| Is there any way I can obtain the pleadings (claim form, defence, etc.) to a matter when the only information I have is the name of the parties and the claim number? Is there any way I can obtain the pleadings (claim form, defence, etc.) to a matter when the only information I have is the name of the parties and the claim number? |
| Do Particulars of Claim need a formal Court seal/stamp on them for service? Is there any requirement under CPR to serve High Court Particulars of Claim which have a formal Court seal/stamp on them or is it enough to serve the sealed/stamped Claim Form with Particulars which do not have the Court stamp/seal on them? |
| Does a security for costs application filed with the acknowledgement of service stop time running for the filing of a defence? We are considering making a security for costs application, to be filed with court after the acknowledgement of service. Are you aware whether or not time would stop running for us to file our defence if such an application was made? |
| Should a Reply be served with the new directions questionnaire following the Jackson/civil litigation reforms? Rule 15.8 provides that a reply to defence is to be served and filed at the same time as the allocation questionnaire. It doesn't look like the rule is going to be amended from April to take into account the fact that the allocation questionnaire is to be abolished and replaced with a directions questionnaire. This means that, for cases where a defence is received on or after 1 April, there will not be a clear deadline for serving/filing the reply. Our view is that this should probably be done at the same time as filing the new directions questionnaire. Do you agree? |
| When the sum claimed is for liquidated damages do particulars of claim need to contain information about the contract itself or is it sufficient to only include the details of the invoice? I am trying to decipher what needs to be included within the particulars of claim when the debt owed is for liquidated damages. Do the particulars need to contain information about the contract itself or is it sufficient to only include the details of the invoice itself that has been produced as a result of the contract that was in place? This question is specifically in relation to liquidated damages however as the amount is not disputed. I also need to find any case law that exists to confirm the position. |
| Does a writ for civil fraud needs to be signed by a QC? I was wondering if you have come across a situation where a writ for civil fraud needs to be signed by a QC or know of any requirement (past or present) to do so? |
| Are there any sanctions for making a false allegation of fraud? Are there any sanctions for making a false allegation of fraud? |
| What is the appropriate procedure for a defendant if the claimant has made new allegations in its Reply to Defence? We act for the Defendants in a matter where the Claimant has raised a new implicit allegation in their Reply to Defence - they state that the Claimant did not sign a consent form (which we say he did sign) and that the writing on that consent form is not his. Whilst he is not explicitly alleging that our client fabricated the evidence, it obviously represents a cause of concern. What would be the best procedure for dealing with this? Do we deal with it only in correspondence? Do these circumstances permit us to draft a formal Reply to their Reply without having to apply to the Court to do so or would we need to apply to the Court? Do we have to amend our Defence? Or is it best to simply apply to strike out that particular part of their Reply? |
| We agreed an extension of time for filing a reply, but the deadline has passed. What are the consequences? We act for a Defendent in County Court proceedings and filed a Defence. We agreed an extention of time for the Claimant to file a Reply but the deadline has now passed. What are the consequeces of this? |
| Who pays the costs of amending and when? We have agreed with the claimants a request to amend their claim, on the basis that the claimants pay our consequential costs of and occasioned by the amendments. The claimant's position is that those costs should be dealt with at the conclusion of the main proceedings - is this is correct? I am aware that section 44 CPR sets out that costs are awarded at the Court's discretion, but what is the position with regard to amendments (if any)? Can the Court order that costs be dealt with during the main action, or is it settled procedure that all in-proceedings costs are dealt with at the end of the main action? |
| What are the costs consequences of a defendant substantially amending its defence? When a Defendant makes an application to amend its Defence (and substantially so), would the Claimant's costs of preparing a Reply to the Amended Defence, when a Reply was not served to the Defence in the first instance, be considered 'costs of and caused by' the amendment which should arguably be paid by the Defendant? Alternatively, because the Claimant did not file a Reply to the Defence in the first instance, would it be unreasonable for the Court to order the Defendant to pay the Claimant's costs incurred by preparing a Reply? |
| Can a Defence be later amended to add a limitation defence, or must limitation be pleaded at the outset? A claim for breach of contract has been issued and served against our company after the 6 year limitation period has expired. The limitation point was only realised after we had filed our defence. Is it possible to raise the limitation point after a defence has been filed if the defence does not refer to the claim being time-barred? Ideally, we would like to raise the limitation point as a preliminary issue at an early Case Management Conference with a view of applying for summary judgment. We do not know if we can as we did not refer to the limitation point in our defence. |
