#16064 - Commencing Proceedings - BPC Civil Litigation

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);

  • 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.

  • [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’.

  • 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:

  • (a) be contained in, or served with, the claim form;

  • OR

  • (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)).

  • The form of the statement of truth is as follows:

  • “[I believe][the claimant believes] that the facts stated in these particulars of claim are true.”

  • 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:

  • (1) either at the same time as claim form; OR

  • (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.

• (2) where the claim form is to be served out of the jurisdiction, the claim form must be served in accordance with Section IV Part 6, within 6 months of date of issue.

• [[LINKED to CPR 6.14, DEEMED SERVICE of claim form: claim form served within UK is deemed served on second business date after completion of the relevant step in the table]].

PD7A

Para 1 – General

• Subject to the following provisions of this PD, proceedings which both the High Court and County Court have jurisdiction to deal with may be started in the High Court or in the County Court.

Paras 2.1-2.5, Where to start proceedings

• 2.1 Proceedings (whether for damages or for a specified sum) may not be started in the High Court unless the value of the claim is more than 100,000.

[[i.e if over 100k, you may go to High court, doesn’t mean you HAVE to—whether you should depends on 3 factors in 2.4]]

• 2.2: Proceedings which include a claim for damages in respect of personal injuries must not be started in the High Court unless the value of the claim is 50,000 or more (paragraph 9 of the High Court and County Courts Jurisdiction Order 1991(S.I. 1991/724as amended) describes how the value of a claim is to be determined).

[[i.e if over 50k for PI, you may go to High court, doesn’t mean you HAVE to—whether you should depends on 3 factors in 2.4]]

• 2.3 A claim must be issued in the High Court or the County Court if an enactment so requires.

• 2.4 Subject to paragraphs 2.1 and 2.2 above, a claim should be started in the High Court if the C believes the claim ought to be dealt with by a High Court judge by reason of—

  1. the financial value of the claim and the amount in dispute, and/or

  2. the complexity of the facts, legal issues, remedies or procedures involved, and/or

  3. the importance of the outcome of the claim to the public in general,

((CPR Part 30and Practice Direction 30 contain provisions relating to the transfer to the County Court of proceedings started in the High Court and vice-versa.)

• 2.4A

  1. A claim in the County Court underPart 7may be made at any County Court hearing centre, unless any enactment/rule/PD provides otherwise.

  2. If a claim which is required to be made at a particular County Court hearing centre is made at the wrong hearing centre, a court officer will send the claim to the correct hearing centre before it is issued.

  3. A claimant should consider the potential delay which may result if a claim is not made at the correct County Court hearing centre in the first instance.

• 2.5: A claim relating to Chancery business (which includes any of the matters specified inparagraph 1 of Schedule 1 to the Senior Courts Act 1981) may, subject to any enactment/rule/PD, be dealt with in the High Court or in the County Court.

  • The claim form should:

  • if issued in the High Court, be marked in the top right hand corner “Chancery Division”;

  • and, if issued in the County Court, be marked “Chancery Business”.

((For the equity jurisdiction of the County Court, seesection 23 of the County Courts Act 1984.)

Paras 4.1-4.2, Title of Proceedings

• 4.1: the claim form and every other statement of case, must be headed with the title of proceedings. The title should state:

  1. the number of proceedings;

  2. The court or Division in which they are proceeding;

  3. The full name of each party;

  4. Each party’s status in the proceedings (i.e. C/D).

• ((para 2.6 PD 16 sets out what is meant by a full name in respect of each type of C, eg full name & title for individual etc)).

• 4.2: where there is more than 1 C and/or more than one D, the parties should be described in the title as follows:

  1. AB

  2. CD

  3. EF Claimants

and

1. GH

2. IJ

3. LK Defendants

Para 5—integrated into CPR 7

Paras 6 – Integration into CPR 7

Paras 7.1-7.3, Statement of Truth (also integrated into above)

• Part 22 requires the claim form and, where not included in the claim form, the particulars of claim, to be verified by a statement of truth.

• The form of the statement of truth is as follows:

  • “[I believe][the claimant believes] that the facts stated in [this claim form][these particulars of claim] are true.”

• 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.

Additional SI: High Court & County Courts Jurisdiction Order 1991 (SI 1991/724)

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