Commencing Proceedings

Question 1

Part 7 where:

Answer 1

• Likely to be a substantial dispute of fact

- No rule or PD requires Part 8

Question 2

Part 7 procedure

Answer 2

• Pay issue fee
• Form stamped (issued) at Court
• Claim number allocated
• Court opens file
• Limitation stops when brought
• Must contain a statement of truth and a response pack

Question 3

Part 7 venue

Answer 3

Specified or unspecified sum in CC = designated money claims = Court Money Claims Centre in Salford and transferred if D files a defence

Question 4

Part 8 where:

Answer 4

• No substantial dispute of fact

- Part 8 required by PD or rule

Question 5

Part 8 procedure

Answer 5

• Statement that Part 8 applies
• Question that C would like court to decide
• Remedy C seeks
• Serve written evidence at the same time as the claim form is served

Question 6

Part 8 response

Answer 6

• D acknowledges service
• Whether D contests the claim
• Whether D seeks a different remedy
• If disputes Part 8 usage and why

Question 7

Claim Form time limits

Answer 7

• 4 months within jurisdiction

- 6 months outside jurisdiction

Question 8

Service hierarchy

Answer 8

• Personal service
• Authorised solicitor
• Service at a particular address given

Question 9

Claim form for individual

Answer 9

Last known residence

Question 10

Individual in name of business

Answer 10

Last known residence/place of business

Question 11

Individual in business name of partnership

Answer 11

• Last known residence of individual
• Place of business of partnership
• Principal office of partnership
• Any place of business of the partnership within the jurisdiction with a real connection with the claim

Question 12

LLP

Answer 12

• Principal office

- Any place of business with real connection

Question 13

Corporation (E&W)

Answer 13

• Principal office

- Any place where it carries on its activities and which has a real connection with the claim

Question 14

Company (E&W)

Answer 14

• Principal office

- Any place of business etc.

Question 15

Last known address

Answer 15

Must take reasonable steps to ascertain D’s current address, then alternative service, then old address

Question 16

Methods of service

Answer 16

• Personal
• Post/Next Day/DX
• Leaving at the address
• Electronic methods (only where party has previously indicated willingness to accept by fax/email)
• Contractually agreed
• Other method authorised by the court

Question 17

Deemed date of service for claim forms

Answer 17

Second business day after completion of the relevant step

Question 18

Other documents

Answer 18

• Post = second day after it was posted (if a business day; if not, the next business day after that)
• Email/fax/left = same day if business and pre-4.30, else next business day

Question 19

Extension of service

Answer 19

• By written consent of both parties
• With Court permission - all reasonable steps to service, or court’s failure, and acted promptly (w/ evidence and no notice necessary)

Question 20

Service on a child

Answer 20

Parents/guardians/other carer

Question 21

Who can be a litigation friend?

Answer 21

• Can fairly and competently conduct proceedings on behalf of the child
• Has no interest adverse to that of the child
• Can pay any costs the child may be ordered to pay (if C)

Question 22

Settlements w/ litigation friend

Answer 22

• Must be approved by the court

- If no proceedings, Part 8 application including all details