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Revision Questions

BPTC Law Notes > BPTC Civil Ligitation Notes

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Civil Litigation Revision Questions What is the purpose of a letter before claim and the pre-action procedures?

What should a letter before claim include, and how long does D have to respond?

The letter before claim should enable the defendant ('D') to understand the claimant's ('C') claim and investigate is fully without needing to request further information. The pre-action procedures are designed to give both parties sufficient information that they can consider whether proceedings are necessary and any avenues settlement. General Cases: (i) Basis of claim; (ii) Summary of the facts on which the claim is based; (iii) Remedies sought; (iv) ADR methods C is willing to undertake and invites D to attempt; and (v) Details of C's funding arrangement. D has 14days to acknowledge or send reply. PI cases:

(i) Summary of facts; (ii) Nature of injury; (iii) Financial loss incurred; and (iv) Sufficient information for D to investigation. What value should a case be if it is in the High Court?
What are the factors considered where there is no financial value as to which court?
In what circumstances should a Part 8 claim be made?
How long is a claim form valid for after issue?
What can a party do if it wishes to, or has already, served the claim from by another method not included in CPR?
What is the test for allowing such an application?
If the 4month window for serving the claim form has not expired, what can C do if he needs more time?
What if the 4month window has expired and claim form has not been served?

When are the claim form and other documents deemed served?
Who are 'persons under a disability'?
How can they sue and be sued?
When can a party apply for summary judgment?

D has 21days to acknowledge or send reply, and must reply with 3months if acknowledged. General: Anything between PS25k and PS50k are flexible between CC and HC, but anything over PS50k should be in HC. Personal injury: PS50,000 and anything below should be in county court. 1) Financial substance, including that of counterclaim; 2) Public importance and importance to non-parties; 3) Complexity, in terms of law, facts, remedies or procedure; 4) Speed of resolution. In cases where there is no substantial dispute of fact. Examples:

Parties seeking true meaning of contractual terms;

Approval for settlement for a child. 4months when being served in this jurisdiction, otherwise 6months. Make an application for alternative method or at alternative address of the claim form. This is done by: (a) Making an application under Part 23; (b) Application may be made without notice; and (c) Must be supported by written evidence. It there a 'good reason'. Make an application for an extension of time. Also done by a Part 23 application, made without notice and supported by written evidence. Test is whether there is a 'good reason'. Claim form is invalid, and C must apply for an extension of time. This is done in the same way as above, except the application will be denied unless: (a) Court was unable to serve the claim form; or (b) C has taken all reasonable steps to serve it but has been unable to; AND (c) C has made this application promptly. Claim form: 2 business days after method of service Other docs: If posted or DX 2nd business day after posted or next business day; if other method then that day if business day before 4:30pm, otherwise the next business day. These are either children (under 18) or protected parties (people lacking capacity under the Mental Capacity Act 2005). They can sue through a litigation friend (usually a relative or someone appointed by the court), and be sued by serving claim form to parent or guardian or person with authority over the protected party. After D has acknowledged service, or before even acknowledgement if it is a claim for specific performance.

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