Civil Litigation: Syllabus Overview

Bar Professional Training Course
LW7069 Civil Litigation and Evidence

Lecture slides
@MrJohnBates
Civil Litigation
Lecture 03
Syllabus: [04] Commencing Proceedings
John Bates
Syllabus overview
 
1. General
Matters
12. Disclosure
2. Limitation
11. Case
Management
3. Pre-action
Conduct
10. Default
Judgment &
Summary
Judgment
4. Commencing
Proceedings
9. Further
Information
5. Parties
8. Amendment
6. Statements of
Case
7. Multiple
causes of action
13. Interim 14. Interim 15. Interim 16. Offers to 17. Evidence of 18. Expert
Applications Payments Injunctions settle fact evidence
20. Judgments,
22. Appeals 21. Costs Orders and 19. Civil Trial
Enforcement
[04] Commencing Proceedings

 The Part 7 procedure
 The Claim Form – validity, extension and service
 Other court documents – service within the jurisdiction
 The (alternative) Part 8 procedure
Civil Litigation & Evidence Lecture 03 - [04] Commencing Proceedings 1

Lecture slides
How are proceedings commenced?

 Issuing proceedings at court:
o Sending a claim form to the court (no need for Particulars of Claim yet)
o Paying a fee
o Being received by the court; AND
o The court issues the claim form (and enters a date on the claim form)
[Note: this is very subtly different from what is needed to stop the ‘limitation
clock’, which is delivering the proceedings to court (i.e. there is no need for the
last step)]
What is NOT commencing proceedings?

 Notifying the defendant that a claim is coming
 Writing a letter/email/other communication of claim
 Complying with various steps in the PAP or PD-PAC
 Writing a letter/email/other communication before claim
 Sending a Claim Form to the court
 Serving a Claim Form
 Sending Particulars of Claim to the court
 Serving Particulars of Claim
How are proceedings commenced?

 There are 2 procedures for commencing proceedings:
o Part 7 (the usual way, applicable to most claims); and
o Part 8 (an alternative, appropriate to some types of claim)

Lecture slides
@MrJohnBates
The Part 7 Procedure

The normal procedure for starting claims
The Part 7 procedure

 The normal procedure for most disputes
o Same procedure for High Court and County Court
o Procedure includes:
 Statements of case (Particulars of Claim; Defence; optional Reply etc.)
 Case management timetable
 Disclosure of documentary evidence
 Witness statements
 Expert reports
 Trial
@MrJohnBates
The Part 7 Claim Form

Validity, extension and service

Lecture slides

 The Part 7 Claim Form
o 2-page form
 Court (jurisdiction / division /
list / location)
 Case number (entered by
court)
 Full names of parties
 Brief description of claim
 Statement of value
 Details of court fee/legal costs
 Address for service

 Particulars of Claim (a document which is not a Claim Form)
o Included in form (in very simple cases) – and served as part of the Claim
Form
o Separate document (common) – must be served within 14 days after the
date of service of the Claim Form (and usually filed at court within a further
7 days)
 Single Claim Form can be used to start two or more claims, if

they can be conveniently disposed of in the same proceedings
[e.g. personal injury claims by passenger 1 and passenger 2, both against driver responsible
for a road accident]
@MrJohnBates
Service of the Claim Form

The rules for service of the Claim Form within the
jurisdiction
Note: the rules regarding service of
documents are different between:
1. Service of the Claim Form; and
2. Service of other documents (e.g.
Particulars of Claim)

Lecture slides
Service of a Claim Form

 A Claim Form (original, sealed) must be served on the defendant(s)
o What is ‘service’ of a Claim Form?
o How long is the Claim Form valid for?
o Can the period of validity of the Claim Form be extended?
o Who can serve the Claim Form?
o How can the Claim Form be served?
o Who should be served? [We are looking at service
within the jurisdiction.
o When does service happen? Service outside the
jurisdiction is also outside
the syllabus]
What is ‘service’ of a Claim Form?

 Service is the technical term meaning the process under which
documents are sent to and received by a party, in accordance
with the rules.
 Service is not the same as simply sending or receiving documents

– there are some complex rules about what documents should be
served, who should be served, how service happens and when
service happens.
For how long is the Claim Form usually

valid?
 A Claim Form must be served on the defendant(s) by:
o Completing the required step before 12 midnight on the calendar day 4
months after the date of issue [6 months if outside the jurisdiction]; or
o Otherwise, if:
 The parties agree an extension; or
 The court grants an extension (the claimant must usually have applied for an extension)

Lecture slides
Can the period of validity of a Claim Form

be extended?
 Yes – IF the parties agree; OR:
o The claimant applies for an order for an extension;
o The application is usually made before the time for service of the Claim
Form expires (as original, or, if already extended, the extended period)
AND
o The court has failed to serve the Claim Form; or
o The claimant has taken all reasonable steps to try to serve but has been
unable to do so;
AND
The claimant has acted promptly in making the application
Who can serve the Claim Form?

