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Starting the Claim - Coggle Diagram
Starting the Claim
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Statements of case
Every statement of case
Formal case heading at top, statement of truth at end
Case heading: must include: 7A PD 4.1: court/division claim proceeding, claim number, full name of each party and party status in proceedings
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If does not comply with standards, may require formal amendments by court which takes up time (and cost consequences)
Must contain: 5A PD 2: numbered paragraphs, pages numbered consecutively, all numbers and dates in figures, reference in margin to every doc referenced that is already filed at court, name person who drafted, statement of truth
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Particulars of Claim
Must include: concise statement of facts C wishes to rely on CPR 16.4(1)(a) and elements for the cause of action
Law and evidence given later, not in particulars
CPR 16.4 must set out aggravated, exemplary, provisional damages and grounds for claiming
PI: Include C's date of birth, injuries, attach a schedule of past and future expenses losses and report of medical expert relied on 16 PD 4
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Where based on oral agreement, should include words spoke, by whom, when, etc 16 PD 7.4
Where claim based on conduct, must outline details of conduct relied on 16 PD 7.5
Rules on past convictions, fraud, illegality, unsoundness of mind 16 PD 8
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Interest claims should be set out: legal basis for this could be from : contract, Statutory right S35A Senior Courts Act 1981 (HC) or S69 County Courts Act 1984
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Where claiming through a statutory right to interest, court has discretion whether to award interest and amount
PI: damages over £200, interest must be awarded unless reason not to
where debt repaid during proceedings, some interest must be awarded, amount in court discretion
The 'prayer' is a summary of remedies sought, before the final formalities
Service
Claim Form
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Time limit: the 'relevant step' to service the claim form must be completed before 12.00(am) on the day four months after the date of issue of the claim form
Relevant step: leaving claim form with D, posting form, leaving with DX, completing transmission of fax, sending the email,
If claim form not served within the time limit the claim automatically fails. If C still wants to pursue, will have to issue another claim within limitation period
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Particulars of claim (serve in claim form, separate document with claim form, or to follow after claim form)
If particulars contained in/served with claim form, C must also serve response pack (N9) with claim form and particulars- CPR 7.8(1)
Response pack (N9) contains form for admission, form for defending, form for acknowledging service
If particulars not served with claim form, must be served within 14 days of service of the claim form, also within period of validity of the claim form (within 4 months of issue) CPR 7.4(2). N9 (response pack) should be served with particulars in this case
Once particulars served, C must file a copy at court within 7 days of service, unless already been filed (CPR 7.4(3)
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Deemed dates of service
Claim Form (why we need- service of particulars time limit for C, serving response to claim form deadline based on this if particulars served with claim form)
Claim form deemed served, second business day after completion of the relevant step CPR 6.14 (business day means any day except weekends, bank hols, good friday or christmas CPR 6.2)
Particulars of claim
If served within claim form, served when claim form served. If served with claim form as separate doc, it is ambiguous and should go off whichever rules need earlier deadlines
If served separately to claim form (within 14 days after deemed date of service of claim form CPR 7.4(1)(b)
Deemed date of service for all other docs (inc particulars) varies according to method chosen CPR 6.26
Instant methods: personal service, fax, email, leaving at permitted address: if done before 4.30pm on a business day, deemed served the same day. Otherwise: next business day
Non-instant method: post/DX- deemed served second day after posting (if relevant step on a business day). Otherwise: deemed served next business day