| What is the procedure following the death of a client who was challenging a civil penalty imposed on him? I am dealing with an Immigration/Employment matter and unfortunately my client suddenly died. He is the Claimant against the Civil Penalty imposed by the UK Border Agency. There is a hearing listed for two weeks time and I am looking into the procedure for how to deal with his death in the claim. I am reviewing CPR PART 19 but wonder whether there is anything else I should be considering? |
| How do I amend my claim form to change the description of the defendant? Proceedings have been issued but not yet served. Proceedings were issued before limitation, however, the defendant has been described incorrectly i.e. as executor and not as administrator. Does the slip rule apply in these circumstances or do we need to make an application to amend the pleadings before service and before limitation is due? |
| What is the effect of a “no set off” clause on a defence of set off and a counterclaim and what is the effect of the Unfair Contract Terms Act 1977 on such clauses? Does a no set off clause prevent a defendant from bringing a counterclaim or is the effect simply to prevent a defence of set off being raised? What is the effect of the Unfair Contract Terms Act 1977 (UCTA) on a no set off clause? |
| Can the police demand copies of statements of case in civil proceedings to which they are not a party? Are the police in England entitled to demand disclosure of a claim form and statements of case in English High Court proceedings from (i) the defendant (under investigation), or (ii) the solicitors acting for the defendant? |
| We have a potential claim under a contract but we have been unable to identify which entity within a group of companies is the contracting party. Can we issue proceedings anyway? I am acting for the Administrator of a company in administration which entered into a supply contract with a third party. The Administrator only has copy invoices sent to the third party's trading name and address, but those invoices do not state the actual limited company name with which the company contracted, and the administrator does not have a copy of the contract itself. The issue now is that a group of companies all appear to trade under the same trading name from the same address, but we cannot show which of the group companies in particular is liable for the debt. Solicitors acting for the group have denied liability on behalf of the parent company. Are we able to issue a claim based on the evidence we have that one of the group companies has entered into a contract, even though we are unable to show which company it was? If so, which company should the claim be issued against - is it sufficient for us to issue against the company which we believe to have entered into the contract based on research we have carried out? |
| Can parties agree a stay before the defence is filed? Can the parties to a civil litigation case agree to stay the case by consent prior to the filing of the defence? I.e. if the maximum 28 day extension that you can agree between you is not enough to investigate issues which may result in the claim being amended or further parties being added. |
| What are the consequences of failing to deal in the Reply with a point raised in the Defence? I have been trying to find a provision to the effect that if an item contained in the defence is not dealt with by the reply to a defence then that item is deemed to be accepted. The only provision I can find dealing with this is CPR 16.7, which states that if a reply fails to deal with a matter raised, it is taken to require that matters are proved. Is this the only relevant provision? |
| What is the procedure for amending particulars of claim that have been sealed by the court but not yet served on the defendant? What is the correct procedure for amending particulars of claim that have been sealed by the court but not yet served on the defendant? |
| What is the procedure when a liquidator brings a claim for breach of contract or duty on behalf of a company? Where a claim for breach of contract/duty is brought by a company in liquidation, is it the company or the liquidator who should be correctly named as the Claimant? In addition, is it acceptable for the liquidator to sign the statement of truth in the Particulars of Claim on behalf of the company? |
| Can a judge unilaterally decide to join another person as a defendant to proceedings, without the request of any existing party? Can you please assist me on my query. Do a judge's powers under CPR 3.2 (specifically m), extend to a Judge unilaterally deciding to join another person as a defendant to proceedings, without the request of either party already part of the proceedings? I have tried to find any relevant case law, but have been unsuccessful. |
| Do you need permission to amend a statement of case when a company that is party to litigation moves from administration into liquidation? Is the court's permission required under CPR 19 to substitute a party where the party is a company that simply changes from being in administration to in liquidation? |
| Can we amend judgment given against sole trader business so we can enforce against the sole trader personally? We have been asked to assist on a matter where a client sued a business and obtained judgment. His action was against X (X being a trading name for an unincorporated sole trader). He is now taking enforcement action and the sheriff's office has indicated that it is only able to enforce against the assets of the business X, and cannot take action against the sole trader in his personal name. As far as I can see we will need to make an application to the Court to amend the name of the defendant to "Joe Bloggs (trading as X)". Do you agree that this is the way forward. There are no limitation issues. |
