8.5: Commecning Court Proceedings

Question 1

County court

Answer 1

Lower court
Although now days deals with substantial cases including contractual disputes, tortious claims, bankruptcy cases and cases involving land/property, mortgages and equity

Question 2

High court

Answer 2

Third highest court after Supreme Court and CoA
Has three different divisions

Question 3

What is the threshold for county court claims (not personal injury)

Answer 3

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

Question 4

What factors apply to a case issued at the High Court

Answer 4

• high value claims
• claims involving complex facts or law
• where the outcome is important to the public

Question 5

Claims based on certain causes of action must be brought to the High Court - what are they?

Answer 5

Defamation
Judicial review
Any claim under human rights act

Question 6

Personal injury claims threshold

Answer 6

Threshold £50,000 and lower is County Court
Higher = high court

Question 7

Divisions of the High Court

Answer 7

Kings bench - judicial review, civil case, appeals of criminal decision
Chancery - wills, IP
Family - divorce, adoption

Question 8

The kings bench division and chancery division are further divided into:

Answer 8

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

Question 9

Specialist courts and groups are listed as

Answer 9

The Business and Property Courts of England and Wales include the commercial court, admiralty court, circuit commercial court etc

Question 10

The specialist courts and lists are a division of the

Answer 10

Kings bench division and chancery division

Question 11

The King’s Bench Division and the Chancery Division have their own

Answer 11

Detailed court guides which supplement the COR
KINGS BENCH GUIDE and chancery guide

Question 12

Kings bench division rules

Answer 12

The kings bench guide

Question 13

Chancery division court guide

Answer 13

The chancery guide

Question 14

Family division rules

Answer 14

Separate regime to the CPR - the family procedure rules

Question 15

In general high court claims are issued

Answer 15

Electronically

Question 16

Claim form can be amended

Answer 16

Before it is served without the permission of court the court to add / remove or substitute parties

Question 17

After the claim has been served to amend you must seek

Answer 17

The courts permission

Question 18

If there is issue with limitation period and you want to make a change to claim form

Answer 18

The court has broad discretion to change the parties

Question 19

The grounds for adding, removing or substituting parties after the expiry of the limitation period is

Answer 19

Very restrictive
As any claims against new parties would be outside the limitation period

Question 20

If the claim form is served outside of the jurisdiction and the permission of the court is not required … what else must be issued?

Answer 20

A standard form statement of grounds must be filed with the claim form

Question 21

The circuit commerical court deals with claims

Answer 21

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

Question 22

£50,000

Answer 22

Threshold for personal injury claims to go to the high court

Question 23

Defamation claims must be brought at

Answer 23

The High Court regardless of their monetary value

Question 24

Which court deals with IP issues

Answer 24

High court chancery division

Question 25

High court - King’s bench division - administrative court deals with

Answer 25

Judicial reviews of decisions of government, public bodies etc