Deck 6: Starting Your Court Action and Serving It on the Defendant

Question 1

Which of the following statements is correct?

A) When issuing a P8 claim, the judge will allocate it automatically once the papers are received by the court.
B) A Part 8 claim requires the Defendant to file his defence within 21 days of service of the Claim Form.
C) Part 8 claims can only be fast or multi track.
D) There is no requirement for a defence, allocation, or tracking in Part 8 claims.

Answer 1

D

Question 2

Which is correct?
In order to seek a recovery of any damages awarded to your client in a road traffic accident where the defendant was insured you must …

A) send a duplicate copy of the letter of claim to the insurers.
B) give notice of impending proceedings to the insurer before issuing proceedings.
C) give notice of impending proceedings either before or within fourteen days of actually issuing proceedings.
D) do nothing, the defendant will contact his insurers about your claim.

Answer 2

C

Question 3

In which court should a claim be issued?

A) If in the High Court, in London.
B) If in the County Court or the High Court; in the court most convenient to the claimant's solicitor.
C) If in the High Court, in London or the district registry where the action is likely to be tried.
D) In the County Court nearest the defendant.

Answer 3

C

Question 4

Which is not correct?
Proceedings will be started when the court issues the claim form. What documents will be required before the court is in a position to issue a claim?

A) A completed claim form for the court will be required.
B) A completed claim form for each defendant will be required.
C) The fee will be required.
D) If appropriate, a Notice of Funding will be required.
E) A completed Claim Form, (and the fee) to issue and copies for every defendant.

Question 5

Which criteria is not an exception?
Claims may be started electronically at the MoneyClaimOnline Website except when …

A) the claim exceeds £100,000.
B) the claimant is a child or patient or funded by the Legal Services Comission.
C) the claim is in sterling for less than £100,000 against one defendant.
D) the defendant resides outside England and Wales.

Question 6

Which is correct?
Patients, within the meaning of the Mental Health Act 1983, and Children, being a person under 18 years of age, must have a litigation friend to conduct proceedings on their behalf. The title to the action with such a party should say …

A) A (name or litigation friend) on behalf of X (name of child or patient).
B) X (name of child or patient) by A (name of litigation friend), his litigation friend.
C) X (name of litigation friend), the litigation friend, on behalf of A (name of child or patient).
D) A (name of child or patient) suing by X (name of litigation friend) his litigation friend.

Question 7

If the defendant in an action is a child or patient, which of the following statements is untrue?

A) No steps may be taken other than issue and service until a litigation friend has been appointed for the defendant.
B) If the defendant becomes a patient after issue no further steps may be taken until the court gives permission and a litigation friend has been appointed.
C) The case cannot be issued until a litigation friend has been identified for the defendant.
D) The court may order that a child has sufficient maturity and understanding to conduct the action himself without a litigation friend.

Question 8

Which is correct?
The European Communities (Rights against Insurers) Regulations 2002 (SI 2002/3061) enables …

A) action against the defendant but provides that notice of the proceedings need no longer be given to the insurer.
B) direct action against the insurer of the defendant in certain circumstances.
C) a claimant to enforce any judgment obtained against the defendants insurers.
D) claimants to force insurers to provide details of the cover provided to the defendant under the policy in force.

Question 9

Which statement is not correct?
Once a claim form has been issued it must, or may, be served …

A) within 4 months if the defendant is within the jurisdiction.
B) ... within 6 months if the defendant is outside the jurisdiction.
C) on any day of the week.
D) where the defendant deliberately evades service the time that can be attributed to his evasion from service may be added to the time by which the claim form must be served.

Question 10

Which is correct?
A claim form issued on the 30^th October 2016, (the defendant being within the jurisdiction), must be served by …

A) 30^th February 2016.
B) 1^st March 2016, there being no 30^th February that year which is the date it would normally run to.
C) 29^th February 2016.
D) 2^nd March 2016 as the time runs from the day after issue and as there is no 30^th February 2016 two days are added.

Question 11

Which statement is not correct?
Where particulars of claim are not served with the claim form …

A) the claim form must state that particulars of claim will follow.
B) particulars of claim must be served no later than the latest time for serving the claim form.
C) the particulars of claim must be served within 28 days of serving the claim form.
D) particulars of claim must be served within 14 days of service of the claim form provided that date is not later than the latest time for serving the claim form.

Question 12

Which is correct?
Service of the particulars of claim …

A) will be effected by the court by 1^st class post.
B) may be served by the court by 1^st class post only if it accompanies the claim form.
C) may not be served by the court.
D) will be served by the court unless the claimant requests the court not do so.

Question 13

Which is not correct?
In what circumstances might it be appropriate for a party rather than the court to effect service of the claim form?

A) When the party wishes to effect personal service.
B) When the party wishes to retain the document for longer before serving it.
C) He must file either a defence or an admission within 14 days.
D) He may file only the acknowledgement of service within 14 days of service upon him of the claim form and particulars of claim and then he may have a further 28 days in which to file either his defence or admission.

Question 14

Which statement is not correct?
The purpose of the section on the front page of Form N1 headed 'brief details of claim' is …

A) to set out the claimant's case in full and if more room is needed to refer to a separately drafted document.
B) to satisfy CPR 16.2(1)(a) - that the claim form must contain a concise statement of the nature of the claim.
C) administrative - the section helps the court office file the claim appropriately.
D) to set out brief details of the claim such as cause of action, relevant dates, and type of loss being claimed.