Where would a claim under £100,000 be started?
County court
All money-only claims to the CNBC
At what value point can a personal injury claim be started in High Court?
£50,000
What are some considerations for the methods of sending a claim form to the defendant?
Can be hand delivered to them
If post, first class delivery or DX if number provided
Fax or email only allowed if explicitly stated, but fax number on letterhead counts as acceptance
Other forms can be send by email or fax
If particulars of claim come after the claim form, when do they need to come by?
Within 14 days
But if there’s less than 14 days left in that 4 month period, it will eat into that time
What is the deemed service of a claim form?
2 business days
example; Friday = Tuesday
What is the deemed time of service for the following delivery methods:
Personal service
Delivering the document to a permitted address
Fax
Email
If served before 4.30pm on a business day, on that day
If not, on the next business day
What is the deemed time of service for the following delivery methods:
First class post or DX
The second day after it was posted provided that day is a business day
If not, on the next business day
If a defendant responds to a claim admitting partially, what must the claimant do then?
Respond to that partial admissal within 14 days
What can a defendant do if they need more time than 14 or 28 days to file their defence?
Agree with the claimant to extend a further 28 days and notify the court of this in writing
If even more time is needed, must apply to court before deadline
What are the discretionary grounds for setting aside a default judgement?
The other ground would be mandatory
Real prospect of defending the claim
Other good reason
(Form N244), which is usually supported by a witness statement outlining the defendant’s submissions, along with a draft of the order sought to assist the judge
When would I need court’s permission to discountinue a claim?
- Where the court has granted an interim injunction
- Where any party has given an undertaking to the court
- Where an interim payment has been made, unless the defendant who made the payment consents in writing
- If there is more than one claimant, unless every other party consents in writing
A defendant wishing to dispute jurisdiction should…
Not file a defence
Indicate their dispute on an acknowledgement of service, within 14 days file for this
The statement of truth in a claim form can be signed by…
A partner, or a person having the control or management of the partnership business, or the partnership’s solicitor
Exchange of witness statements should take place…
10 weeks from the date of allocation to the fast track
When can an application to add/remove/substitute a party be made within the limitation period?
hint, within limit = desire
If it is desirable to:
add a new party to resolve matters in dispute, or
remove a party, or
substitute a party where the existing party’s interest or liability has passed to them
bonus = you can make an application without permission
What is the rule for adding or subbing in applications outside the limitation period?
A party may only be added or substituted if the limitation period was current when proceedings started
What additional conditions must be satisfied to add/substitute a party outside the limitation period?
hint, outside limitation = cannot properly continue
One of the following must apply:
the original party was named by mistake, or
the original party has died/is bankrupt and their interest or liability has passed to the new party, or
the claim cannot properly continue without the new party
If I’m serving on an international body, when would I not need court permission?
If they’ve already been served
If I served them in England, despite them being a foreign body
If our contract has English/Welsh juris.
Admin procedure for discontinuance?
If no court permission is needed, the claimant files and serves anotice of discontinuance (Form N279)on all parties
If consent is required, it must be attached
The claim ends against the defendant on the date the notice is served
Pre-action settlement protocol?
Simple settlements may be recorded in correspondence (letters/emails)
butcomplex agreementsshould be set out in aformal settlement agreement
