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Commencing Proceedings Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

This is an extract of our Commencing Proceedings document, which we sell as part of our BPTC Civil Ligitation Notes collection written by the top tier of City Law School students.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

COMMENCING PROCEEDINGS DEFINITIONS

? filing = giving document into court
? issue = application of court issue stamp
? service = sending to other side
? bringing a claim = depositing documents at court; court date stamps on receipt
? particulars of claim - formal written statement setting out nature of C's case and nature of relief/remedy sought from D ISSUE OF CLAIM - SUMMARY

1. file: take claim form and documents to court

2. pay fee

3. issue claim CLAIM FORM Contents of claim form (r16.2(1), PD16 para 2, PD 7A para 3 and 4)

? names and addresses of parties - if not supplied - claim form issued but not served until supplied

? concise statement of nature of claim
? remedy sought; AND
? statement of value where claim for money - r16.3 o if damages to be decided by court - state (for track allocation) if expect to recover

? no more than PS10k
? PS10k - PS25k
? more than PS25k
? cannot say - r16.3(4)
? PI cases only - is PSLA above or below PS1000 - r16.3(3) o when calculating how much C expects to recover must disregard - r16.3(6)
? interest (future, which may be awarded by court)
? costs (which may be awarded by court)
? that court may find contributory negligence
? that D may make a counterclaim
? that defence may include a set-off
? D may be liable to pay money court awards to C to Secretary of State for Social Security

? if C only claims for specified sum of money - amount sought inc. accrued interest (interest up to date of issue)

? proceedings against crown - govt depts, officers of crown, brief details of how liability alleged to have arisen

? representatives' capacity (if any)
? statement of truth - part 22
? endorsement if HC claim o endorse with statement confirming HC's jurisdiction e.g. expect to recover
>PS25k (>PS50k PI) Issuing the claim form

? solicitor - makes copies, retains 1, sends others to court (OR personally takes them) with cover letter requesting issue of claim

? court - issues claim (seals claim forms), enters details in records, allocates claim number, sends notice of issue to C's solicitors (confirms date of service if court effecting service)

? designated money claims o can use if: (a) (b) (c) (d)

claim for debt AND / OR damages; AND started in coco; AND part 7 claim; AND NOT governed by special procedure

o must send claim form to Northampton coco for issue o undefended claims - transferred to C's preferred coco (specified in claim form)

o defended claims - stay in Northampton till parties file DQ OR stay to attempt ADR expired then transfer to D's home coco / that specified in DQ

? money claim online o can use if: (a) (b) (c) (d) (e) (f) (g)

debt claims

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