| Can I apply for an injunction in a counter-claim? Can a defendant (and counter-claimant) in a claim on interpretation of a contract apply for a mandatory injunction based upon its interpretation (set out in its counter-claim)of what the contract requires or does it need to bring a separate, specific claim for breach of contract before it can apply for an injunction? |
| Is there a fee for amending particulars of claim once they have been served? Is there a fee for amending particulars of claim once served? |
| Is disclosure available in Part 8 proceedings? Are there are any disclosure requirements/provisions under CPR Part 8? |
| What pre-judgment interest rates has the court been awarding? Your Practice Note on Interest on judgment debts and costs states: 'At the end of civil court proceedings the court may award interest on a debt or damages found due. This is often referred to as "pre-judgment interest". Generally, such award is made under the Senior Courts Act 1981 or the County Courts Act 1984, and is therefore awarded for the period from the time the cause of action arose until one of the following: The date of the judgment. The date of payment, if payment is made before judgment.' Is it possible to review court judgments in the last 2 years to see what pre-judgment interest rates the court have been making? |
| Can I add a new claimant to an issued claim form if limitation has passed? I have issued a claim form at court which has not yet been served. I wish to add a new claimant to the claim form. Am I able to do this is if limitation has passed for the claimants on the issued claim form? The claim involves multiple claimants where the facts/law are substantially the same. |
| Do amended particulars of claim need to show the original text where they have not yet been served? One of my lawyers is looking to file at court, and then serve, some amended particulars. The claim form and original particulars were filed at court but they were not served, as further information was received and the particulars were amended. The amendments have been made under CPR17.1 (without notice as not yet served). Do we send the claim form, original particulars and amended particulars (which show the original particulars, as they are struck through and additions in red as per CPR 17), or just the claim form and amended particulars to the defendant? Are there any additional service procedures that need to be followed due to the fact that they are amended particulars? |
| We have filed and served a claim with the name of one of two defendants misspelt. Can we apply to amend? We have filed and served a claim with the name of one of two defendants misspelt. Can we apply to amend? |
| When will the court award simple interest? When is simple interest awarded and is there any case law which shows what rate of simple interest the courts are awarding nowadays? |
| Can I include a further counter-claim in the defence to counter-claim? Can I include a further counter-claim in the defence to counter-claim? |
| When will the court award compound interest? When will the court award compound interest? |
| How can I amend a defence after it has been filed? How can I amend a defence after it has been filed? |
| What are the rules on serving proceedings joining another party? We act in a claim where Defendant company A has filed a defence stating that a debt is owed to Company B (which has the same directors and operates from the same premises). Proceedings have already been issued against company A and a Defence has been entered by the director stating is its B's debt. We are considering adding company B as an additional defendant to the proceedings. We want to issue an additional claim against B but not serve the claim yet. At the same time we intend to ask for a stay in the proceedings. We understand that this additional claim will be treated as if it were a claim, but CPR 20.3 states that CPR 7.5 does not apply. Our question is: 1. Do the rules allow you issue and not serve an additional claim? 2. If so what is the time limit to serve that claim. |
| The defendant's address in the issued claim form is wrong. Do I need to issue a fresh claim form with the correct address before service? A claim form is served at the defendant's address, but the claimant acquires knowledge that the defendant no longer lives there. The claimant takes reasonable steps to locate the defendant, and becomes aware of a new address where the defendant currently lives. Will the claimant need to amend the address on the claim form or is he able to serve it at the new address without any amendment? Note the claim form has already been validly served on another defendant. |
| Do you have precedent particulars of claim for delivery up of goods? I am trying to find a precedent particulars of claim for delivery up of documents. Do you have one of these please? |
| Can I serve amended particulars of claim without the original text? I recently attended a hearing for permission for the Claimant to amend the particulars of claim. The judge granted the order. My query is what heading I should use if I wish to serve the particulars of claim without the original text. |
| What impact does a defendant’s change of name have on proceedings? I've been asked to consider whether a defendant company changing its name during the course of proceedings has any impact on those proceedings? I have been unable to find the answer therefore I wondered if you would be able to consider this point. |
