Workshop 1

Question 1

Pre-Action Protocols for Personal Injury Claims Steps

Answer 1

1. Claimant writes a Letter of Notification to potential Defendant
2. Rehabilitation needs to be considered
3. Letters of Claim written by the Claimant
4. Defendant acknowledges Letter of Claim within 21 days
5. Defendant investigates and sends a Letter of Response within 3 months of the letter of acknowledgement
6. Parties disclose documents

Question 2

Practice Direction Steps

Answer 2

1. C writes a Letter of Claim
2. Within reasonable time D sends Response Letter
3. Either accept or reject claim
4. Parties disclose documents

Question 3

When can a claim be bought to a High Court OR County Court (threshold) for Personal Injury claims?

Answer 3

When the value of the personal injury claim is greater than £50,000

Question 4

When can a claim be bought to a High Court OR County Court for other cases excluding Personal Injury?

Answer 4

When the value of the claim is over £100,000

Question 5

What is the value of a claim which can be just shown to a County Court for Personal Injury?

Answer 5

When the claim is valued at less than £50,000

Question 6

What is the value of a claim which can be shown just at a County Court for non-Personal Injury claims?

Answer 6

When the claim is valued at less than £100,000

Question 7

What factors determine the value of a claim when deciding whether it should be shown in a County or High Court?

Answer 7

Interest
Cost
Counterclaims
Contributory Negligence
Deduction of Social Security benefits

Question 8

What factors can help determine whether a claim should be issued at either County Court or High Court excluding value?

Answer 8

Complexity of facts
Legal Issues
Remedies
Procedures
OR
Importance to the public

Question 9

What is the Form N1?

Answer 9

Claim Form from Claimant

Question 10

Can a party transfer the choice of Court when dealing with a claim? If so, how?

Answer 10

Yes, to transfer a claim the court considers whether it should remain in the court of issue.

Question 11

What are the consequences of getting the court wrong when attempting to transfer?

Answer 11

The court. may transfer the case and order the C to pay the cost of the transfer.
There is also a penalty of a deduction of 25% from the potential costs awarded in the claim.

Question 12

How is the claim form issued?

Answer 12

Court file
Defendant
Claimant

Question 13

What happens once the Letter of Claim reaches the High Court? Steps.

Answer 13

1. Court stamps the covering letter with the date- stops limitation period
2. Documents took in person and issued the same day
3. Seals and dates the claim form
4. Court creates a case management file and places its own sealed copy of the claim form on the file

Question 14

What happens once the Letter of Claim reaches the County Court?

Answer 14

1. Date of issues
2. County Court claims are issued centrally
3. Most claims in the country for money should be issued in the County Court Money Claims Centre

Question 15

What is the Money Claims Centre?

Answer 15

Online service for County Court provided by HMCTS
Claimant registers with the money claim online service and completes the online claim form

Question 16

How is a claim form serviced to the court?

Answer 16

• The Claim Form is normally sent via first-class post.
• Once serviced, a notice is used to Claimant on the deemed date of service
• Claimant needs to serve claim form to D

Question 17

How is a claim form serviced by the Claimant or Claimant solicitor themselves?

Answer 17

• C/CS needs to notify the court when issuing the claim form that they do not with the court to do it.
• The court gives or sends the C/CS-issued claim with sealed copies for service
• CS must file a certificate of service at court within 21 days of service
• It is not necessary to file a certificate of service if all of the D has filed an acknowledgement of service within that time.
• D can personally serve wherever they are found within the jurisdiction