Chapter 5

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Questions and Answers

What must the court be satisfied with to add or substitute a new party in a claim?

The original party was unaware of the claim being made.

The new party is a better representative for the original party.

One of the specified conditions in the rules is met. (correct)

The new party voluntarily agrees to join the case.

When is a solicitor personally liable for costs in court proceedings?

If they represent a client in an unrelated matter.

If they receive conflicting instructions from clients.

If they fail to file necessary documents on time.

If they act without the authority of their client. (correct)

Which of the following scenarios does NOT warrant the addition of a new party?

A new party wants to add a claim against the original defendant. (correct)

An error occurred in naming the original party in the claim form.

The original claimant has died and their interest is transferred.

The original defendant has become bankrupt and their claims have passed.

What is a condition that must exist for a solicitor to continue after receiving instructions from one of multiple clients?

The solicitor must verify that all clients agree with the instructions. (D) Signup and view all the answers

What must occur after a claim form has been issued by the court?

A sealed copy must be served on the defendants. (A) Signup and view all the answers

Under what conditions should a claim be started in the High Court?

If the claim is complex and has significant public importance. (D) Signup and view all the answers

Which type of claims can individuals use the Money Claim Online (MCOL) system for?

Claims for fixed amounts under £100,000 with one claimant. (C) Signup and view all the answers

Where should a claim form N1 be sent if it is initiated in the County Court for a specified amount?

To the Civil National Business Centre in Northampton. (B) Signup and view all the answers

If a specified claim initiated in the County Court requires a hearing, where is it typically transferred to?

To the claimant’s preferred hearing centre. (D) Signup and view all the answers

Which of the following statements about exclusive jurisdiction of the High Court is accurate?

Exclusive jurisdiction applies only to certain types of case beyond basic monetary claims. (C) Signup and view all the answers

What is the role of PD 7A in relation to the initiation of claims?

It defines guidelines for claims that should be commenced in the High Court. (A) Signup and view all the answers

What is a requirement for individuals wishing to submit a claim through MCOL?

The claim must not exceed £100,000 and involve only one claimant. (C) Signup and view all the answers

In which situation should a claim be commenced specifically in the High Court rather than the County Court?

When the complexity or value of the claim necessitates a High Court judge's involvement. (D) Signup and view all the answers

What must a legal representative confirm before signing a statement of truth on behalf of a client?

That the client has authorized them to sign the statement (B) Signup and view all the answers

What does signing a statement of truth signify regarding the client's belief in the document's accuracy?

The client is expressing their honest belief in the stated facts (B) Signup and view all the answers

What are the possible consequences for a client if it appears they did not have an honest belief in the truth of the facts stated?

The client could be subject to proceedings for contempt of court (D) Signup and view all the answers

What happens if a statement of case is not verified by a statement of truth?

It remains effective unless the court strikes it out (B) Signup and view all the answers

What is the role of the court in relation to a statement of case that is not verified?

The court may strike it out on its own initiative (C) Signup and view all the answers

When issuing a claim form, what information does the court assign?

A claim number to the submission (A) Signup and view all the answers

Which section discusses the responsibilities of legal representatives regarding statements of truth?

Para 3.7 of PD 22 (D) Signup and view all the answers

Which division of the High Court is relevant when issuing a claim from Weyford District Registry?

King’s Bench Division (A) Signup and view all the answers

What must a claimant do before commencing proceedings against a limited company?

Carry out a company search to confirm the corporate status (C) Signup and view all the answers

In which case did the Supreme Court rule on the possibility of suing unnamed defendants?

Cameron v Liverpool Victoria Insurance Co Ltd (B) Signup and view all the answers

What is the general rule regarding legal proceedings against unnamed parties?

No proceedings may be brought against unnamed parties (A) Signup and view all the answers

Which of the following actions is allowed against unnamed defendants according to CPR 55.3(4)?

Claims for possession of property against unknown trespassers (A) Signup and view all the answers

What can English judges allow in cases involving unnamed wrongdoers?

Actions and orders against known wrongdoers while representing their unidentified associates (C) Signup and view all the answers

In the case of Bloomsbury Publishing Group Plc v News Group Newspapers Ltd, who was the claimant?

The publisher of the Harry Potter novels (B) Signup and view all the answers

What information must be confirmed about a limited company before legal action is taken?

