Workshop 3

Apply Task

Please consider the stages of a civil action which are set out below. Place them in
their correct order.
Menelaus should issue a claim form.

Menelaus should comply with the rules set out in the Practice Direction Pre-Action
Conduct and Protocols. On this set of facts, therefore, Menelaus should write a letter
before action to the Defendants and give them a reasonable amount of time in which to
respond.

The claim will then be allocated to a track. This claim, by virtue of its value, is likely to be
allocated to the multi-track (which means that a costs and case management conference
is likely to be held).

Given that the claim is likely to be allocated to the multi-track, the court is then likely to
hold a costs and case management conference. At this, the court is likely to give
directions.

In accordance with the directions given by the court, the parties will give disclosure, and
permit inspection of, the relevant documentation in the case.

In accordance with the directions given by the court, the parties will exchange witness
statements, such as that written by the managing director of Menelaus on its behalf and
those of Mr and Mrs Marriner for the Defendants.

The Defendants must file an acknowledgement of service. However, the time within which
they must file that acknowledgement of service depends on what the claim form says.
Where the Defendants are served with a claim form which states that particulars of claim
are to follow, they must file the acknowledgement of service within 14 days after service of
the particulars of claim. In any other case, they must file the acknowledgement of service
within 14 days after service of the claim form.

The parties will prepare for trial.

Menelaus’s particulars of claim should be contained in or served with the claim for or be
served on the Defendants within 14 days after service of the claim form (though Menelaus
should note that particulars of claim must be served on the Defendants no later than the
latest time for serving a claim form).

The parties will have the trial.

The Defendants must file a defence. The period of time within which the Defendants must
do this is either 14 days after service of the particulars of claim or, if they have filed an
acknowledgement of service, 28 days of service of the particulars of claim.

Once the judgment has been handed down, it may be the case that the judgment creditor
needs to consider methods of enforcing the judgment. Hence, and for instance, if
Menelaus wins at trial and so gets judgment in its favour, it may consider applying for a
warrant of control over the Defendants’ goods.

Given that Menelaus is going to serve the claim form within the jurisdiction, it should
complete the relevant step required by CPR 7.5(1) 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.