Unit 5 - Commencement

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Questions and Answers

What methods are permitted for serving a claim form according to the rules?

Any method under CPR 6.3 (correct)

Electronic transmission only

Only personal service

Only service through registered mail

Which definition does NOT apply within CPR 6.2?

'Claim' encompasses any application before starting proceedings

'Business day' includes weekends (correct)

'Claim' includes application for an order

'Bank holiday' refers to a public holiday

What happens when the defendant gives an address for service?

Service becomes ineffective

Service must be made in person

Service is not required

Service can occur at that address (correct)

Which of the following is a method of service outlined in CPR 6.3?

Service by fax or other electronic communication Signup and view all the answers

According to CPR 6.1, when does this part apply to the service of documents?

Except where another Part or PD makes different provisions Signup and view all the answers

What is the consequence if a claim form is served on a company?

Any method permitted under the relevant Part is acceptable Signup and view all the answers

What conditions must be met for deemed service according to CPR?

Any agreed method of service must be utilized Signup and view all the answers

When shall service by document exchange (DX) be used?

When both parties have agreed to it Signup and view all the answers

What is required before serving a document by electronic means?

The serving party must ask the recipient about any limitations. Signup and view all the answers

Which individuals hold a senior position in a registered company?

Director, Treasurer, Secretary Signup and view all the answers

What is the usual method of service by the court?

First class post Signup and view all the answers

What must an application for an order for service by an alternative method include?

Evidence stating why the order is sought Signup and view all the answers

Who can serve documents to children and protected parties?

A court-appointed representative Signup and view all the answers

What is a requirement when a document is served by electronic means?

No further action is necessary, including hard copies. Signup and view all the answers

Which of the following is NOT a method of service under the jurisdiction's rules?

Service by text message Signup and view all the answers

When is service by an alternative method generally considered?

When the recipient is uncontactable through original methods Signup and view all the answers

What must be done before the claim form can be deemed served when served within the UK?

The relevant step must be completed under r7.5(1) Signup and view all the answers

Which route allows a claim form to be served out of jurisdiction without permission?

Under s6.32 or 6.33 Signup and view all the answers

What is required in an application for an order allowing alternative service?

Evidence supporting the application Signup and view all the answers

What is the maximum time allowed to file an acknowledgment after service of the claim form is deemed?

Four months Signup and view all the answers

Which of the following is NOT a method by which a court may authorize service of a claim form?

By posting without confirmation Signup and view all the answers

Under CPR 6.14, what is the deemed service duration after serving the claim form within the UK?

On the second business day Signup and view all the answers

What must a court order specify when permitting alternative service under CPR 6.15?

The method or place of service Signup and view all the answers

Which of these methods ensures delivery on the next business day, according to the service methods outlined?

Posting via first-class mail Signup and view all the answers

What is the maximum time allowed for serving a claim form outside of jurisdiction after its issue date?

6 months Signup and view all the answers

Which of the following must be true for service by document exchange (DX) to occur?

The receiving party has a DX box number listed Signup and view all the answers

What is NOT considered a method of service under the discussed provisions?

Service by email without consent Signup and view all the answers

Under the provisions, how can documents be served effectively using post?

By placing the document in a post box Signup and view all the answers

Which of the following statements about service by fax or electronic means is correct?

Receiving party must provide consent in writing Signup and view all the answers

What should a party indicate when agreeing to receive service by fax?

Both fax number and email address must be provided Signup and view all the answers

What is a requirement for valid service by DX under the Practice Direction?

The receiving party's solicitor has indicated they are willing to accept DX service Signup and view all the answers

How should a document be served by email to satisfy the requirements?

It must be sent to multiple email addresses or any two specified addresses Signup and view all the answers

What can happen if a claimant is granted an extension of time for the service of a claim form without notice to the defendant?

