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Commencing Proceedings Notes

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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.

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Commencing Proceedings
CPR 7
Part 7: How to start proceedings, the claim form

7.2, How to start proceedings
-(1) Proceedings are started WHEN: the court issues a claim form at the request of C.
-(2) A claim form is issued on the date entered on the form by the court
-[a person who seeks a remedy from the court before proceedings are started, or in relation to proceedings which are taking place, or will take place, in another jurisdiction, must make an application under Part 23].
-[Part 16 sets out what the claim form must include].
PD 7A, Para 5, Start of Proceedings
-Proceedings are started WHEN: the court issues a claim form at request of C (rule

7.2);
o BUT, [[re limitation]]: where the claim form as issued was received in the court office on a date earlier than the date on which it was issued by the court, the claim is 'brought' for the purposes of Limitation Act 1980 and any other relevant statute on that earlier date.
o [i..e you are within limitation period if the claim form was received in the court office on time, even if not yet 'issued' by the court by expiry of the limitation period]]
-The date on which the claim form was received by the court will be recorded by a date stamp either on the claim form held on the court file, or on the letter that accompanied the claim form when received by the court.
-An enquiry as to the date on which the claim form was received by the court should be directed to a court officer.
-Parties proposing to start a claim which is approaching the expiry of the limitation period should recognise the potential importance of establishing the date the claim form was received by the court and should themselves make arrangements to record the date.
-Where it is sought to start proceedings against the estate of a deceased defendant ,
where probate or letters of administration have not been granted, the C should issue the claim against "the personal representatives of A.B. deceased'.
o C should then, before expiry of the period for service of the claim form , apply to the court for the appointment of a person to represent the estate
CPR 7.2A
-PD 7A makes provision for procedures to be followed where claims are brought by or against a partnership within the jurisdiction.

7.3, Right to use one claim form to start two or more claims
-A C may use a single claim form to start all claims which can be conveniently disposed of in the same proceedings. 7.4, Particulars of Claim ('PoC')
-(1) PoC must either:
o (a) be contained in, or served with, the claim form;
o OR
o (b) be served on the D by the C within 14 days after service of the claim form.
-(2) BUT PoC must be served on D no later than the latest time for serving a claim form [[I.E., per r7.4, within 4 calendar months after date of issue of claim form (or 6 months where claim form served out of the jurisdiction).
-(3) filing the PoC: Where the C serves PoC, then unless a copy has already been filed, the C must FILE a copy of the PoC within 7 days of service on D
-(Part 16 sets out what the particulars of claim must include)
-PoC (if not included in the claim form) must be verified by a statement of truth (if it is not included in the claim form)).
o The form of the statement of truth is as follows:
o "[I believe][the claimant believes] that the facts stated in these particulars of claim are true."
o Attention is drawn to rule 32.14, which sets out the consequences of verifying a statement of case containing a false statement without an honest belief in its truth.
PD 7A para 6: Particulars of claim
-Where the C does not include the PoC in the claim form, they may be served separately:
o (1) either at the same time as claim form; OR
o (2) within 14 days after service of claim form;
-provided that: the service of the PoC is within 4 months after the date of issue of the claim form (or 6 months where claim form is to be served out of the jurisdiction).
-If the PoC are not included in, or have not been served with, the claim form: the claim form must contain a statement that POC will follow.
-((These paragraphs do not apply where the Part 8 procedure is being used. For info on matters to be included in claim form/particulars, see Part 16 and PD 16)).

7.5, Service of a claim form
-(1) Where the claim form is served within the jurisdiction: the C must complete the step required by the following table in relation to the particular method of service chosen, before midnight on the calendar day four months after date of issue of claim form.
Method of Service
First class post; document exchange; or other service which provides for delivery on next business day

Step required
Posting, leaving with, delivering to, or collection by, the relevant service provider

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