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Flashcards in Commencement Deck (78)
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1

When calculating a period of time under CPR 2.8, what does a 'clear day' mean?

It means that the day on which the period begins, and the day on which a specified end event occurs, are not included.

For example, if a hearing is on Friday 20th and application must be served 3 days before, the last date for service is Monday (as Tues-Thurs is 3 clear days).

If a court gives notice of a hearing on 1st October, and the hearing must be at least 28 days after the hearing, the earliest date for the hearing is 30 October.

2

Does Rule 1.4(2) CPR confer powers on the court?

No: it just contains a list of case management elements and objectives.

To be contrasted with r3.1(2)

3

Are the aspects of case management in r1.4(2) mutually exclusive?

No. As such, there may be difficulty reconciling multiple objectives.

4

Rule 3.4 gives the court the power to strike out a...

Statement of Case.

5

True or False. The court can impose sanctions falling short of striking out in appropriate cases.

True.

6

Commencement provisions which are designed to assist parties to consensually settle the whole/part of their claims include:

(2)

Expanding pre-litigation disclosure

Encouraging greater use of ADR

7

Provisions designed to consensually settle post-commencement include:

(2)

Offers to settle;

Summary disposal of issues, to narrow the dispute.

8

Under CPR 6.2, a "business day" means

Any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day.

9

Under CPR 6.3 and 6.20, a claim form may be served by any of the following methods: (7)

Personal service

First class post

Document exchange

Any other service which provides for delivery on next business day

Leaving at a specified place

fax or other means of electronic communication

Any method authorised by the court under rule 6.15/6.27

10

True or False. Companies and LLPs can only be served by methods permitted under CPR 6.3/6.20.

False. They can also be served by permitted methods under Companies Act 2006.

11

Under CPR 6.4 the court will serve the claim form, except where:

A rule or practice direction provides that the claimant must serve it;

The Claimant notifies the court that they wish to serve it; or

The court orders or directs otherwise.

12

True or False. When the court is to serve the claim form, it is for the court to decide which method of service is to be used.

True.

13

True or False. When the court is to serve the claim form, the claimant only needs to file a copy for the court.

False. They must ALSO provide a copy for each defendant to be served.

14

Can personal service ever be mandated?

Yes. Under CPR 6.5, it can be required by a Part, enactment, practice direction or court order.

15

How is a claim form personally served on:

An individual?

A company

A partnership?

By leaving it with the individual;

By leaving it with a person holding a senior position in the company;

By leaving it with a partner or a person who has control or management of the partnership business

16

How is a claim form to be served on an individual where the defendant does not give an address at which the defendant may be served?

At their usual or last known address

17

CPR 6.7 concerns:

Service of claim form on solicitor or European Lawyer.

18

CPR 6.8 concerns:

Service of a claim form where the Defendant gives address at which the defendant may be served.

19

How is a claim form to be served on an individual being sued in the name of a business, where the defendant does not give an address at which the defendant may be served?

Usual or last known residence of the individual; or principal or last known place of business.

20

How is a claim form to be served on an individual being sued in the name of a partnership, where the defendant does not give an address at which the defendant may be served?

Usual or last known residence of the individual; or principal or last known place of business of the partnership.

21

How is a claim form to be served on a LLP where the defendant does not give an address at which the defendant may be served?

Principal office of the partnership; or any place of business of the partnership within the jurisdiction which has a real connection with the claim.

22

How is a claim form to be served on a corporation where the defendant does not give an address at which the defendant may be served?

Principal office of the corporation; or any place within the jurisdiction where the corporation carries on its activities and which has a real connection with the claim.

23

How is a claim form to be served on a company registered in England and Wales where the defendant does not give an address at which the defendant may be served?

Principal office of the company; or any place of business of the company within the jurisdiction which has a real connection with the claim.

24

How is a claim form to be served on an company not registered in England and Wales where the defendant does not give an address at which the defendant may be served?

Any place within the jurisdiction where the corporation carries on its activities; or any place of business of the company within the jurisdiction.

25

If the Claimant is unable to ascertain the Defendant's current address, the Claimant must consider whether there is:

(tip: very simple)

An alternative place or method by which service may be effected.

26

Can the method of service of a claim form be contractually agreed?

Yes.

27

A claim form served in the UK is deemed to be served on...

the second business day after completion of the relevant steps in rule 7.5(1) (concerning service of a claim form)

28

For documents other than claim forms, when are they deemed served if sent through first class post?

The second day after it was posted, left with, delivered to or collected by the relevant service provider, provided that day is a business day. If not, the next business day after that.

29

For documents other than claim forms, when are they deemed served if sent through document exchange?

The second day after it was left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day.

30

For documents other than claim forms, when are they deemed served if sent by delivering the document or leaving it at a permitted address?

If it is delivered to or left at the permitted address on a business day before 4.30p.m., on that day; or in any other case, on the next business day after that day.