W4 Part 7

Question 1

CPR 7.2

How are proceedings started?

Answer 1

When the court issues a claim form at the request of the claimant.

Question 2

When is a claim form issued?

Answer 2

On the date entered on the form by the court.

Question 3

What if a person who seeks a remedy from court before proceedings are started or in relation to proceedings which are taking place, or will take place, in another jurisdiction?

Answer 3

Must make an application under Part 23

Part 23 - applications without service of application notice

Question 4

Where can proceedings be started if both the High Court and the County Court have jurisdiction?

Answer 4

May be started in the:

High Court
or
County Court

Question 5

What must the value of the claim be for proceedings * to be started in the High Court?

*whether for damages or for a specified sum

Answer 5

> £100,000

more than £100,000

Question 6

What must the value of the claim be for proceedings which include a claim for damages in respect to personal injury be to be started in the High Court?

Answer 6

£50,000 or more

Question 7

High Court

Answer 7

> £100,000
£50,000 or more (PI)

more than £100,000

Question 8

Note:

Answer 8

A claim form must be issued in the High Court or the County Court if an enactment so requires.

Question 9

Subject to the financial limits (>£100k or £50 PI) a claim should be started in the High Court if?

Answer 9

due to:

1. financial value of claim and the amount in dispute, and/or
2. the complexity of the facts, legal issues, remedies or procedure involved, and/or
3. importance of outcome of claim to the public in general,

the claimant believes that the claim ought to be dealt with by a High Court judge.

Question 10

Note:

Answer 10

There are provisions relating to the transfer to the County Court of proceedings started in the High Court and vice-versa.

Question 11

Where may a claim in the County Court under Part 7 be made?

Answer 11

at any County Court hearing centre

(unless an enactment, rule or PD provides otherwise).

Question 12

What happens if a claim which is required to be made at a particular County Court hearing centre is made at the wrong hearing centre?

Answer 12

a court officer will send the claim to the correct hearing centre before it is issued.

Question 13

How should the claim form be marked if a claim relates to Business and Property work?

Answer 13

on the top right hand corner

High Court - Business and Property Courts
County Court - Business and Property Work

Question 14

7APD.6

When are proceedings started?

What about if the claim form as issued was recieved in the court office on a date earlier than the date on which it was issued by the court?

Answer 14

when the court issues a claim form at the request of the claimant

the claim is “brought”
for the purposes of the Limitation Act 1980 + any other relevant statute.

Question 15

7APD.6

How will the date on which the claim form was recieved by the court be recorded?

Answer 15

either:
a date stamp

on the C.F. held on the court file
or
on the letter that accompanied the C.F. when it was recieved by the court.

Question 16

7APD.6

Where should an equiry about the date on which the claim form was recieved by the court be directed?

Answer 16

to a court officer

Question 17

7APD.6

Note:

Answer 17

parties proposing to start a claim which is approaching the expiry of the limitation period should recognise the potential importance of establishing the date the C.F. was recieved by the court & should themselves make arrangements to record the date.

Question 18

7APD.6

What if a person seeks to start proceedings against the estate of a deceased defendant where probate or letters of administration have not been granted?

Answer 18

the claimant should issue the claim against “the personal representatives of A.B. deceased”.

the claimant should then, before the expiry period of the period for service of the claim form, apply to the court for the appointment of a person to represent the estate of the deceased.

Question 19

Claims by and against partnerships within the jurisdiction