The defendant can apply to have the order set aside. Signup and view all the answers

In the case of Hoddinott v Persimmon Homes, what is a significant risk faced by the claimant if their application for extension is made close to the end of the four-month period?

The claim may become time barred. Signup and view all the answers

What does case law suggest is necessary before serving the claim form at the defendant's last known address?

Reasonable steps must be taken to locate the defendant. Signup and view all the answers

Which of the following is a requirement when making an application under rule 7.6 for an extension of time for serving a claim form?

The explanation for the delay must be detailed. Signup and view all the answers

What aspects should the evidence supporting an application under rule 7.6 include?

The expiry date of any rule 7.6 extension and all circumstances relied on. Signup and view all the answers

How does the ruling in Drury v BBC & Carnegie influence the determination of reasonable steps taken for serving a claim form?

Steps taken before the four-month period are irrelevant. Signup and view all the answers

What potential consequence does rule 32.14 outline for verifying a statement of case that contains a false statement?

The claimant may face penalties for dishonesty. Signup and view all the answers

What is a critical factor for a claimant applying for an extension under rule 7.6 according to PD7A?

The application must be supported by evidence. Signup and view all the answers

Where should a corporation incorporated in E&W serve its claims if it has a real connection with the claim?

At its principal office or any jurisdiction within which it operates. Signup and view all the answers

What must be done if the claimant believes that the defendant's address is outdated?

The claimant must take reasonable steps to ascertain the defendant's current address. Signup and view all the answers

If a claimant successfully ascertains the defendant's current address, what must they do next?

They must serve the claim at the ascertained address. Signup and view all the answers

What alternative options does the claimant have if they are unable to ascertain the defendant's current address?

Considering an alternative place or method for serving the claim. Signup and view all the answers

Under CPR 6.11, when can a claim form be served by a method specified in a contract?

If a claim solely in respect of that contract is started. Signup and view all the answers

What is needed for a valid service of the claim form under contractually agreed methods?

The method must abide by the conditions specified in the contract. Signup and view all the answers

Which type of corporation can use any place within the jurisdiction to carry out its activities?

Any other company or corporation. Signup and view all the answers

What implication does a contract term stating the method of serving claim forms have?

It allows the claimant to serve claim forms at a place or by a method specified in the contract if a claim related to that contract is started. Signup and view all the answers

Study Notes

Preparatory Reading and Syllabus Areas

Prepare for the unit by reading examinable material in The White Book, including commentary.
Review paragraphs 1-3 of PD49E for context on Part 8 claims.
Understand CPR 7.1 and 7.4 in The White Book for context on Part 7 claims.
Study paragraphs 4, 4A, 5, and 9 of the High Court and County Courts Jurisdiction Order 1991 (SI 1991/724), section 9B, volume 2, The White Book, for context on rules operation.
Review notes from Unit 1.

Syllabus Area 6: Commencing Proceedings

Understand Part 7 procedure.
Learn about validity, extension, and service of claim forms.
Study the service of other court documents within the jurisdiction.
Examine Part 8 procedure.

Syllabus Area 7: Parties

Understand children and persons suffering from mental incapacity.

Syllabus Area 13: Case Management, Sanctions, Striking Out, and Discontinuance

Examine case management.

Syllabus Area 22: Judgments, Orders, and Enforcement

Understand enforcing money judgments, focusing on paragraph 8 of the High Court and County Courts Jurisdiction Order 1991 (SI 1991/724), section 9B, volume 2, The White Book.

Commencing Proceedings (Detailed)

Examinable material for Part 7 procedure covers starting proceedings, the right to use one claim form for multiple claims, and statements of truth.
Relevant material is within CPR 7.2-7.3, CPR 7.4, PD7A paragraphs 1, 2.1-2.6, 6.1-6.5, 10.1-10.2 and 11.1-11.2, the commentary in the first sub-paragraph of 7.6.2, and the first two sub-paragraphs of 7.6.3.
References include Volume 1 and 2 of 'Civil Procedure' (The White Book) 2024.