 A Claim Form may be served on the defendant(s):
o By the court:
 this is the default, unless, e.g. the claimant requests for the papers to be returned to the
claimant to effect service or the court directs this;
 the court will decide the method (usually uses first class post only); or
o By or on behalf of the claimant [advantages = claimant has control and

flexibility over when to serve, the method of service etc.]
[CPR 6.4]
How can the Claim Form be served?

 The Claim Form must be served by a permitted method
 There are several permitted methods with different features
 Control:
o If the court serves, the court chooses the method and timing (and will
attempt only once)
o If the claimant serves, the claimant chooses the method and timing

Lecture slides
What are the permitted methods of

service of the Claim Form?
Permitted method Rules
Personal service: leaving it with an individual Defendant or a person holding a senior CPR 6.3(1)(a) and
position within a corporate Defendant or by leaving it with a partner of a partnership CPR 6.5
(sometimes personal service is the only method required by the rules, e.g. re: applications
for contempt of court)
First class post, DX or similar service providing for delivery on the next business day CPR 6.3(1)(b)
CPR 6A PD
Leaving it at a Defendant’s solicitor (this must be used where, in writing, the defendant CPR 6.3(1)(c) and
has nominated a solicitor to accept service/a solicitor confirms they are so instructed) CPR 6.7
Leaving it at an address given by the Defendant for service CPR 6.3(1)(c) and
CPR 6.8
Leaving it at certain places connected to the Defendant (where the Defendant has given CPR 6.3(1)(c) and
no other address for service), e.g. last known residence, principal place of business CPR 6.9

service of the Claim Form?
Fax CPR 6.3(1)(d)

or other means of electronic communication CPR 6PD A
Other methods permitted by the court CPR 6.15
For companies, alternatively under the Companies Act 2006 CPR 6.3(2)
For Limited Liability Partnerships, alternatively under the Companies Act 2006 / Limited CPR 6.3(3)
Liability Partnerships Act 2000
A contractually agreed method for service CPR 6.11
Claimant’s duty to enquire

 IF the Defendant is an individual (whether or not being sued in
the name of a business or partnership); AND
o the Claimant has reason to believe that the Defendant no longer resides or
carries on business at the last known address
 THEN
o the Claimant must take reasonable steps to ascertain the current
address
 AND
o serve there, or consider alternatives; (but if there are none)
o apply for permission to serve by an alternative method

Lecture slides
‘Alternative’ methods of service

 The court has power to allow a
party to serve documents using an
alternative address for service
 This is unusual, but possible
 Service by WhatsApp not
contested?
Who should be served with the Claim Form?

 A Claim Form must be served at:
o the defendant(s):
 at an address for service given by the defendant for service [CPR 6.8]; or
 at an address set out in [CPR 6.9] for service on the defendant (usually a usual or last
known residence, principal or last known place of business, place of business within the
jurisdiction, etc.) – if any reason to doubt accuracy, C. must take reasonable steps to
ascertain the address of the defendant’s current address
o solicitors nominated by the defendant to the claimant in writing to accept

service on behalf of the defendant, whether or not the solicitors’ address is
on the Claim Form [CPR 6.7];
o Or by an alternative permitted means [CPR 6.15]
When does service of the Claim Form

happen?
 A Claim Form is served according to when the rules on deemed
service say that is served
 Service is NOT when the document is:

o Received
o Read
o Understood
Even if the Defendant tries to adduce evidence of a document received on a
day different to the date of deemed service

Lecture slides
When does service of the Claim

Form happen?
 ‘Deemed service’
o determines when the document is treated as being legally served,
regardless of whether or when the document arrives at the address or
comes to the attention of the party being served
o Second business day after completion of the relevant step in CPR

7.5(1) [CPR 6.14]
 What step has been taken in CPR 7.5?
 When was that step completed? (NB: rules technical for fax and electronic methods)
 Count forward 2 complete business days (i.e. ignoring weekends and public holidays)
@MrJohnBates
Other court documents

Service within the jurisdiction
What about service of documents

other than the Claim Form…?
 Civil proceedings involve types of documents other than the Claim
Form, e.g.:
o Particulars of Claim, Defence, Reply,
o Schedule of Loss, Counter-Schedule of Loss
o Requests for/Replies to Requests for Further Information
o Application Notice
o Witness Statement
o Expert Report
o Skeleton Arguments, List of Issues, Trial Timetable, Case Summary

Lecture slides
Service of documents other than

the Claim Form
 For these documents:
o ‘Service’ means the same as for a Claim Form, i.e. when deemed service
happens
o Who can serve the document?

