#4863 - Counting Time - Civil Litigation

Counting time 1) Commencing proceedings - The court issues the claim form The claimant obtains and fills in the relevant claim form (usually the standard claim form - N1) The required contents of the claim form are detailed in Civil procedure rules (CPR) 16.2 The parties Sole trader (claimant) Fred Flagstone (trading as FF Cafe) Sole trader (defendant) Fred Flagstone (trading as FF Cafe) FF Cafe Partnership (claimant or defendant) (1) Fred Flagstone (2) Bill Rouble Flagstones (a firm) Company (claimant or defendant) Claimant's solicitors take or send to the court: 1) Copies of the completed claim form * One copy to be kept at court * One copy for each defendant * One copy for the claimant themselves 2) Issue fee Proceedings are started when the court issues a claim form at the request of the claimant - CPR 7.2(1) The court issues the claim form by entering the date off issue, giving the case a claim number and sealing all the copies of the claim form for the claimant and the defendant - 7APD 5.1 and 5.2 By commencing proceedings, the clock is stopped on any limitation period set out by statute - 7APD 5.1 The claim form, once issued, must be served on the defendant within 4 months for the British jurisdiction CPR 7.5(1) or 6 months out of jurisdiction - CPR 7.5(2) May be able to gain an extension however these requirements are very strict - CPR 7.6 Rock limited 2) Service by claimant of a document a) Claim form served alone OR claim form and particulars of claim served together (CPR 7.4(1)(a)) a) When does it need to be served by? The claim form needs to be served within 4 months (or 6 months out of jurisdiction) of the issuing of the claim form - CPR 7.5(1) b) How is it delivered? By any of the methods permitted by CPR 6.3 c) When is it deemed served? a) A Claim form is deemed served on the second business day after the completion of the relevant step - CPR 6.14 Does not mean that both days need to be business days, only means that the second day needs to be a business day b) What is the relevant step? - CPR 7.5(1) First class post, document exchange or other next day delivery service * Required step - Posting, leaving with, delivering to or collection by the relevant service provider Delivery of the document to or leaving it at the relevant place * Required step - Delivering to or leaving the document at the relevant place Personal service under CPR 6.5 * Required step - Completing the step under CPR 6.5(3) Fax * Required step - Completing the transmission of the fax Other electronic method * Required step - Sending the e-mail or other electronic transmission c) Examples Claim form and PoC faxed together at 3pm on day 1 (Wednesday 10th Oct) * Is deemed served on the second business day after day 1 ? Day 3 (Friday 12th October) Claim form and PoC faxed together at 3pm on day 3 (Friday 12th Oct) * Is deemed served on the second business day after day 3 * Saturday 13th is not a business day but it is still counted * Sunday 14th is not a business day but is NOT counted as it is the second business day * Monday 15th (day 6) is the day on which the forms are deemed served as it is the second business day (as we've counted Saturday 13th) d) Who is it being served on? a) The defendant themselves b) The defendant's solicitor if: 1) The client has authorised them to accept service on the defendant's behalf 2) They have notified the other party in writing e) What must be served with the documents? Claim form on its own 1) The claim form Claim form together with the particulars of claim - CPR 7.8 1) The claim form 2) The particulars of claim 3) The response pack (N9) contains: * Form for admission * Form for defending * Form for acknowledging service