8.5: Commecning Court Proceedings Flashcards
County court
Lower court
Although now days deals with substantial cases including contractual disputes, tortious claims, bankruptcy cases and cases involving land/property, mortgages and equity
High court
Third highest court after Supreme Court and CoA
Has three different divisions
What is the threshold for county court claims (not personal injury)
If a claim is for £100,000 or less it should go to the county court
For all other claims that aren’t personal injury
What factors apply to a case issued at the High Court
- high value claims
- claims involving complex facts or law
- where the outcome is important to the public
Claims based on certain causes of action must be brought to the High Court - what are they?
Defamation
Judicial review
Any claim under human rights act
Personal injury claims threshold
Threshold £50,000 and lower is County Court
Higher = high court
Divisions of the High Court
Kings bench - judicial review, civil case, appeals of criminal decision
Chancery - wills, IP
Family - divorce, adoption
The kings bench division and chancery division are further divided into:
Commefcial court - complex business disputes
Circuit commercial court - value up to £5 million
Admiralty court - shipping
Technology and construction court
Administrative court
Financial list
Business list
Insolvency and companies list
Competition list
Intellectual property list
Property, trusts and probate list
Revenue list
Specialist courts and groups are listed as
The Business and Property Courts of England and Wales include the commercial court, admiralty court, circuit commercial court etc
The specialist courts and lists are a division of the
Kings bench division and chancery division
The King’s Bench Division and the Chancery Division have their own
Detailed court guides which supplement the COR
KINGS BENCH GUIDE and chancery guide
Kings bench division rules
The kings bench guide
Chancery division court guide
The chancery guide
Family division rules
Separate regime to the CPR - the family procedure rules
In general high court claims are issued
Electronically
Claim form can be amended
Before it is served without the permission of court the court to add / remove or substitute parties
After the claim has been served to amend you must seek
The courts permission
If there is issue with limitation period and you want to make a change to claim form
The court has broad discretion to change the parties
The grounds for adding, removing or substituting parties after the expiry of the limitation period is
Very restrictive
As any claims against new parties would be outside the limitation period
If the claim form is served outside of the jurisdiction and the permission of the court is not required … what else must be issued?
A standard form statement of grounds must be filed with the claim form
The circuit commerical court deals with claims
Business contracts
Not suited to the commercial court due to size, value or complexity
5 million and above that would usually go to the commercial court
£50,000
Threshold for personal injury claims to go to the high court
Defamation claims must be brought at
The High Court regardless of their monetary value
Which court deals with IP issues
High court chancery division
High court - King’s bench division - administrative court deals with
Judicial reviews of decisions of government, public bodies etc