The registered address of the company (B) Signup and view all the answers

What method has been used according to EMI Records Ltd v Kudhail for actions against copyright pirates?

Representative actions where some individuals can be named (A) Signup and view all the answers

What conditions must be met for a new party to be added to proceedings according to Rule 19.2?

It must be desirable to resolve all matters in dispute. (B) Signup and view all the answers

When can a person cease to be a party to proceedings?

If their presence is not desirable. (A) Signup and view all the answers

What must accompany an application to add or substitute a party?

Evidence supporting the motion. (B) Signup and view all the answers

Under Rule 19.6, when can a new party be added after the limitation period has ended?

If the relevant limitation period was current when proceedings began. (B) Signup and view all the answers

Which of the following is NOT a reason for the court to substitute a new party?

The new party has a more favorable case. (C) Signup and view all the answers

Who may apply for permission to add or substitute a party in the proceedings?

An existing party or a person wishing to become a party. (A) Signup and view all the answers

Which statement about the rights of claimants is true?

Their consent must be given in writing and filed with the court. (D) Signup and view all the answers

In which situation would it be appropriate to substitute a defendant in a case?

If the existing party’s interest or liability has passed to the new party. (D) Signup and view all the answers

What is a primary duty of a person in a position of responsibility regarding self-interest?

To prioritize the interests of others. (D) Signup and view all the answers

What happens if a claimant is unable to serve the claim form within the initial timeframe?

The court has discretion to extend the period. (C) Signup and view all the answers

Under what condition can the court extend the time for service retrospectively?

If the service was obstructed by external factors. (A) Signup and view all the answers

In the case of Vinos v Marks & Spencer plc, why was the application for an extension dismissed?

There was no valid explanation for the delay. (C) Signup and view all the answers

What is the fundamental principle involved when a defendant argues forum non conveniens?

Another forum must be more suitable than the current one. (A) Signup and view all the answers

What is required of the claimant to successfully apply for an extension after the limit has expired?

They must have attempted service before the deadline. (A) Signup and view all the answers

Which authority typically facilitates service of documents outside the jurisdiction?

The British Consul or judicial authorities. (D) Signup and view all the answers

What is the consequence if the defendant acknowledges service but applies to set it aside?

The defendant argues for another appropriate forum. (B) Signup and view all the answers

Study Notes

Commencing Proceedings

The Civil Procedure Rules (CPR 1998) apply to both the High Court and County Court.
County Court has unlimited jurisdiction for tort and contract cases unless the claim value exceeds £100,000.
If the claim value is £100,000 or less, the proceedings must be commenced in the County Court.
If the claim value exceeds £100,000, it can be started in the High Court if the client wishes.
Some cases are within exclusive jurisdiction of the High Court.
Learning outcomes include: when to start proceedings, drafting claim forms, statement of value and truth, litigation friend for children, court approval of settlements for children, different service methods, rules for service outside England/Wales, consequences of late service of the claim form/particulars.
Choice of court depends on the value of claims, complexity of facts, legal/procedural issues, and public importance of the outcome.
The High Court is divided into the King's Bench, Chancery, and Family Divisions.
The King's Bench Division deals with contract and tort.
The Chancery Division deals with trusts, probate, partnership, land, and landlord-tenant disputes.
The Family Division deals with High Court family matters and isn't covered in this book.
Specified money claims (less than £100,000) in the County Court can be submitted online via MCOL (Money Claim Online).
Other County Court proceedings can be issued at any County Court hearing center.
Claims in the High Court should be made in a suitable division, based on the nature of the claim.

Issuing Proceedings

Parties must complete a claim form (N1).
Claim forms are sealed/issued by the court.
Completion of the claim form involves claimant/defendant details and a brief statement of the claim; the remedy sought.
Value of the claim must be specified (amounts > £100,000 should be clearly stated).
The claimant is responsible for filing a statement of truth verifying the factual accuracy of the information presented in the claim.
Service procedures are explained in detail, including location of serving the documents.
Documents must be served within four months.

Parties to the Proceedings

Rules ensure that proceedings are started against appropriate individuals or entities (firms, partnerships, companies).
Legal representatives must be identified, including their authority to act.
Special rules apply to minors or those unable to manage themselves (protected parties).
Litigation friends are required for these parties.
Information on protected and vulnerable parties.

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