 The party who prepares the document is responsible for serving it (unless the court orders
otherwise, e.g. dispenses with the need to serve)
o Who should be served?

 The same persons for deemed service as prescribed for Claim Forms

the Claim Form
o How can the document be served?
 The same methods as permitted for Claim Forms [but the rules for documents other than
the Claim Form have different numbers: 6.20, 6.22, 5.23, 6.27]
o Where is the document be served?

 Depends on the method used [usually the party to be served will have provided an
address for service (and updated this if changed)]

service of documents other than the
Claim Form?
Personal service: leaving it with an individual Defendant or a person holding a senior CPR 6.20, 6.22
position within a corporate Defendant or by leaving it with a partner of a partnership [NOT CPR 6.3(1)(a) and
CPR 6.5]
(sometimes personal service is the only method required by the rules, e.g. re: applications
for contempt of court)
First class post, DX or similar service providing for delivery on the next business day CPR 6.20, 6A PD
[NOT CPR 6.3(1)(b) CPR
6A PD]
Leaving it at a Defendant’s solicitor (this must be used where, in writing, the defendant CPR 6.23
has nominated a solicitor to accept service/a solicitor confirms they are so instructed) [NOT CPR 6.3(1)(c) and
CPR 6.7]
Leaving it at an address given by the Defendant for service CPR 6.23

[NOT CPR 6.3(1)(c) and
CPR 6.8]
Leaving it at certain places connected to the Defendant (where the Defendant has given CPR 6.23
no other address for service), e.g. last known residence, principal place of business [NOT CPR 6.3(1)(c) and
CPR 6.9]

Lecture slides

service of documents other than the
Claim Form?
Fax CPR 6.20, CPR

or other means of electronic communication 6A PD
[NOT CPR 6.3(1)(d)]
CPR
Other methods permitted by the court CPR 6.20, 6.27

[NOT CPR 6.15]
For companies, alternatively under the Companies Act 2006 CPR 6.20
[NOT CPR 6.3(2)]
For Limited Liability Partnerships, alternatively under the Companies Act 2006 / Limited CPR 6.20
Liability Partnerships Act 2000 [NOT CPR 6.3(3)]
NOT A contractually agreed method for service (unlike the Claim Form)

the Claim Form
o When does service happen?
 First class post / DX: when is the second day (note: not business day) after being posted,
left with or collected by provider of service
 If this is a business day, on that day (e.g. Monday in the post, served on Wednesday)
 If this is NOT a business day, on the next business day (e.g. Friday in the post, service
on Monday)

the Claim Form
o When does service happen?
 Personal service if served personally / Left at a permitted address:
 before 4.30pm on a business day  that day
 after 4.30pm on a business day  the next business day
 Electronic method of service if sent (email) or transmission completed (fax):
 before 4.30pm on a business day  that day
 after 4.30pm on a business day  the next business day

Lecture slides

the Claim Form
o When must they be served?
 Particulars of Claim:
 within 14 days of service of the Claim Form (if served separately from the Claim Form); and
 no later than the period of validity of the Claim Form
Unless the court orders otherwise
 Other documents required to be served with Claim Form/Particulars of Claim – as above
 Documents other than the Particulars of Claim – when required by the rules/court order

the Claim Form
o Can the time be extended?
 Yes (even for Particulars of Claim) – if the parties agree or the court orders
Can the period for service of documents

other than the Claim Form be extended?
 Yes – IF the parties agree; OR:
o The claimant applies for an order for an extension;
o The application is usually made before the time for service of the Claim
Form expires (as original, or, if already extended, the extended period)
AND
o The court has failed to serve the Claim Form; or
o The claimant has taken all reasonable steps to try to serve but has been
unable to do so;
AND
The claimant has acted promptly in making the application

Lecture slides
@MrJohnBates

The alternative procedure for starting claims

 Alternative to Part 7
 Suitable where:
o CPR / Practice Direction requires Part 8 to be used;
o Dispute is unlikely to involve a substantial dispute of fact, e.g.
 Court approval of a settlement of a claim by a child or protected party
 A dispute turning purely on a point of law

 Defendant can object to the Part 8 procedure being used
 Court has power to order change from Part 8 to Part 7
 But getting it wrong could have consequences: Part 8 Procedure

used for claim for £2.6 million: The claimant comes to grief - is
anyone surprised?, Gordon Exall, Civil Litigation Brief, 10 August
2019)

Lecture slides

 The Part 8 Claim Form
o 2-page form
 Court (jurisdiction / division /
list / location)
 Case number (entered by
court)
 Full names of parties
 Brief description of claim
 Statement of value
 Details of court fee/legal costs
 Address for service

 Identify:
o Any representative capacity in which a party is acting
o What question are you asking the court to decide?
o Any enactment under which Part 8 is being used
o What remedy does the claimant/the parties want?

