Commencing Proceedings

Question 1

What is a claim form?

Answer 1

Form used to start proceedings in England and Wales and will include brief summary of the claim

Question 2

What are the particulars of claim?

Answer 2

Sets out the material facts and the legal cause of action being brought by the claimant

Question 3

When should claims always be issued in the County Court?

Answer 3

• if they are worth less than £100,000
• if it is a personal injury claim worth £50,000 or less

Question 4

Where will a claim worth more than £100,000 be issued?

Answer 4

Will depends on the facts. Either County Court or High Court.

High Court more appropriate where:

• the case has complex facts
• the outcome of the case has an element of public interest

Question 5

What should be disregarded in assessing the financial value of a claim?

Answer 5

• 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 (eg where the claimant has contributed to their injuries by their own negligence)

Question 6

What disputes does the King’s Bench Division hear? What special courts make up the KB?

Answer 6

• complex/high value contract and tort cases
• the administrative court
• the admiralty court
• the commercial court
• the mercantile court
• the technology and construction court

Question 7

What disputes does the Chancery Division hear?

Answer 7

• business or property disputes that are complex and/or involve substantial sums of money
• land and property disputes
• mortgages
• trusts, administration of estates and probate matters
• bankruptcy
• partnerships and company matters
• intellectual property

Question 8

What special courts are in the chancery division?

Answer 8

• insolvency and companies court
• the intellectual and property enterprise court
• the patents court

Question 9

Who issues proceedings?

Answer 9

The court not the claimant

Question 10

When does the court issue proceedings?

Answer 10

Once the claimant has filed the claim form, the particulars of claim and any supporting evidence

Question 11

How does the court issue proceedings?

Answer 11

By sealing the claim form and allocating a claim number to the case

Question 12

Once the claim form has been issued, when must the claimant serve it on the defendant?

Answer 12

Within 4 months

Question 13

What information is needed to complete the claim form?

Answer 13

• claimant name and address
• defendant name and address
• brief details of claim
• claim value
• preferred County Court hearing centre for the hearings
• defendant’s address for service
• particulars of claim
• statement of truth
• claimant’s of their legal representative’s address for correspondence

Question 14

What are the two elements of validly serving the claim form?

Answer 14

• need to identify the appropriate method of service
• then claimant needs to take the relevant step to effect service

Question 15

How is personal service done if the defendant is an individual?

Answer 15

Claim form should be left with the individual

Question 16

How is personal service done if the defendant is a company or corporation?

Answer 16

Claim form should be left with a person holding a senior position within the company or corporation

Question 17

How is personal service done if the defendant is partnership?

Answer 17

Claim form should be left with a partner or a person who at the time of service has the control or management of the partnership business at its principal place of business

Question 18

How is service effected when it is by first-class post or DX?

Answer 18

Posting, leaving with, delivering to or collection by the relevant service provider

Question 19

How is service effected when it is by leaving the claim form at a specified place?

Answer 19

By delivering to or leaving the document at the relevant place

Question 20

What methods of service are effective for the claim form?

Answer 20

• personal service
• first class post or DX
• leaving the claim form at a specified place
• fax or other means of electronic communication (if expressly confirmed by recipient that they are happy to receive that way)
• any other method authorised by the court

Question 20

How is service effected when it is by fax or other means of electronic communication?

Answer 20

By completing the transmission of the fax

Sending the email or other electronic transmission

Will only be effective where the recipient has expressly confirmed that they are happy to accept service by fax or email

Question 21

Where is the correct place to leave a claim form if they are an individual?

Answer 21

Usual or last known residence

Question 22

Where is the correct place to leave a claim form if they are an individual being sued in the name of business (sole trader)?

Answer 22

Usual or last known address of individual

OR

Principal or last known place of business

Question 23

Where is the correct place to leave a claim form if they are an individual being sued in the name of business (partnership)?

Answer 23

Usual or last known address of individual

OR

Principal or last known place of business of the partnership

Question 24

Where is the correct place to leave a claim form if they are Limited Liability Partnership?

Answer 24

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

Question 25

Where is the correct place to leave a claim form if they are corporation incorporated in England and Wales?

Answer 25

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

Question 26

Where is the correct place to leave a claim form if they are company registered in England and Wales?

Answer 26

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

Question 27

What are the rules in relation to days in the CPR?

Answer 27

- day on which the period begins is not included - if the day on which the period ends is a specific date ie 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 (ie a hearing) then date of event is not regarded as a clear day - where a period specified is five days or less, Saturdays, Sundays and bank holidays are not counted

Question 28

When does the period for serving a claim form expires?

Answer 28

4 months after issue at midnight

Question 29

When does the particulars of claim have to be served?

Answer 29

Up to 14 days after the claim form and within 4 month period since issue of claim form

Question 30

When is a claim form deemed served?

Answer 30

On the second business day after the relevant step has been taken. Business days is any day excluding Saturday, Sunday, bank holidays, good Fridays or Christmas Day

Question 31

What is the rule for deemed date of service of a document other than the claim form if it is being served by personal service, fax, email or by delivering the document to an address?

Answer 31

If served before 4:30 pm on a business day the deemed date of service is that same day. If served after after 4:30pm on a business day or not a business day, the deemed date of service is the next business day

Question 32

What is the rule for deemed date of service of a document other than the claim form if it is being served by first class post or DX?

Answer 32

The second business day after it is posted eg if sent on Wednesday will be deemed served Friday. If second day is not a business day, document will be deemed served the next business day

Question 33

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

Answer 33

- an existing party - someone who wishes to become a party - the court on its own initiative

Question 34

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

Answer 34

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

Question 35

What are the grounds for adding a party to the claim within the limitation period?

Answer 35

Applicant needs to show - 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 the matters in dispute in the proceedings and it is desirable to add the new party. so the the court can resolve that issue

Question 36

What are the grounds for adding a party to the claim outside the limitation period?

Answer 36

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

Question 37

What must happen if the court grants an order ordering a party to be added, substituted or removed?

Answer 37

A copy of the order must be served on every party to the proceedings and on any other person affected by the order

Question 38

When is the permission not required to add or amend a cause of action?

Answer 38

- if the document has not been served on any other party to the proceedings

Question 39

When is the permission required to add or amend a cause of action?

Answer 39

If the document has been served. Need either: - the written consent of all other parties to the action to amend the document - permission of the court

Question 40

When must a claim form be served if it is outside of jurisdiction?

Answer 40

Within six months of date of issue

Question 41

When will permission of the court be necessary to serve claim forms in EU?

Answer 41

If issued after 1 January 2021

Question 42

What are the methods of service for service outside of jurisdiction?

Answer 42

Service needs to be carried out in accordance with the procedures under the law of the country concerned. Claimant should provide claim form and other documentation to authorities in England and Wales who then submit that to the authorities in the country which D is to be served. Foreign authorities will then serve the document and provide a certificate