Where to start proceedings?

Question 1

What do you take into account when determining where to start proceedings?

Answer 1

assessing the value of the claim

Question 2

What do you take into account when assessing the value of an action?
And what does that consist of

Answer 2

The amount of money which would consist of:

1. Look at what C reasonably expects to recover
2. including s22(2) social security act 1989- secretary state required to be paid
3. amount C states to be the financial worth of the claim, where relief sought is not monetary
4. the aggregate value of the claim when there are multiple claims

Question 3

What do you disregard when assessing the value of the claim?

There’s 6.

Answer 3

1. any sum not in dispute
2. interest
3. costs
4. other relief
5. contrib neg, if admitted
6. counter claim or defence that may include a set off
7. possible further damages

Question 4

What would it be reduced by (when assessing the value)?

Answer 4

Debt

Question 5

What happens when the claim is unquantifiable?

Answer 5

Where one claim in multiple claims is unquantifiable, the value is also unquantifiable

Question 6

What happens when there’s more than one C?

Answer 6

look at the aggregate of the expectations of all interests of all C’s

Question 7

How do you start proceedings

Answer 7

issue a CF at the correct court

Question 8

What does it mean to bring a claim?

Answer 8

To start proceedings