Commencing Proceedings: SQE1 Civil Litigation

Flashcards covering the legal principles and rules for commencing and serving civil proceedings in England and Wales based on the SQE1 syllabus.

County Court

The court where civil claims with a value of $£100,000$ or less must be started, unless the claim involves personal injuries.

High Court

The court where civil claims exceeding $£100,000$ may be started, or personal injury claims with a value of $£50,000$ or more.

PD 7A, para 2.4 High Court Suitability

Guidance indicating the High Court may be suitable if a claim is complex regarding facts, legal issues, remedies, or procedures, or if the outcome is of general public importance.

Specified claims

Claims for a specific sum of money, such as debt claims.

Unspecified claims

Claims for damages where the specific amount in dispute must be quantified by the court.

Civil National Business Centre (CNBC)

Located in Northampton, this center issues most civil claims and handles money-only claims made on paper.

Money Claim Online (MCOL)

A website used to issue proceedings for online specified money claims for amounts up to $£100,000$.

King's Bench Division

A division of the High Court primarily dealing with actions in contract and tort.

Chancery Division

A division of the High Court used for disputes regarding land, trusts, contentious inheritance, partnership claims, and company law.

Commercial Court

A specialist court within the Business and Property Courts dealing with complex business disputes over contracts, insurance, banking, and finance.

Technology and Construction Court

A specialist court that handles complex national and international claims concerning buildings, engineering, and surveying.

Issuing a claim form

The process where the court seals the claim form (Form N1) with the court seal and enters the date of issue, formally starting proceedings.

Sole Trader (Party Description)

Individuals in business must be described using their full name and their business name, for example: Antony Tucker T/A Marble Designs.

Partnership (Party Description)

Parties should sue and be sued in the name of the firm under which they carried on business at the time the cause of action accrued, e.g., Justice & Co (a firm).

Statement of Value (High Court)

The claimant must write 'The Claimant expects to recover more than $£100,000$' (or $£50,000$ for personal injury) to confirm the correct venue.

Statement of Value (County Court)

The claimant must state expectation to recover: not more than $£10,000$; more than $£10,000$ but not more than $£25,000$; more than $£25,000$ but not more than $£100,000$; or more than $£100,000$.

Court Fee (Maximum)

The maximum fee payable on the issue of proceedings is $£10,000$.

Statement of Truth

A mandatory statement under Rule 22.1 verifying the facts in a document; it must be signed by the party or their legal representative.

Rule 19.4 (Parties)

The rule stating that court permission is not required to add, remove, or substitute a party if the claim form hasn't been served, but is required once it has been served.

Service of Claim Form (Time Limit)

Under Rule 7.5(1), a claim form must be served on other parties within the jurisdiction within $4$ months of being issued.

Personal Service (Partnership)

Handing the form to a partner or a person with control/management at the principal place of business, accompanied by Form N218.

Document Exchange (DX)

A courier system used by solicitors; service is permitted if a DX number is provided on the letter heading and not otherwise stated.

Rule 6.15

Allows the court to order service by alternative methods, such as text message or voicemail, or at an alternative place.

Service of Particulars of Claim (Separately)

Must be served within $14$ days after service of the claim form, but no later than $4$ months after the claim form's issue date.

Deemed Service (Claim Form)

Under Rule 6.14, the claim form is deemed served on the second business day after the step required for service occurred.

Business Day

Defined by Rule 6.2(b) as any day except Saturday, Sunday, a bank holiday, Good Friday, or Christmas Day.

Deemed Service (Other Documents - Post/DX)

The second day after posting or leaving with the DX provider, provided that day is a business day; if not, the next business day.

Deemed Service (Other Documents - Fax/Email/Personal)

On the same day if served before $4:30 ext{pm}$ on a business day; otherwise, the next business day.

Service out of Jurisdiction (Time Limit)

Under Rule 7.5(2), a claim form must be served within $6$ months of being issued if being served outside the jurisdiction.

Rule 6.37

The rule requiring an application for permission to serve proceedings out of the jurisdiction, supported by a witness statement addressing the merits and grounds for service.