1.5 - Where and how to issue the claim

Question 1

What are the three divisions in the High Court?

Answer 1

1. Chancery
2. Queen’s Bench
3. Family

Question 2

What is the name of the umbrella court which covers specialist courts such as the Commercial Court and the Technology and Construction Court?

Answer 2

The Business and Property Court

Question 3

From which statute does the County Court derive its jurisdiction?

Answer 3

The County Courts Act 1984

Question 4

What types of judges sit in the County Court?

Answer 4

Generally, Circuit Judges and Recorders. Interim matters are generally dealt with by District Judges.

Question 5

What is ‘concurrent jurisdiction’?

Answer 5

Certain claims can be issued in the High Court or the Count Court.

Question 6

What is the most criterion in determining whether a claim can be issued in the High Court?

Answer 6

Its value.

Question 7

How is the value of a claim calculated?

Answer 7

CPR 16.3(6)
The claim’s value is its financial worth.

Disregard:

1. interest;
2. costs;
3. any counterclaim;
4. any contributory negligence; and
5. any deduction of social security benefits.

Question 8

How much, generally, must a claim be worth to be started in the High Court?

Answer 8

7A PD 2.1

Proceedings may not be started in the High Court unless the value of the claim is more than £100,000.

Question 9

How much must a personal injury claim be worth to be started in the High Court?

Answer 9

7A PD 2.2

…£50,000 or more

Question 10

Which factors should a claimant consider when it has the choice whether to start its claim in the High Court or the County Court, because there is concurrent jurisdiction?

Answer 10

7A PD 2.4
1. the financial value of the claim or amount in dispute;
2. the complexity of the facts, legal issues, remedies or procedures;
3. the importance of the outcome of the claim to the public in general;
… such that the claim ought to be heard by a High Court Judge.

Question 11

Which Part of CPR provides for transfer of cases between courts?

Answer 11

Part 30

Question 12

What criteria should the court consider when deciding whether to transfer a case?

Answer 12

CPR 30.3(2)

(a) financial value;
(b) convenience and fairness;
(c) availability of judges;
(d) complexity;
(e) public importance;
(f) human rights;
(g) any relevant public interest in having the trial in London.

CPR 30.3(3)
Secret material should be heard in the High Court.

Question 13

What is the date of issue?

Answer 13

The date of issue is the date the court puts on the claim form when it seals it and gives it a case number.

Question 14

Why is the date of issue important?

Answer 14

7A PD 5.1 and 5.2
On the date of issue the clock stops running on limitation and starts running on the deadline for serving the claim form.

Question 15

What is Money Claim Online?

Answer 15

The County Court Money Claims Centre is an online tool for issuing and responding to claims worth up to £100,000, although the POC must still be served in the traditional way.