Civil Litigation – Commencing Proceedings
‘File’ - Arrange for document to be sent/ taken to court to be retained by court file
‘Serve’
Issue of Proceedings- CPR 7:
Term used for commencing proceedings
Two ways of doing so - CPR 7, CPR 8 (not in this module)
Proceedings are commenced on date of issue of claim form
Exact date of issue is important due to limitation periods
o Time for service of claim form starts running at date of issue (4 months)
(Robinson v Castleson) -
Claim form – Page 1:
Top right hand corner
o Name of court & division it is being commenced
Claim number
o C fills in year
o Court fills in number
Claimant name & address
Concise statement of nature of claim + remedy it seeks
Value: how much the claimant expects to recover
Def’s full name and address
Bottom Right – C sets out actual amount claimed, if known
Page 2:
Does the case involve a HR issue?
Particulars of claim detailed by C
o If POC are longer than can be set out in the space, they can provide them attached
to the claim form or separate (within 14 days)
Statement of truth: Confirming the content is true
Take/ post the claim form to court (Number of Defs + 2) + a cheque for issuing fee, payable to HNCTS
A copy for the court
A copy for you
One copy for each dependent
-
Service-
Service of proceedings – getting the documents to the Def
Once served, the D must then respond
Must be made within prescribed time limits – failure may lead to a judgement in default
, How served?
Methods in CPR 6.3
Personally
Delivery/ Leaving document at permitted address
First class post
Fax
Document exchange
Any electronic method
Date of service?- CPR 6.14(1), and CPR 7.5
Date important due to time limits of def responding
will start to run from date of Deemed service
Deemed service will depend on the type of documents service
Claim form (and docs served at same time as it) - CPR 6.14(1) in conj with CPR 7.5(1)
6.14 - Service is deemed to take place on the second business day after the complete of the
relevant step at: CRP 7.5(1)
CPR 7.5(1):
o
‘File’ - Arrange for document to be sent/ taken to court to be retained by court file
‘Serve’
Issue of Proceedings- CPR 7:
Term used for commencing proceedings
Two ways of doing so - CPR 7, CPR 8 (not in this module)
Proceedings are commenced on date of issue of claim form
Exact date of issue is important due to limitation periods
o Time for service of claim form starts running at date of issue (4 months)
(Robinson v Castleson) -
Claim form – Page 1:
Top right hand corner
o Name of court & division it is being commenced
Claim number
o C fills in year
o Court fills in number
Claimant name & address
Concise statement of nature of claim + remedy it seeks
Value: how much the claimant expects to recover
Def’s full name and address
Bottom Right – C sets out actual amount claimed, if known
Page 2:
Does the case involve a HR issue?
Particulars of claim detailed by C
o If POC are longer than can be set out in the space, they can provide them attached
to the claim form or separate (within 14 days)
Statement of truth: Confirming the content is true
Take/ post the claim form to court (Number of Defs + 2) + a cheque for issuing fee, payable to HNCTS
A copy for the court
A copy for you
One copy for each dependent
-
Service-
Service of proceedings – getting the documents to the Def
Once served, the D must then respond
Must be made within prescribed time limits – failure may lead to a judgement in default
, How served?
Methods in CPR 6.3
Personally
Delivery/ Leaving document at permitted address
First class post
Fax
Document exchange
Any electronic method
Date of service?- CPR 6.14(1), and CPR 7.5
Date important due to time limits of def responding
will start to run from date of Deemed service
Deemed service will depend on the type of documents service
Claim form (and docs served at same time as it) - CPR 6.14(1) in conj with CPR 7.5(1)
6.14 - Service is deemed to take place on the second business day after the complete of the
relevant step at: CRP 7.5(1)
CPR 7.5(1):
o
