4. Starting Proceedings: Choice of Court

Question 1

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

Answer 1

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

Question 2

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

Answer 2

Yes, if it is simple

Question 3

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

Answer 3

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

Question 4

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

Answer 4

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

Question 5

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?

Answer 5

Complete a money claim form online which will be issued by the (now called) Civil National Business Centre in Northampton. Threshold is £100,000.

Question 6

Where a claimant is issuing a claim for damages, what is the required process in the County Court? (unspecified claim)

Answer 6

Claimant complete standard N1 claim form. Claim will be issued out of the Civil National Business Centre in Northampton

Question 7

Where do most County Court cases begin?

Answer 7

(now called) Civil National Business Centre in Northampton

Question 8

Once the claim has been issued and 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?

(County Court)

Answer 8

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

Question 9

What are the three divisions of the High Court?

Answer 9

KBD, Chancery, Family

Question 10

Is it necessary to specify on the claims form which division of the HC you want to deal with the claim?

Answer 10

Yes

Question 11

What does the King’s Bench Division of the High Court deal with?

Answer 11

1. Defamation
2. Breach of Contract
3. Non-payment of debts
4. Negligence
5. Personal Injury
6. Land Possession

Question 12

What does the Technology and Construction Court deal with? (Specialist court within the KBD HC)

Answer 12

Deals with cases concerning technology and construction (architects/ engineers) but only if claim is worth more than £250,000

Question 13

What does the Commercial Court deal with? (Specialist division of the KBD HC)

Answer 13

Complex business disputes - often internation

Question 14

What must a claimant who wants their claim to be heard in a specialist court of the KBD HC ensure they do?

Answer 14

State this on their claim form

Question 15

What does the Chancery Division deal with?

Answer 15

1. Equity and trusts
2. Commercial fraud
3. Tax
4. IP
5. Land
6. Business Disputes
7. Contentious Probate
8. Regulatory work
9. Bankruptcy
10. Professional Negligence

Question 16

Where is the Bankruptcy Court found and what does it deal with?

Answer 16

Specialist court within the Chancery Division of the HC. Deals with individual’s bankruptcy

Question 17

Where is the Companies Court found and what does it deal with?

Answer 17

Specialist court within the Chancery Division of the HC. Deals with technical applications made under the Companies Act e.g. shareholder disputes