Learning Outcomes
After studying this article, you will be able to identify where and how to commence civil proceedings, distinguish between High Court and County Court jurisdiction, explain the critical requirements for issuing and serving claim forms (including time limits, methods, and valid addresses), and recognize the consequences of mistakes in service. You will also understand practical points relevant to SQE2 assessment scenarios on procedural compliance for initiating a civil claim.
SQE2 Syllabus
For SQE2, you are required to understand the practical steps and legal requirements when instituting civil proceedings in England and Wales. This article covers:
- Differences in jurisdiction between the High Court and County Court for civil claims.
- Requirements for issuing a claim form, including choice of court and information needed.
- Time limits for serving the claim form and the consequences of missing deadlines.
- Valid methods of service under the Civil Procedure Rules (CPR).
- Correct addresses for service considering the nature of the defendant (individuals, companies, partnerships).
- Deemed service and the relevance of service rules to limitation.
- Practical implications of procedural failures relating to issuing or serving proceedings.
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- Which factors determine whether a civil claim should be commenced in the High Court or County Court?
- What is the time limit for serving a claim form after it is issued, and what is the effect of failing to serve in time?
- Briefly list the main methods for serving a claim form within the jurisdiction according to the CPR.
- What must a claimant do if they cannot find the defendant’s current address for service?
Introduction
Commencing and serving proceedings is a critical stage in any civil dispute. The correct procedural steps must be followed for a claim to progress. The process is governed by statutory rules intended to ensure fairness, clarity, and timely justice. For SQE2, you must be able to advise clients and handle scenarios involving issuing and serving proceedings, as well as to spot and remedy procedural pitfalls.
Selecting the Right Court
Before issuing proceedings, you must identify the appropriate court. This typically depends on the claim's value and complexity.
- County Court: Handles most claims below £100,000. For personal injury, the threshold is £50,000.
- High Court: Suitable for higher-value claims, claims involving complex issues, or matters of particular public importance.
Key Term: jurisdiction
The legal authority of a court to hear and determine a claim. The correct jurisdiction depends mainly on the value and nature of the dispute.
Issuing the Claim Form
Proceedings are started when the claim form is issued at court and sealed with a court stamp. The claim form can typically be submitted:
- By post or online for money claims.
- At the County Court Money Claims Centre for most standard County Court claims.
- At the relevant High Court division for specialist or high-value claims.
Key information required includes:
- Accurate names and addresses of the parties.
- The nature and brief details of the claim.
- The statement of value, preferred court, and statement of truth.
Failure to complete the claim form accurately can delay issue or invalidate service.
Key Term: claim form
The formal document that commences civil proceedings. It states the parties, the nature of the claim, and the relief sought.
Serving Proceedings
Once issued, the claim form (and particulars of claim if not included in the form) must be validly served.
Time Limits
- The claim form must be served within four months of the date of issue (six months if serving outside the jurisdiction).
- Missing the time limit usually requires the claim to be re-issued, which could affect limitation.
Key Term: service
The formal delivery of legal documents to a party. Service ensures the defendant is properly notified of proceedings.
Methods of Service
The permitted methods include:
- Personal service (handing directly to the individual or authorized officer).
- First class post or Document Exchange (DX).
- Leaving at an address permitted by the CPR.
- Fax or electronic communication (if expressly agreed).
- Any method authorized by the court.
Addresses for Service
Service must be made at the appropriate address depending on the defendant's status:
- Individuals: Usual or last known residence.
- Sole Traders/Partnerships: Usual or last known residence/business address, or principal place of business.
- Companies: Registered office or principal place of business.
- If a solicitor is authorized to accept service: At the solicitor's address.
Key Term: deemed service
The date on which service is treated as effective under the rules, regardless of when the document is actually received.
Deemed Dates of Service
For most methods (other than personal service):
- First class post/DX: Deemed served on the second business day after posting/delivery.
- Personal service: On the day it is delivered (if before 4.30pm on a business day; otherwise, next business day).
- Fax/electronic: Same day if sent before 4.30pm on a business day; otherwise, next business day.
Limitations and Effect of Service
Correct service is essential:
- Defective service may invalidate proceedings.
- If the defendant's address is unavailable, the claimant may apply for an order for alternative service or for dispensing with service in exceptional cases.
Worked Example 1.1
A claimant issues a claim for £60,000 against a company. The claim form is posted to the company's registered office. It is posted (first class) on Thursday. On what date is service deemed effective?
Answer:
Service is deemed effective on the second business day after posting. If Thursday is a business day, service is deemed on Monday (assuming no intervening bank holidays).
Worked Example 1.2
The claimant does not know where the defendant lives. Can the claim form still be issued and served?
Answer:
The claim form may be issued with details as known, but it cannot be served until a valid address is supplied or the court dispenses with service (rare). The claimant must make reasonable efforts to find the defendant's address or apply to the court for alternative service.
Exam Warning
Errors in service can invalidate the claim or miss the limitation deadline. Always advise clients to act promptly and double-check addresses and time limits before submitting documents to the court.
Serving Particulars of Claim Separately
If the particulars of claim are not included in the claim form, they must be served separately:
- Within 14 days of service of the claim form.
- But always within the four month compliance period (six months if serving out of the jurisdiction).
If the claim form is served late or not at all, the claim is usually struck out unless relief from sanctions is granted (exceptional).
Consequences for Failing to Serve Correctly
Failing to serve the claim form within the required time period leads to the claim lapsing. The claimant would need to re-issue, and if limitation has passed, the claim may be time-barred.
Key Term: limitation period
The period within which a claim must be commenced. Missing limitation can be fatal to a claim.
Key Point Checklist
This article has covered the following key knowledge points:
- Jurisdiction for civil claims is primarily determined by value and complexity.
- The claim form must be completed accurately and issued at the correct court.
- There is a strict four month time limit for serving the claim form (six months out of the jurisdiction).
- Permitted methods of service under the CPR include personal service, post, DX, electronic means (with agreement), or as authorized by the court.
- The address for service must match the defendant's status and comply with CPR rules.
- Deemed service dates govern when service is treated as effective for deadlines and limitation.
- Defects in service or failure to serve within time can invalidate proceedings and risk missing the limitation period.
Key Terms and Concepts
- jurisdiction
- claim form
- service
- deemed service
- limitation period