How to Start Proceedings

Proceedings are initiated when a court issues the claim form at the claimant's request.
A claim form is issued on the date it's entered by the court.
Part 16 outlines claim form requirements.
A claimant may use one form to start multiple claims.
Particulars of claim (PoC) are a key element.
They must be contained in or served with the claim.
The PoC must reach the defendant (D) within 14 days after the claim form.
This needs to be served on D no later than the deadline for the initial claim (see Rule 7.5).

Starting Proceedings (cont'd)

Proceedings for damages in personal injury cases above £50,000 or a general claim above £100,000 must be started in the High Court.
Claims can be started in a county court barring certain exceptions.
The financial value, dispute amount, complexity of facts, legal issues, remedies, procedure, and public importance influence High Court cases..
The claimant must believe the case warrants High Court handling.

Start of Proceedings (cont'd)

Proceedings are started when the court issues a claim form at the claimant's request.
The claim is "brought" on the date the form reaches the court (if received before issuance).
Parties initiating claims near the expiry of the limitation period must consider the importance of the claim form's receipt date by the court.
Where deceased estate is involved, claims are filed against the deceased's personal representatives.

Extension of Time for Serving Claim Forms

In cases needing more time for service, a justified request is necessary and must comply with overriding objectives (Carr LJ in ST v BAI (2022)).
The reason for inability to serve on time is crucial for time extension requests.
Factors like a better reason increase the likelihood of an extension

Case law and commentary

Case law provides essential context for applying these rules.
Relevant cases include (but aren't limited to): Hoddinott v Persimmon Homes (2007), Cranfield v Bridgegrove Ltd (2003), Chaudri v Post Office (2001), and Mersey Docks Property Holdings v Kilgour (2004)
Commentary clarifying application rules is relevant.

Methods of Service

-Different methods for serving documents include personal service, first-class post, delivery to specific locations, fax, email and electronic means. Additional methods may be required depending on the circumstances.

Rules outline specific conditions for serving documents on individuals, companies, and corporations.
Court procedures may be modified in certain circumstances or in connection with third parties.

Service on Parties

Service of claim forms involves various procedures that vary based on the party's status (individual, company).
Address requirements and alternative methods for service are outlined.
The service process for different types of parties and corporations is detailed. -Additional considerations for service include cases involving landlords and tenants.
Reasonable attempts to locate a party for service are required.

Service of Other Documents

Service rules for other court documents are covered, including those involving children or people with disabilities, service within the jurisdiction, and deemed service.
Different methods for service exist, including personal service, registered mail, fax, and electronic delivery

Parties (Detailed)

Examinable material for parties includes information about bringing and settling proceedings involving children and protected parties, litigation friends, stages of proceedings, who can act as a litigation friend without a court order, compromises, and control of funds recovered. This covers CPR sections 21.1-21.4 and 21.10-21.11.

Case Management (Detailed)

Case management requires calculating timeframes for actions, variations from the standard time limits, and the court's general management powers. Certain processes require explicit court orders
Case management in proceedings with one or more unrepresented parties is crucial.
General powers of court initiatives, judgments without trials, and correcting errors in procedures are all part of case management. This covers CPR 2.8, 2.11, 3.1, 3.1A, 3.3, 3.5, 3.10.

Judgments, Orders and Enforcement (Detailed)

Enforcing money judgments involves applying general methods, transferring cases, and procedures for enforcing orders and judgments against non-parties.
It covers various orders to obtain information, court attendance, procedures, and compliance with orders. -Various applications and actions relating to enforcing are discussed.
CPR rules concerning actions like charging orders and attachment of earnings are covered.
Specific rules (e.g., PD70A, 71, 72, 73, 83, 84, 89) and the High Court and County Courts Jurisdiction Order 1991 (SI 1991/724) sections related to specific types of procedures are also part of this syllabus content.

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