Save your precious time by skipping the hassle of creating your own notes! These comprehensive Civil Litigation and Evidence Notes (not in a flowchart style) are in accordance with the Bar Training Syllabus 2023/2024. I've split the content into various parts, and at the moment, I'm working on upda...
Civil Litigation and Evidence
Commencing Proceedings (1)
Commencing Proceedings
CPR 7
Part 7: How to start proceedings, the claim form
Rule 7.2 – How to start proceedings
(1) Proceedings are started when
o 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);
o But 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.
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 recognize 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 Claimant should issue the claim against “the personal representatives of
A.B. deceased’.
o Claimant 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
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