4. Starting Proceedings: Choice of Court Flashcards
What is the claim value threshold for the High Court in the context of personal injury, and all other cases?
Personal injury: £50,000
All other cases: £100,000
Can a claim for more than £100,000 still be started in Country Court?
Yes
What are three reasons why a claim might be best suited to the High Court?
- Financial value/amount in dispute
- Complexity of the case
- 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
What types of cases are allowed to begin at any County Court hearing centre?
Claims on a question which is unlikely to involve a substantial dispute of fact
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?
Complete a money claim form which will be issued by the Civil National Business Centre (CNBC) at Northampton. Threshold is £100,000.
Where do most County Court cases begin?
Most other claims (unspecified claims for damages) also start in the Civil National Business Centre (CNBC) in Northampton.
Following receipt of a defence or admission, where will the Civil National Business Center (CNBC) normally transfer the claim if defendant is (1) an individual and (2) a company?
Defendant is individual: Hearing centre closest to D’s home
Defendant is company: Claimant’s preferred hearing centre
Beware if the defendant is a sole trader he will be viewed as an individual and therefore it will be transferred to his nearest hearing center.
Where is the central office of the High Court located and what is it also referred to?
- The High Court is to be found in London, where it is known as the Royal Courts of Justice or ‘RCJ’ for short.
- The High Court has a number of District Registries in most large towns and cities.
What types of cases are heared by the King’s Bench Division.
The King’s Bench Division typically deals with claims involving the following types of claims:
* Defamation;
* Breach of contract;
* Negligence;
* Personal injury;
* Land possession; and
* Non-payment of debts.
What types of cases are heared by the Chancery Division?
The Chancery Division typically deals with claims involving the following types of dispute:
* Equity and trusts;
* Commercial fraud;
* Tax;
* Intellectual property;
* Land;
* Business disputes;
* Contentious probate;
* Regulatory work;
* Bankruptcy; and
* Professional negligence.
Which specialist Courts are included in the Chancery division?
- The Bankruptcy Court
- The Companies Court
Which specialist Courts are included in the King’s Bench division?
Most significantly, within the King’s Bench Division are the Business and Property courts, which include the Technology and Construction Court (‘TCC’) and the Commercial Court.
What types of cases are heared by the Technology and Construction Court?
The Technology and Construction Court does not normally hear cases with a value of less than £250,000 and handles disputes about buildings, engineering, and surveying. Cases that this court hears include:
* Claims about services provided by engineers, architects, surveyors, and other professionals
* Environmental claims
* Claims about local authority duties relating to land and buildings
What types of cases are heared by the Commercial Court?
The Commercial Court handles complex national and international business disputes. There is a particular emphasis on international trade, banking and insurance. Cases heard in this court
would include:
* Disputes over contracts and business documents
* Insurance and reinsurance
* Import, export, and carriage of goods
* Banking and financial services
