Which court and Limitation (W3) Flashcards
7APD.2: Which court?
- Proceedings can’t be started in the High Court unless the value of the claim is more than £100,000
- Personal injury claims cannot be started in the High Court unless the value of the claim is £50,000 or more
- A claim must be issued in the High Court/County Court if an enactment requires it to be
- Where there is a choice (£100k+), a claim should be started in the High Court if by reason of (1) financial value and/or (2) complexity and/or (3) importance of outcome to public in general the claimant believes the claim should be dealt with by a High Court judge.
7APD.2: Which court?: claim relating to Business and Property work under the jurisdiction of the Business and Property couts
- may, subject to any enactments, be dealt with in High Court or County Court
- claim form should if issued in the High Court be marked in top right hand corner ‘Business and Property Courts’ and, if issued in the County Court, be marked in top right hand corner ‘Business and Property work’
How is the value of a claim determined?
- The value of a claim is its financial worth (CPR 16.3(6))
- Disregard: (1) interest, (2) costs, (3) counterclaims, (4) contributory negligence, (5) deduction of social security
Transfer between courts
- Court may transfer cases between High Court and County Court (CPR 30)
- Can order the claimant to pay the costs of the transfer
- If a matter continues in the High Court, there is a separate sanction for beginning a matter in the HC when it should have started in the CC. Any costs awarded in the claim can be deducted by up to 25%, at the court’s discretion (s 51 SCA)
How is a claim issued at court?
Claimant’s solicitors must take/send to court:
1) Copies of the claim form (Form N1
(2) Court issue fee
- These are the minimum required to issue proceedings
Issuing High Court claims
- Date of issue on the claim form stops time running for limitation purposes and starts time running for time in which the claim form must be served
- Court will stamp covering letter with date of receipt which will stop time running for limitation
- Court issues claim form by entering date of issue, giving the case a claim number and sealing all copies
- Court creates a case management file
Issuing County Court claims
- Date of issue has same significance
- most claims should be issued in the County Court Money Claims Centre by sending the claim form (Form N1) to the centre and paying the issue fee; the centre manages them until a hearing is required, at which point they are transferred to a local county court hearing centre
- Claims which are not money-only claims can be issued at any of the County Court Hearing Centres by sending in Form N1 and fee
- Claimant will specify preferred County Court hearing centre on the form
Money Claim Online
- quick and cost-effective for simple claims
- can only be used for money claims up to £100,000 which are against no more than 2 defendants
- claim form is served in usual way, but defendant may respond through online service
- if defended, claim will be transferred to local county court hearing centre
County Court Business Centre
Users who are going to issue many claims (e.g. utility companies) can become registered users at the Northampton County Court Business Centre which provides service for bulk users
What happens if proceedings are not commenced within the relevant limitation period?
The claimant will be barred from recovering damages and the defendant will have a full defence.
s 11 LA 1980 - Personal injury claims
Must be brought within 3 YEARS of the latest of:
(a) the date when the cause of action accrued
(b) the date of knowledge of the person injured
s 12 LA 1980 - Fatal accidents
(a) Claim cannot be brought if the person injured could no longer bring a claim: in most cases, apply personal injury rules from the injured person’s perspective
(b) Claim cannot be brought after 3 YEARS from the later of:
(i) Date of death
(ii) Date of knowledge of the dependent
s 14 LA 1980 - Date of knowledge
Means knowing:
(a) That the injury was significant;
(b) That it was attributable (at least in part) to the alleged wrongdoing;
(c) The identity of the defendant;
(d) If it is alleged that the wrongdoing was by someone other than the defendant, the identity of that person and the additional facts supporting bringing the claim against the defendant
- It is knowledge of the facts that begins the limitation period running, they do not have to realise they have a claim in negligence
- Dates of knowledge include knowledge the claimant might reasonably have been expected to acquire
s 33 LA 1980 - Extensions of time
- Court can extend time if it would be equitable
- Court will look at:
(a) conduct of parties
(b) reasons for the delay
(c) effect of such a late claim on the evidence
s 10 LA 1980 - Contribution
- Some cases in which a person liable for damage can claim a contribution from another person e.g. under s 1 Civil Liability (Contribution) Act 1978
- In those circumstances, the limitation date is 2 years from the date on which the right to recover the contribution arose. This is calculated as:
(a) The date when judgment was given imposing liability on the first party
(b) In cases where the first party agreed to make the payment, the date on which the amount to be paid was first agreed.
ss 14A and 14B - Negligence actions where facts relevant to the cause of action are not known at the date of accrual
- Does not apply to personal injury claims
- Where an act of negligence causes damage that the claimant might be unaware of for a long time
- In negligence claims, the limitation period is extended to the later of:
(a) 6 years from when the cause of action accrued
(b) 3 years from when the claimant had the requisite:
(i) knowledge; and
(ii) right to bring a claim (s 14A) - Subject to a long-stop limitation date of 15 years from the date of the latest negligent act/omission which caused all/part of the damage (s 14B)
- Date of knowledge is defined the same as personal injury cases, except rather than knowing ‘the injury was significant’, the claimant needs to know ‘the material facts about the damage’ (s 13)
- It is knowledge of the facts; don’t have to realise they have a claim in negligence
- Date of knowledge includes knowledge claimant might reasonably have been expected to acquire
s 24 - Judgments
An action to enforce a judgment cannot be brought after 6 years from when the judgment became enforceable, nor can interest be recovered after that period.
ss 2 and 5: General rules
- Action in tort: 6 years from when cause of action accrued (s 2)
- Action in contract: 6 years from when cause of action accrued (s 5)
s 28: Disability
If claimant is under a disability at the time at which the cause of action accrued, limitation period starts to run from when the disability ends and is:
(a) 2 years for contribution claims
(b) 3 years for personal injury/fatal accident
(c) 6 years in most other cases
- A person is under a disability when they are a minor or lacks mental capacity to conduct proceedings within the meaning of the MCA 2005 (s 38)
s 32: Fraud/concealment/mistake
Where a claim is:
(a) based on fraud, or;
(b) any fact relevant to the cause of action has been deliberately concealed by the defendant; or
(c) the action is for relief from the consequences of a mistake; then
limitation does not start to run until the claimant discovered the fraud, concealment or mistake, or could with reasonable diligence have discovered it.