| Does a claimant need permission to amend a claim form before it has been served, but after the limitation period has expired? By CPR 17.1(1) "A party may amend his statement of case at any time before it has been served on any other party." However, CPR 17.4 deals with amendments to statements of case after the expiry of a relevant limitation period, and limits the ability to amend to situations where an amendment will: 1. add or substitute a new claim (but only if such a claim arises out of the same facts as a claim already made); 2. correct a mistake as to a name of a party; or 3. alter the capacity in which a party claims. We have a situation where a claim form was issued on the last day of limitation period but has not yet been served. We now need to add certain further points to the claim form – these do not create a new cause of action but clarify and expand existing points. This seems to imply that CPR 17.4 does not apply to our case. We are trying to work out whether this means (i) we can't amend the claim at all, (ii) we can amend under CPR 17.1 without having to get permission or (iii) whether we need permission. Any ideas? |
| What documents need to be filed in support of an application to vest a claim in a personal representative after a sole claimant’s death? On the death of a sole claimant after an action brought in a case where the cause of action survives, the executor or administrator may obtain an order to carry on the proceedings (para 19.2.9, White Book) What evidence (for example, death certificate, grant of probate) needs to be produced with the application to obtain this order? |
| We are acting for a defendant in two separate actions arising out of the same incident. Do we have to disclose the pleadings and witness statements from Action 1 in Action 2? We act for the defendant (D) in an action brought by C1. The solicitors for C1 have found out that we are defending D in another action arising from the same incident, and C1's solicitors have asked that we disclose pleadings and witness statements for the other action. Are we obliged to disclose these documents, or can we claim privilege? |
| Do I need to obtain fresh permission to serve out where we have not yet effected service and my client has just converted to an LLP? My client has recently become an LLP, and we have served notice on the court and the other side to inform them of this change. Will we need to apply to the court again to serve the claim form and particulars of claim out of the jurisdiction (which the court previously granted)? Will we need to apply to the court again for alternative service? |
| Should a claim for interest under the Late Payment of Commercial Debts (Interest) Act be issued in separate proceedings? A client has received a claim for just under £5000 in respect of a contractual debt. The particulars of claim include a pleading for interest under section 69 of the CCA. It would appear that, at the same time, the claimant has issued a separate claim for several hundred pounds under the Late Payment of Commercial Debts legislation (different claim number, fresh claim form etc). That claim also includes a claim for interest under section 69 of the CCA. The Claimant has presumably done this to avoid taking the amount claimed over the small claims limit. Are they allowed to do this? Should the claim for interest (whether under the late payment legislation or otherwise) not be pleaded as part of the substantive dispute? |
| Do you need consent/permission to amend a claim form as well as consent/permission to amend particulars of claim? I recently agreed a consent order with the other side which gave permission to my claimant client to amend his particulars of claim. After filing and serving the amended particulars, the defendant's solicitors claimed that, because the value of the claim had increased, we should have also sought their agreement to amend the claim form. After seeking counsel's advice, for the avoidance of any doubt we filed and served an amended claim form which the defendant's solicitors agreed to accept. Counsel's view was that it was not strictly necessary to amend the claim form. In what circumstances, if any, is there a requirement to seek permission to amend a claim form (when the particulars are amended)? |
| Is statement of truth necessary on claim form where particulars of claim are attached? When issuing new proceedings under Part 7 and the particulars of claim are contained in a separate, stand alone document (i.e. they are 'attached' to the claim form), should the claimant still sign the statement of truth on the second page of the claim form (which refer specifically to "...the facts stated in these particulars of claim are true")? |
| When responding to a request for further information under CPR 18, is it also necessary to file a copy of your response with the court? I am looking for some guidance as to whether you need to file your response to a CPR part 18 request at court when replying? CPR PD suggests yes, but PLC guidance doesn't confirm this. |
| Can I sue one defendant at a time? Is there any restriction on commencing proceedings against defendants separately, in turn? The client wishes to bring a test case against one infringer of its rights and then, if successful, commence proceedings against other infringers. |
| Can the parties agree an extension of time for filing a Reply and Defence to counterclaim? Can the parties agree to extend the time for filing the Reply and Defence to counterclaim? |
| What is the procedure for amending a claim form? I need to amend a claim form to substitute the correct defendant (this has been agreed and there is an Order to this effect). I can only find guidance on amending statements of case - are there any particular requirements when amending a claim form? |