1.5 - Service and Commencement of Proceedings

Question 1

Standard procedure for claims

Answer 1

CPR 7

Question 2

Alternative procedure for claims

Answer 2

CPR 8

Expedited procedure generally where there are no disputes of fact.

Question 3

The choice whether to bring a claim in the High Court or the County Court involves consideration of three matters:

Answer 3

1. Jurisdiction;
2. Rules governing commencement (CPR 7 and PD 7A);
3. Rules governing transfer (CPR 30).

Question 4

County courts derive their jurisdiction from what Act?

Answer 4

County Courts Act 1984

Question 5

What secondary legislation sets out the various jurisdictions of the High Court and County Court to hear civil claims of different values?

Answer 5

The High Court and County Courts Jurisdiction order 1991 (HCCCJO):

Non PI claims over £100,000 in either court.
Non PI claims up to £100,000 in County Court only. (7APD2.1)

PI claims over £50,000 in either court.
PI claims up to £50,000 in County Court only. (7APD2.2)

See CPR 16.3 for the value of the case.

Question 6

The value of the claim

Answer 6

CPR 16.3

The financial worth.

Disregard:

1. interest;
2. cost;
3. counterclaims;
4. contributory negligence;
5. deduction of social security benefits.

Question 7

Where should the claim be commenced (issued)?

Answer 7

7A PD

In the court where it is likely to be tried.

2.4
Subject to paragraphs 2.1 and 2.2 above, a claim should be started in the High Court if by reason of—
(1)
the financial value of the claim and the amount in dispute, and/or
(2)
the complexity of the facts, legal issues, remedies or procedures involved, and/or
(3)
the importance of the outcome of the claim to the public in general,
the claimant believes that the claim ought to be dealt with by a High Court judge.

(CPR Part 30 and Practice Direction 30 contain provisions relating to the transfer to the County Court of proceedings started in the High Court and vice-versa.)

Question 8

Transfer between the courts

Answer 8

CPR 30

The court may transfer the case if it is commenced in the wrong court.

Factors to consider are in CPR 30.3(2).

The court may order C to pay the costs of transfer.

If the matter continues in the High Court, Section 51 Senior Courts Act gives it the power to reduces costs awarded by up to 25%.

Question 9

Issuing the claim at court - which form and to whom is it sent?

Answer 9

Form N1

C’s solicitor sends copies to:

1. the court;
2. every D;
3. a copy for C.

C pays the issue fee. Other documents may be necessary such as Particulars of Claim.

Limitation time stops from the date the court issues (stamps) the N1. Time to serve on D starts running.