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: greater than £100,000
Can a claim for more than £100,000 still be started in County Court?
Yes. There is a choice.
£100,000 or less non choice- only County Court.
How do you calculate the value of a claim?
The value of a claim is its financial worth (CPR 16.3(6)). You should disregard:
interest; costs; any counterclaim; any contributory negligence; and any deduction of social security benefits.
Where should the financial worth of a claim be stated?
Claim form issued in the High Court must state that the claimant expects to recover more than £100,000.
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 may happen if a claim in begun in an inappropriate court?
The court may transfer cases between the High Court and the County Court (CPR 30). The criteria:
(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,
(4) whether a specialist judge will be available
(5) any special requirements e.g. for disabled parties
The court may transfer the case and order the claimant to pay the costs of the transfer.
If the matter continues in the High Court, there is a separate sanction: any costs awarded in the claim can be deducted by up to 25%, but this is at the court’s discretion (section 51 SCA).
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 (now called) Civil National Business Centre in Northampton. Threshold is £100,000.
Where do most County Court cases begin?
(now called) Civil National Business Centre in Northampton
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?
Defendant is individual: Hearing centre closest to D’s home
Defendant is company: Claimant’s preferred hearing centre
What types of disputes will be heard in the Technology and Construction Court?
Court handles disputes about buildings, engineering, and surveying.
- includes claims about services provided by engineers, architects, surveyors and other professionals in the sector, especially where cases have a value of more than £250,000 or involve a new or difficult point of law.
What are the divisions of the High Court?
- Family Division
- King’s Bench Division
- Chancery Division
What King’s Bench Division’s specialist courts?
1) Mercantile court
2) Administrative Court (judicial review)
4) Commercial Court
5)Admiralty Court
6) T echnology and Construction Court (including software, public procurement, environment)
MACAT
Which two specialist courts in the Chancery Division?
1.Intellectual Property Enterprise Court
2.Insolvency and Companies Court
IPIC
What is one minor detail to key in mind about the appropriate choice of court in relation to clinical negligence claims?
cf. personal injury
* value of claim must be over £100,000
