Commencing a Claim

Question 1

what documents are to be filed on issuing?

Answer 1

o Claim form (Form N1) (3x)
o POC (not compulsory at the point of issue) (3x)
o Cover letter inc. whether C will serve the proceedings
o Court issue fee

Question 2

what are the rules for issuing in the civil national business centre?

Answer 2

• Money claims for a specified amount of money which are less than £100,000 are sent to and issued by the Civil National Business Centre
• Neither C nor D can be a child or protected party
• There can only be 1 or 2 defendants if the claim is for a single amount of money against each of them

Question 2

what claims does the CNBC deal with?

Answer 2

• CNBC keeps undefended claims. Defended claims are sent to the CC.

Question 3

which claims are dealt with in the county court?

Answer 3

PI claims for £50k or less must be commenced in the CC

All other claims for £100k or less must be commenced in the CC

(NB: if the claim is below these thresholds but is particularly compelx or of general public important it may be started in the HC)

Question 4

can a claim which exceeds the CC financial thresholds be commenced in the CC?

Answer 4

yes, if it is straightforward and practical and expedient to do so.

Question 5

what cases does the KBD issue?

Answer 5

primarily deals with actions in contract and tort

Question 5

which claims are dealt with in the high court?

Answer 5

• PI  more than £50k
• All other cases  more £100k
• A judge can transfer a case from the HC to the CC

Question 6

what cases does the chancery division issue?

Answer 6

o disputes arising over land, trusts, contentious inheritance matters, partnership claims and company law. w

Question 7

what cases does the family division issue?

Answer 7

defended divorces and adoption cases

Question 8

what the divisions of the High Court?

Answer 8

o King’s Bench Division
o Chancery Division
o Family Division
o Business and property courts (umbrella term for various courts i.e. TTC, admiral courts)

Question 9

where are cases to be issued by the High Court sent?

Answer 9

Cases are sent to either the Royal Courts or Justice or District Registries which sit outside London.

Question 10

re: service

what happens once a solicitor has been nominated?

Answer 10

• Once a solicitor has been nominated, all documents are served on them (except documents which must be served personally i.e. injunctions)

Question 11

re: service

what is the general position regarding methods of service of claim form and other documents?

Answer 11

• The methods and rules regarding the address for service are the same for service of a claim form and other documents (some minor exceptions), but the date of deemed service is different.

Question 12

re: service

what are the methods of service?

Answer 12

• Personal service
• Delivery of the document to or leaving it at the relevant place
• First class post, DX or other service which provides for delivery on the next business day
• Electronic communication (i.e. fax or email)
• An alternative method (i.e. by text message) with permission of the court (evidence would be required)

Applicable to service of the claim form only:
o If there is a contract which stipulates the method/address of service, it is permissible under the CPR to adhere to this
o C can make an application to allow for service of a claim form on an agent of the principal where:
 The principal is out of the jurisdiction;
 The contract was entered into in the jurisdiction / through the agent; &
 The agent is still in business relations with the principal

Question 13

re: service

explain personal service

Answer 13

o If an individual refuses to accept service it can be left near them
o Partnership  can be left with a partner or person who has control / management of the partnership at its principal place of business
o Company  can be left with a person who holds a senior position i.e. director, treasurer, secretary or chief exec

Question 14

re: service

what is the position regarding email service

Answer 14

D / their solicitor must have expressly stated they will accept service by email

Question 15

re: service

what is the position regarding fax service

Answer 15

a fax number on a solicitor’s (NB: not the party’s) headed paper indicates they will accept service by fax (this does not apply to an email signature)

Question 16

re: service

what are the methods of service applicable to service of the claim form only?

Answer 16

o If there is a contract which stipulates the method/address of service, it is permissible under the CPR to adhere to this

o C can make an application to allow for service of a claim form on an agent of the principal where:
 The principal is out of the jurisdiction;
 The contract was entered into in the jurisdiction / through the agent; &
 The agent is still in business relations with the principal

Question 17

re: service

which address should be used for service?

Answer 17

• D should be served at the address they gave for service (not relevant where there is personal service or where a solicitor has been nominated for service)

Question 18

re: service

if D is an individual and they have not given an address for service, where are they to be served?

Answer 18

Usual or last known address

Question 19

re: service

if D is a sole trader/partnership and they have not given an address for service, where are they to be served?

Answer 19

Usual or last known address of the individual or principal or last known place of business

Question 20

re: service

if D is an LLP/company and they have not given an address for service, where are they to be served?

Answer 20

The principal office of the LLP/company; or any place of business of the LLP/company within the jurisdiction which has a real connection with the claim.

