Summary Civil Litigation UNIT 7 - Children and Protected Parties
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Course
BPC
Institution
BPC
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Includes:
- The Part 7 procedure
- Service of documents (CPR 6)
- The Part 8 procedure
Where to Start General Proceedings (CPR 7)
CPR 7 covers the process that must be followed for claims of money only. The process is
as follows:
7.2 Proceedings are started when the court issues a claim form at the request of the
claimant.
- A claim form is issued on the date entered on the form by the court.
A ‘claim form’ refers to any petition or application made before action or to commence
proceedings.
The claimant will fill out this claim form, before serving it on the defendant and filing it with
the court.
- The date on which the claim form was received by the court will be recorded by date stamp.
- Parties proposing to start a claim, approaching the expiry of its limitation period, should
ensure that the date of receipt is stamped.
7.3 A claimant may use a single claim form to start all claims which can be
conveniently disposed of in the same proceedings.
Particulars of Claim
7.4 (1) Particulars of claim must:
(a) be contained in or served with the claim form; or
(b) Subject to (2), be served on the defendant by the claimant within 14 days after
service of the claim form.
- If the particulars are not served with the claim, it must be specified that they
are to follow (7APD 6.2).
(2) Particulars of claim must be served on the defendant no later than the latest time for
serving a claim form
(3) Where the claimant serves particulars of claim on the defendant, the claimant must,
within 7 days of service on the defendant, file a copy of the particulars.
(4) Unless a copy has already been filed or if the claim is being dealt with at the
Production Centre or the County Court Business Centre and is not transferred to
another court.
CPR 22 makes clear that both the claim form and particulars of claim (if not inc in the claim
form) must be accompanied by a statement of truth.
Extension of service
, 7.5(1) Where the claim form is served within the jurisdiction, the claimant must
complete the step required in relation to the particular method of service chosen,
before 12.00 midnight on the calendar day four months after the date of issue
of the claim form.
7.6 a claimant may be able to extend this limit if:
(2) The application to extend the time for compliance with rule 7.5 is be made:
(a) within the period specified by rule 7.5; or
(b) where an order has been made under this rule, within the period for
service specified by that order.
(3) If the claimant applies for an order to extend the time for compliance after the end
of the period under rule 7.5, the court may make such an order only if:
(a) the court has failed to serve the claim form; or
(b) the claimant has taken all reasonable steps to comply with rule 7.5
but has been unable to do so; and
(c) in either case, the claimant has acted promptly in making the
application.
(4) An application for extending the time for compliance with rule 7.5:
(a) must be supported by evidence; and
(b) may be made without notice.
- The court can allow application to extend time retrospectively, and all
reasonable steps are not treated as strictly as indicated.
- Ultimately, the better the reason for failure to serve in time, the more
likely the extension will be granted.
More details of extensions are under (7APD.8).
The Beginning of Part 7 Proceedings
7APD1 Subject to the following provisions, proceedings under the jurisdiction of the
High Court and County Court may be started in either the High Court or County
Court (as opposed to the Magistrate to Crown process).
A claim in the County Court may be made at any county court hearing centre, unless
provided otherwise.
7APD2.1 However, proceedings may not be started in the High Court unless the value is
more than £100,000 (High Court and County Court Jurisdiction order 1991).
7APD2.2 The exception to this is personal injury cases, where claim for damages must only
be worth over £50,000 to be started in the High Court.
Subject to the above, a claim should be started in High Court if:
(1) The financial value of the claim and the amount in dispute, and/or
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