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STARTING PROCEEDINGS (CPR 7.2) (CLAIM FORM (CPR 7.5) C must complete step…
STARTING PROCEEDINGS (CPR 7.2)
PARTICULARS OF CLAIM (CPR 7.4)
Must be
contained in / Served with
Claim Form OR
Served on D
within 14 days
after service of Claim Form. But claim form must contain a statement that particulars of claim will follow. Must be verified by statement of truth.
Particulars of Claim must be served no later than the latest time for serving a claim form
Where a C serves particulars of claim, then unless a copy of the particulars has already been filed, the C must
within 7 days
of service on the D, file a copy of the particulars.
CLAIM FORM (CPR 7.5)
C must complete step required
before 12 midnight
four months
after the date of issue of the claim form. Must be verified by statement of truth
First Class Post/ Document Exchange
Posting/ Leaving with/ Delivering to/ Collection by relevant service provider
Personal Service
Individual - Leave with individual
Company / Corporation - leave it with a person holding senior position
Partnership - Leave with partner/ person who at the time of service has control of business
Fax / Electronic Method
Completing the transmission
Proceedings start
when court issues a claim form
at request of claimant
Claim form is issued on the date entered on the form of the court (recorded by a date stamp either on claim form or letter accompanying claim form).
CPR 7.3: C may use one claim form to start 2/more claims
But when Claim form as issued was received in the court office
on a date earlier than the date on which it was issued by the court,
the claim is "brought" on that relevant earlier date
If starting proceedings against the estate of a deceased, should issue claim against
"the personal representatives of the A.B. deceased"
. The C should then, before the expiry of period for service of the claim form, apply to the court for the appointment of a person to represent the estate of the deceased.
Proceedings in
High Court
must be more than
£100,000
Proceedings which include a claim for damages in respect of
personal injury
cannot start in
High Court
unless
£50,000
or more
A claim must be issued in the High Court/ County Court if an enactment so requires
Subject to the amount, A claim should be started in the High Court if by reason of:
The
financial value
of the claim and the amount of dispute,
The
complexity
of the facts, legal issues, remedies or procedure involved
The i
mportance of the outcome
of the claim to the public in general
The C believes that the claim ought to be dealt with in the High Court
Title of claim form and every statement of case must state
1) The number of proceedings
2) The court/ Division in which they are proceeding
3) Full name of each party
4) Each party's statues in the proceeding (C/D)
Extension of time for Serving Claim Form CPR 7.6
GR: Application must be made within the 4 month period
Marshall v Maggs - Court can allow an applucation to extend time prospectively without being satisfied that C has taken reasonable steps to comply as is required in the retrospective application under 7.6(3)
Must have good reasons for an extension of time.
NOT GOOD REASONS even if there might be sufficient reasons:
one of the 2 D had not reply to the letter of claim
Accountant report with regard to the quantum arrived late and hence delay in drafting the particulars of claim.
Incompetence/ oversight by the C or waiting some other development in the case might not amount to good reasons.
7.6(3) If at the end of the period, the court may make such an order only if
i) Court
failed to serve a claim form
, OR
ii) C has
taken all reasonable steps
to comply with the time limit but unable to do so
AND
iii) C has
acted promptly
in making the application
include cases where the court has not even tried to serve the claim form through neglect.
Reasonable Steps?
Not Accepted Cases
Difficulty in preparing scheldule of special damages
C served claim form on D when solicitor was nominated. C realised the mistake and could have faxed the claim form to D's solicitor within time limit.
C faxed claim form to D's insurers on the last day of the four month period
Application must be supported by evidence and may be made without notice
Evidence must state:
1) All the circumstances relied on
2) the date of issue of the claim
3) The expiry date of any rule 7.6 extension AND
4) a full explanation as to why the claim has not been served.