4. Starting Proceedings: Choice of Court Flashcards

1
Q

What is the claim value threshold for the High Court in the context of personal injury, and all other cases?

A

Personal injury: £50,000
All other cases: £100,000

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2
Q

Can a claim for more than £100,000 still be started in Country Court?

A

Yes

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3
Q

What are three reasons why a claim might be best suited to the High Court?

A
  1. Financial value/amount in dispute
  2. Complexity of the case
  3. Importance of the outcome of the claim to the public in general

These factors can also be used to determine appropriateness of starting a £100,000+ claim in County Court, e.g. is it low-complexity despite high value

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4
Q

What types of cases are allowed to begin at any County Court hearing centre?

A

Claims on a question which is unlikely to involve a substantial dispute of fact

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5
Q

Where a known debt is owed (specified claim), what is the special procedure for claiming this in the County Court, and what is the monetary threshold within which these procedure can be availed of?

A

Complete a money claim form which will be issued by the County Court Money Claims Centre in Salford. Threshold is £100,000.

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6
Q

Where do most County Court cases begin?

A

County Court Money Claims Centre in Salford

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7
Q

Following receipt of a defence or admission, where will the court normally transfer the claim if defendant is (1) an individual and (2) a company?

A

Defendant is individual: Hearing centre closest to D’s home
Defendant is company: Claimant’s preferred hearing centre

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