Question 21

re: service

where D has not given an address for service, if C wants to serve to a place not prescribed in the CPR, what must they do?

Answer 21

C would need to apply to the court with evidence the document will be brought to D’s attention i.e. a report from an inquiry agent that D stays at the property three nights a week

Question 22

re: service of the CF in E&W

who will serve the claim form?

Answer 22

• Will be served by court unless C states otherwise

Question 22

re: service of the CF in E&W what is the deadline for service of the claim form?

Answer 22

* C must take the step required before 12:00 midnight on the calendar day 4 months after the date of issue of the claim form (i.e. CF issued 2 Jan must take the step required before midnight on 2 May) o In other words, C only has to despatch the CF within this time limit, the CF need not be deemed served within 4 months of issue

Question 23

re: service of the CF in E&W when can the claim form be served on a solicitor?

Answer 23

* A CF can only be served on a solicitor if: o D has nominated them in writing o D’s solicitor has informed C in writing they are instructed to accept service on behalf of D

Question 24

re: service of the CF in E&W if the limitation period has expired and C fails to despatch in time, what will likely happen?

Answer 24

D will raise the limitation defence

Question 25

re: service of CF outside E&W when must the claim form be served by?

Answer 25

* CF must be served within 6 months of issue

Question 26

re: service of CF outside E&W when is permission to serve the claim form outside the jurisdiction not required?

Answer 26

Permission is not required to serve the CF outside the jurisdiction where: o Serving in Scotland or Northern Ireland (noting rules on service); or o The contract contains an English jurisdiction clause Permission must be obtained in all other cases

Question 27

re: service of CF outside E&W if permission is required, what must the claimant do?

Answer 27

* When the CF is sent to be issued, it must be accompanied by an N244 inc.: o The grounds C is entitled to serve outside the jurisdiction i.e. the contract was made or breached in E&W; the contract is governed by E&W law; or there will be excessive cost if the matter was heard in a foreign court o Evidence that E&W is the proper forum

Question 28

re: service of CF outside E&W if the court grants permission, what will they do?

Answer 28

* If the order is granted, the court will ext. the time for D to respond to the claim

Question 29

re: service of CF outside E&W how is service of the claim form usually effected?

Answer 29

* Service is usually effected through judicial authorities of the state in question or the British Consul

Question 30

re: service when is the claim form deemed served?

Answer 30

* The CF will be deemed served on the second business day after the step required has been taken (regardless of the type of service) o i.e. CF is sent by post on a Monday, it will be deemed to be served on Wednesday o NB: Saturday, Sunday and bank holidays are not business days

Question 31

re: service why is the date of deemed service of the POC important?

Answer 31

because D has 14 days to file an AOS / defence from the date of deemed service of the POC (AOS extends deadline for defence by 14 days)

Question 32

re: service when must POC be filed?

Answer 32

if the POC is not issued with the claim form, POC must be served within 14 days of despatch of the claim form (i.e. not deemed service), but no later than four months after the date of issue of the claim form.

Question 33

re: service what is the position regarding deemed service of all other documents (i.e. not claim form)?

Answer 33

* Personal service, leaving document at permitted place and electronic communication > deemed service is that day if served before 4:30pm and it is a business day. If not, it will be the next business day. * First class post, DX etc > provided it was posted on a business day, deemed served will be the second business day after it was posted

Question 34

re: adding/removing/substituting parties when is the court's permission not required?

Answer 34

* The court’s permission is required unless the CF has not been served

Question 35

re: adding/removing/substituting parties who can make this application?

Answer 35

An application for permission (along with evidence) can be made by either: o An existing party; or o Someone who wants to become a party

Question 36

re: adding/removing/substituting parties when can the claimant be substituted?

Answer 36

* No one can be substituted as C unless they have filed written consent with the court and provided amended documentation

Question 37

re: adding/removing/substituting parties what is the position when the application is made within the limitation period?

Answer 37

permission will be granted if it is desirable to: o Add a new party to resolve a dispute; or o Remove a party; or o Substitute a party where the existing party’s interest or liability has passed to them

Question 38

re: adding/removing/substituting parties what is the position when the application is made outside the limitation period?

Answer 38

a party can only be added or substituted (NB: a party cannot be removed) if the limitation period was current when proceedings were issued and: o The original party was named by mistake; o The original party has died; o The original party is subject to a bankruptcy order and their interest or liability has passed to the new party; or o The claim cannot be carried on without the new party

Question 39

re: adding/removing/substituting parties give an example of when C may want to add a party

Answer 39

C brings a negligence claim against D following RTA. Transpires a pedestrian stepped out into the road. C may want to add them as a 2nd D.