Chapter 5

A claim that can be issued in either the High Court or County Court, the choice depends on factors like financial value, complexity, and public impact.

A lawsuit where the specific amount of money being claimed is clearly stated.

A lawsuit where the exact amount of money being claimed is not known, but it's clear it's for money.

An online platform for filing lawsuits involving a fixed amount of money less than £100,000. Only one claimant and up to two defendants within England and Wales can be involved.

The designated center for processing claims filed through MCOL. Claims remain here unless transferred to a county court hearing center.

The default location for hearing specified claims in the County Court. These locations are usually determined based on the defendant's residence.

The location where the claimant prefers their case to be heard. This choice can be indicated in the claim form.

The rules and guidelines that govern civil litigation procedures in England and Wales. It aims to make the process fair and efficient.

When a legal representative signs a statement of truth, they confirm they explained the implications to the client and that the client believes the document's information is true.

If a statement of truth is omitted from a claim form, the court may strike it out. If it's not struck out, the claimant cannot use the document's contents as evidence.

Claim forms are filed at the nearest District Registry of the High Court or in the appropriate County Court.

A claim form is assigned a unique claim number by the court once it's filed.

Proceedings for contempt of court can be initiated against a client if it's later proven that they did not honestly believe the facts stated in a document signed with a statement of truth.

The court can decide to strike out a statement of case that lacks a statement of truth, even without a request from another party.

The court may decide to strike out a claim form that does not include a statement of truth, even without a request from another party.

The claimant cannot use the contents of the statement of case as evidence if it lacks a statement of truth. This applies to interim applications as well.

A company can be sued under its official name. Before starting a claim, ensure the company is registered and active, confirm the correct name, and find its registered address for proper service.

A company can initiate a lawsuit under its official name.

In very limited cases, courts might allow suing unnamed defendants, but exceptions are rare. The main rule is that everyone involved in a lawsuit must be named.

A specific type of legal action where a representative acts on behalf of a larger group of people with similar interests. It allows suing a group without naming every member individually.

Allows a claim for property possession against people whose identities are unknown. This is the main exception to the rule requiring named defendants.

A legal procedure used for copyright violations that involves suing known wrongdoers while also targeting unidentified associates. This allows targeting an entire network of pirates.

A case involving a stolen Harry Potter manuscript where a publisher pursued unnamed persons who had stolen and tried to sell the book to the press.

A legal professional who was the first to broaden the possibilities for suing unnamed defendants in the Bloomsbury Publishing case.

A new party can be added to a claim if they need to be substituted for a party named in error, if the claim cannot proceed without their involvement, or if the original party has died or gone bankrupt and their liability has passed to this new party.

A solicitor must confirm they have the authority to act on behalf of a client in court, and if they do not, they will be personally liable for any incurred costs.

A claim form, once issued by the court, must be served on all parties involved for the claimant to proceed with their case.

When a solicitor signs a Statement of Truth on a document, they confirm that they explained the implications of the document to the client, and that the client believes the information in the document is true.

A request to the court to add, remove, or replace a party involved in a lawsuit.

A court can add a new party if it helps resolve all issues in the case or there's a connected issue involving the new party.

The court can remove a party if their presence is not beneficial to the proceedings.

The court can replace an existing party with a new one if the legal responsibility or interest has transferred.

Consent from the potential new claimant is required in writing and must be filed with the court.

The limitation period must be active when the case starts for adding or substituting a party.

Adding or substituting a party is only allowed if it is considered necessary to resolve the case.

The court might allow party changes even after the usual time limit if it's essential to resolve the case.

The court may extend the time for serving a claim form if the claimant couldn't serve it within the initial four-month period, but only if they took all reasonable steps to serve it and acted promptly in applying for an extension.

A legal principle that allows courts to dismiss a case if there's a more appropriate forum for resolving the dispute, even if the chosen forum has jurisdiction.

A duty that requires individuals to act in a way that does not benefit themselves at the expense of others. It can include taking actions to protect others from harm, even if it's not their own personal benefit.

A procedure where a defendant can ask the court to cancel the service of a lawsuit if it was improperly served or if serving them outside the jurisdiction was unfair.

An application to extend the time for service of a claim form may be granted if the court is unable to serve the claim form, or if the claimant has taken all reasonable steps to serve the claim form but has been unable to do so, and the claimant has acted promptly in making the application.