14. Civil procedure in the High Court

Starting proceedings

Writ of summons: The usual way to start a claim, especially where facts are in dispute, such as debt or tort claims.

Originating summons: Used where the main issue is the construction of a document or statute or another question of law, with little dispute of fact.

Originating motion and petition: Used where a statute or rule requires them, for example in some company and matrimonial matters.

Service and appearance

Service: The writ must be served on the defendant, normally personally. If personal service is impossible, the court may order substituted service.

Appearance and defence: The defendant enters an appearance and then files a defence within the times fixed by the rules.

Default and summary judgment

Default judgment: If the defendant fails to appear or file a defence, the plaintiff may obtain judgment in default.

Summary judgment: Where the defendant has no real defence, the plaintiff may apply for judgment without a full trial.

Interim relief

Interlocutory injunctions: The court may grant an injunction before trial. Following American Cyanamid Co v Ethicon Ltd, it asks whether there is a serious question to be tried and where the balance of convenience lies.

Trial and judgment

Trial: Evidence is given, witnesses are examined and cross-examined, and counsel make final addresses. Judgment follows, and appeals go to the Court of Appeal.

Limitation

Time limits: The Limitation Act 1961 bars stale claims. Broadly, actions in simple contract and tort must be brought within six years, personal injury claims within three years, and actions to recover land within twelve years.