Commencing Proceedings

Question 1

When should a claim be commenced in the County Court?

Answer 1

• claims worth less than £100,000
• personal injury claims worth less than £50,000
• claims more than £100,000 if relatively simple facts

Question 2

When should a claim be commenced in the High Court?

Answer 2

• when the claim is for more than £100,000 or £50,000 for personal injury claims and
• the case has complex facts or
• the outcome of the case has an element of public interest

Question 3

What is disregarded when calculating the value of a claim?

Answer 3

• interest accumulated
• the legal costs in pursuing the claim
• the costs involved in pursuing any counterclaim
• any amount that may be claimed for contributory negligence

Question 4

What cases are heard in the King’s bench division of the High court?

Answer 4

Contract and tort disputes that are complex and/or involve substantial sums of money

Question 5

What cases are heard in the chancery division of the High court?

Answer 5

Property and business disputes that are complex and/or involve substantial sums of money

Question 6

Who issues proceedings?

Answer 6

The court once the claimant has filed the claim form, the particulars of claim and any supporting evidence

Question 7

How long is the claim form valid for after being issued?

Answer 7

4 months within which the claim must be served on the defendant

Question 8

What are the permitted methods of service for the claim form?

Answer 8

• personal service
• first-class post
• leaving the claim form at a specified place
• fax or other means of electronic communication
• any other method authorised by the court

Question 9

What steps are required for personal service?

Answer 9

1. if the defendant is an individual the claim form should be left with that individual
2. if the defendant is a company the claim form should be left with a person holding a senior position
3. if the defendant is a partnership, the claim form should be left with a partner

Question 10

What is the appropriate place of service for an individual?

Answer 10

Usual or last known residence

Question 11

What is the appropriate place of service for an individual being sued in the name of a business?

Answer 11

Usual or last known residence of the individual or principle or last known place of business

Question 12

What is the appropriate place of service for an individual being sued in the name of a partnership?

Answer 12

Usual or last known residence of the individual or principle or last known place of business of the partnership

Question 13

What is the appropriate place of service for a limited liability partnership?

Answer 13

The principle office of the partnership or any place of business of the partnership within the jurisdiction that has a real connection with the claim

Question 14

What is the appropriate place of service for a corporation in England and Wales?

Answer 14

The principle office of the corporation or any place within the jurisdiction where the corporation carries on its activities and which has a real connection with the claim

Question 15

What is the appropriate place of service for a company registered in England and Wales?

Answer 15

Principle office of the company or any place of business of the company within jurisdiction that has a real connection with the claim

Question 16

If the defendant has instructed solicitors where should the claim for be served?

Answer 16

The claim form must be served on the defendant unless it has been specified that the solicitors can accept service on their behalf

Question 17

What are the CPR regarding how to count days for time limits?

Answer 17

• ‘days’ means clear days so the day on which the period begins is not included
• if the day on which the period ends is a specific date (15 July) then the final day is counted as a clear day
• if the day on which the period ends is by reference to an event (14 days before the hearing) then the date if the event is not regarded as a clear day
• where a period specified is 5 days or less, Saturday, Sunday and bank holidays are not counted

Question 18

If a claim form was issued on the 14 May what date would it need to be served by?

Answer 18

Midnight on 14 September

Question 19

When can the particulars of claim be served if it is separate to the claim form?

Answer 19

Up to 14 days after the claim form provided it does not fall outside the 4 month time period

Question 20

When is a claim form deemed served?

Answer 20

On the second business day after the relevant step has taken place - any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day

Question 21

When is a document, other than a claim form, deemed served by personal service, fax, email or by delivering the document to an address?

Answer 21

• if served before 4.30pm on a business day the deemed date of service is the same day
• if served after 4.30pm on a business day or not on a business day the deemed date of service is the next business day

Question 22

When is a document, other than a claim form, deemed served by first-class post?

Answer 22

• the second day after it is posted if it is a business day
• if the second day after the document is not a business day, the document will be deemed served the next business day

Question 23

If a defence is sent be first-class post on a Wednesday when will it be deemed served?

Answer 23

Friday

Question 24

If a defence was sent by first-class post on Friday when is it deemed served?

Answer 24

Monday

Question 25

Who can make an application to add, remove or substitute a party?

Answer 25

Either an existing party or by a person who wishes to become a party or the court on its own initiative

Question 26

What documents need to be filed with the court to make an application to add, remove or substitute a party?

Answer 26

- the application notice - an amended copy of the claim form and particulars of claim - where a claimant is being added the signed written consent of the new claimant must be filed with the court or the app will not be granted

Question 27

What are the grounds of an application to add, remove or substitute a party within the limitation period?

Answer 27

- it is desirable to add the new party so the court can resolve all the matters in dispute in the proceedings - there is an issue involving the new party and an existing party which is connected to matters in dispute in the proceedings and it is desirable to add the new party so the court can resolve the issue

Question 28

What are the grounds of an application to add, remove or substitute a party outside the limitation period?

Answer 28

- the new party is to be substituted for a party who was named in the claim form in mistake for the new party; or - the claim cannot be properly carried on by or against the original party unless the new party is added or substituted as claimant or defendant; or - the original party has died or had a bankruptcy order made against them and their interest or liability has passed to the new party

Question 29

Can a statement of case (particulars or defence) be amended?

Answer 29

- if it has not been served on the other party then permission of the court is not required - if the document has been served on the other party the party making the application to amend will either need: 1. written consent of all other parties to the action to amend the document 2. permission of the court

Question 30

What is the time limit for a claim form to be served if outside jurisdiction?

Answer 30

Within 6 months instead of 4 month

Question 31

What is required to serve a claim form in an EU country if the English court has jurisdiction?

Answer 31

- if the claim form was issued after 1 Jan 2021 permission from the court to serve the claim form and documents will need to be sought prior to service taking place. - if before 1 Jan 2021 no permission needed

Question 32

What is required to serve a claim form outside the EU?

Answer 32

Permission from the court will have to be sought to serve the claim form and associated documents

Question 33

How can a claim form and documents be served outside the jurisdiction?

Answer 33

Once permission from the court has been obtained, service itself needs to be carried out in accordance with the procedures under the law of the country concerned. The claimant should provide the claim form and other documents to the authorities in England and Wales who then submit that to the authorities in the country in which the defendant is to be served