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SQE 1 Cheatsheet Dispute Resolution
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SQE 1 Cheatsheet Dispute Resolution
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Dispute Resolution: Sara AhmedDEEMED SERVICE COMMENCING PROCEEDINGS
Deemed service of the claim form: The claim form is deemed to have been served on the In circumstances where the claim is a mixture of specified and
second business day after the step required has occurred. Establishing this requires two unspecified amounts, the entire claim will be treated as unspecified.
pieces of information.
<100.000 = County Court
A ‘business day’ is any day except Saturday, Sunday, a bank holiday, Good Friday or
Christmas Day. >100.000 = High Court
The ‘step required’ is, for example, putting the claim form in the post. Thus, a claim When deciding where to commence a claim, remember that if the value
form sent by post on Monday will usually be deemed served on Wednesday. is more than £100,000, it may still be most appropriate to issue in the
County Court, such as when the claim is a simple case of breach of
Deemed service of other documents contract.
All money-only claims made on paper, including both specified and
unspecified claims, must be sent to the County Court Money Claims
Centre (CCMCC).
TRACK ALLOCATION
SMALL TRACK: Not more than £10,000 (likely to be allocated to the small
claims track).
A key difference is that service by first class post or DX is effected on the second day after
the document was posted, in contrast with the claim form where it is the second business FAST TRACK: More than £10,000 (or in a personal injury case, not more
day. than £10,000 but including a claim for personal injury in excess of £1,000
—likely to be allocated to the fast track); or
DEEMED SERVICE 2 MULTI-TRACK: More than £25,000 (likely to be allocated to the multi-
track). Cost budget must! Possible Case Management Conference. Case
DX = if on the paper, and not stated that service cannot be with DX, then DX is valid! summary is mandatory!
For FAX and EMAIL = express consent in writing needed! FOR EXAM, so simply an email £10,000 is not an absolute ceiling on the small claims track, look at the
address or fax number on the paper does not mean service can be done by email or amount in dispute, not total claim.
fax. However, DX number on paper + not mentioned that service cannot be done by DX
= Service can be done by DX
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