 The key difference from Part 7:
o Statements of case: No ‘Defence’ [Acknowledgment of Service]
o No Default Judgment
o Allocation: treated as multi-track
o Case management directions: given after Acknowledgment of Service filed
o Objection: Defendant can object to Part 8 procedure being used
o Oral Evidence  No oral evidence unless the court gives permission

Lecture slides

 The key difference from Part 7:
o Written Evidence:
 Claimant  serve with Part 8 Claim Form
 Defendant  serve with Acknowledgment of Service
 Claimant  in response to Defendant’s evidence (within 14 days of service of
Acknowledgment of Service and Defendant’s evidence)
Syllabus overview
  
1. General
Matters
12. Disclosure
2. Limitation
11. Case
Management
3. Pre-action
Conduct
10. Default
Judgment &
Summary
Judgment
4. Commencing
Proceedings
9. Further
Information
5. Parties
8. Amendment
6. Statements of
Case
7. Multiple
causes of action
13. Interim 14. Interim 15. Interim 16. Offers to 17. Evidence of 18. Expert
Applications Payments Injunctions settle fact evidence
20. Judgments,
22. Appeals 21. Costs Orders and 19. Civil Trial
Enforcement
@MrJohnBates
Civil Litigation
Lecture 03
Syllabus: [04] Commencing Proceedings
John Bates

Lecture slides

Civil Litigation: Syllabus Overview

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Bar Professional Training Course

LW7069 Civil Litigation and Evidence

[04] Commencing Proceedings

Civil Litigation & Evidence Lecture 03 - [04] Commencing Proceedings 1

How are proceedings commenced?

What is NOT commencing proceedings?

How are proceedings commenced?

Civil Litigation & Evidence Lecture 03 - [04] Commencing Proceedings 2

The Part 7 Procedure

The Part 7 procedure

The Part 7 Claim Form

Civil Litigation & Evidence Lecture 03 - [04] Commencing Proceedings 3

The Part 7 Claim Form

The Part 7 Claim Form

 Single Claim Form can be used to start two or more claims, if

Service of the Claim Form

Civil Litigation & Evidence Lecture 03 - [04] Commencing Proceedings 4

Service of a Claim Form

What is ‘service’ of a Claim Form?

 Service is not the same as simply sending or receiving documents

For how long is the Claim Form usually

Civil Litigation & Evidence Lecture 03 - [04] Commencing Proceedings 5

Can the period of validity of a Claim Form

Who can serve the Claim Form?

o By or on behalf of the claimant [advantages = claimant has control and

How can the Claim Form be served?

 There are several permitted methods with different features

Civil Litigation & Evidence Lecture 03 - [04] Commencing Proceedings 6

What are the permitted methods of

What are the permitted methods of

Fax CPR 6.3(1)(d)

Other methods permitted by the court CPR 6.15

Claimant’s duty to enquire

Civil Litigation & Evidence Lecture 03 - [04] Commencing Proceedings 7

‘Alternative’ methods of service

Who should be served with the Claim Form?

o solicitors nominated by the defendant to the claimant in writing to accept

When does service of the Claim Form

 Service is NOT when the document is:

Civil Litigation & Evidence Lecture 03 - [04] Commencing Proceedings 8

When does service of the Claim

o Second business day after completion of the relevant step in CPR

Other court documents

What about service of documents

Civil Litigation & Evidence Lecture 03 - [04] Commencing Proceedings 9

Service of documents other than

o Who can serve the document?

o Who should be served?

Service of documents other than

o Where is the document be served?

What are the permitted methods of

Leaving it at an address given by the Defendant for service CPR 6.23

Civil Litigation & Evidence Lecture 03 - [04] Commencing Proceedings 10

What are the permitted methods of

Fax CPR 6.20, CPR

Other methods permitted by the court CPR 6.20, 6.27

Service of documents other than

Service of documents other than

Civil Litigation & Evidence Lecture 03 - [04] Commencing Proceedings 11

Service of documents other than

Service of documents other than

Can the period for service of documents