if the documents were served after the CF?

A

CPR 10.3(1)(b) - D has 14 days after the service of CF to acknowledge and complete the Form N9 which is a response pack.

19
Q

What’s the CPR for D to do once they have acknowledged the service?

A

CPR 15.4(1)(b) - D has 28 days after the deemed service of POC to file their defence.
If the time expires to file a D, C can apply for a default judgement under CPR 12.3(2).

20
Q

what’s the CPR if D wants to file for a Defence?

A

CPR 15.

21
Q

If D wants to file a defence, when should they file a defence?

A

CPR 15.4(1)(a) - D has 14 days within the deemed service of POC to file a defence.
If D had filed an acknowledgement of service, D has 28 days within the deemed service of the POC to file a defence under CPR 15.4(1)(b).

22
Q

If wishes to do nothing after CF and POC have been served, what happens?

A

If the time to file a defence or serve an acknowledgement of service has passed, AOS - CPR 10.2 and 10.3. Defence - CPR 15.4(1)(a&b).

C can apply for a default judgment under CPR 12.3.

23
Q

What’s the clear days rule?

A

CPR 2.8 - it would be business days and the day after the event.

24
Q

What’s the CPR for a default judgement?

A

CPR 12.3 - if D fails to respond to service on C’s POC by failing to provide an acknowledgement of service, file a defence or relevant time for doing either one this has passed.

25
Q

What’s the procedure for filing a default judgement?

A

PPOC should be served, D has not filed an AoS or Defence, D has not satisfied the claim or not admitted liability for the full amount.

26
Q

What are the grounds for a default judgement or for a default judgement to be set aside?

A

Discretionary - R13.3(1)
D has a real prospect of successfully defending the claim or there’s another reason why the default judgement should be set aside or D should be able to defend the claim.

27
Q

What’s the mandatory ground for a default judgement?

A

CPR 13.2- Courts have the discretion to set aside a wrongly entered default judgement before D’s application deadline for AoS or Defence has not passed.

Interim Cost - C would need to pay for D’s application costs.

28
Q

What’s the interim costs for the discretionary grounds on default judgement?

A

D has a real prospect of successfully defending the claim - D would need to pay for C’s application cost because they would not have made the application if the D did not miss their deadline.

29
Q

What’s a statement of case?

A 
CPR 2.3 - Formal documents required by the parties: 
Claim Form
Particulars of Claim
Defence
Counter Claim - sometimes
30
Q

What’s the rule for drafting a statement of case?

A

Para 13.3, PD16 - POC and Defence, parties can state any point of law, refer or state any witnesses they are going to rely on and attach or serve a copy of the documents that may support their claim or defence like an expert report.

31
Q

What PD states the details that a POC should have?

A

PD16

32
Q

What should a POC have and what’s the CPR?

A

CPR 16.4(1) - POC should:

  • have concise statements of the facts of what the C relies on.
  • If C is seeking interest, details on this should be set out.
33
Q

What’s the formalities of a POC and Defence?

A
  • Para 2.2(5): should be numbered paragraphs
  • Para 6.7.4(3) QBD Guide: each para should only contain ONE allegation
  • Para 6.7.4.(4) QBD Guide: events should be placed in chronological order
  • Para 6.7.4(6) QBD Guide: allegation should be outlined first then listed in sub para.
  • Para 2.2(6), PD5A: have all the numbers in figures and dates.
  • Para 6.7.4(9): If POC used definition, Defence should use the same.
34
Q

What’s the structure and CPR/PD for drafting a defence?

A
  1. R16.5(1) - each allegations should be addressed whether they are admitted, denied or not admitted.
  2. Each allegation per para. - R6.7.4(6): allegations should be stated first then followed by numbered paras.
    R6.7.4(5) - answer each point made in the POC.
  3. If allegation is denied, provide an explanation: R16.5(2). If each point is outlined, then one point may be denied whilst the other point may be admitted.
  4. Para 13.1, PD16 - limitation period must be outlined
  5. Para 10.7, PD16 - D’s DOB must be stated unless it has already been stated.
  6. Para2.1, PD5A - Defence should be signed by firm
  7. Statement of truth - Para 3.4, PD16 or Para 2.1, PD22.
  8. R16.5(8): should have D’s address
35
Q

If the D did not deal with every allegation outlined in the POC in their Defence, what happens?

A

Assumed that they have admitted to it under CPR16.5(5).

36
Q

What’s the rule for a Counterclaim?

A

Part 20

37
Q

What’s a counterclaim?

A

When D creates allegations against C.

38
Q

What’s the procedure for a Counterclaim?

A

D should file for the particulars of counterclaim alongside defence.
Would need court’s decision
File defence to counterclaim within 14 days

39
Q

What’s the CPR for the procedure for a counterclaim?

A

R20.4

40
Q

What’s the rule for the service of a counterclaim?

A

R20.8

41
Q

What does R20.8 for the service of a counterclaim state?

A

D should serve it to the other party when he serves defence.

DR (6 decks)

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