Choice of Court

Question 1

HOW DOES A CLAIM START?

Answer 1

The claimant does this by completing a blank** claim form** and sending it together** with the fee** to the** appropriate court** with a request to issue the claim, either for the court to serve on the defendant or to return for the claimant to effect service

Question 2

High Court or County Court

Answer 2

Claims arising out of disputes in England and Wales will be
issued in either the High Court or in the County Court. The
choice of Court depends on the value of the claim.**

Question 3

Restrictions on High Court Jurisdiction

Answer 3

1. Proceedings may not be started in the High Court unless the total value of the claim is more than** £100,000,** except for personal injury claims, which may be started in the High Court if the total value of the claim is more than** £50,000**.
2. Claim Exceeding £100,000 May Be Started in County Court

Exam Tip
On your exam, when deciding where to commence a claim, remember that if the value is more than £100,000,
it may still be most appropriate to issue in the County Court, such as when the claim is a **simple case **of breach of contract.

Question 4

Transfer of Case from High Court to County Court

Answer 4

If a claimant starts proceedings in the High Court in contravention of the rules, and the court feels that the County Court is the appropriate venue, it can exercise its** powers of management **to transfer or strike out the claim.

Question 5

Issuing in the County Court
There is only one County Court, but it has multiple hearing
centres across the country. A claimant may start a claim in
the County Court as follows:

Answer 5

a.County Court Money Claims Centre
b.County Court Hearing Centres

Question 6

County Court Money Claims Centre

Answer 6

1. There is a special procedure for claiming debts owed (also known as specifed claims) of up to £100,000.
2. The claimant should complete a money claim form which will be issued by the County Court Money Claims Centre (‘CCMCC’) in Salford, Manchester.
3. Unless special procedures apply in the rules or within Practice Directions, all County Court money claims should be issued out of the County Court Money Claims Cen-tre.
4. County Court claims for damages currently are issued using an online damages portal as part of a compulsory pilot scheme.

Question 7

County Court Hearing Centres

Answer 7

1.The County Court has hearing centres in most counties. There are over 400 hearing centres nationally, and the role of the hearing centres is to manage cases, deal with applications, give directions, and, ultimately, hear trials.
2. It is possible for certain claim forms (for example, landlord and tenant or
claims for possession) to be issued out of and subsequently heard in the local hearing centre, but most claims start in the Money Claims Centre or online damages portal.
3. There is a separate procedure to issue a claim on a question that is unlikely to involve a substantial dispute of fact. Such claims can start at any County Court hearing centre unless a
rule, practice direction, or enactment provides otherwise.

Question 8

transfer of case
county court

Answer 8

Following receipt of a defence or admission, the court will normally transfer the claim to the hearing centre local to the defendant’s home address (if the defendant is an individual) or the claimant’s preferred hearing centre (if the defendant is a company).

Question 9

three divisions of the High Court:

Answer 9

Chancery, Family, and King’s Bench.

Question 10

District Registries

Answer 10

1. The High Court is to be found in London, where it is known
   as the Royal Courts of Justice or ‘RCJ’ for short.
2. However, the High Court has a number of District Registries in most large towns and cities.
3. When the claimant completes their claim form, they should indicate on the form whether they wish to issue the claim out of a District Registry and in which Division they wish to issue the claim.
4. The claimant will generally issue proceedings in the District Registry closest to where they live.
5. If the claimant simply says ‘High Court’ without specifying a District Registry, the claim will be issued out of the Royal Court of Justice in London.

Question 11

Types of Claim in King’s Bench Division

Answer 11

*Defamation;
*Breach of contract;
*Negligence;
*Personal injury;
*Land possession; and
*Non-payment of debts.

Question 12

The Specialist Courts

Answer 12

A specialist court is a court with jurisdiction limited to hearing and determining matters in a confned area of the law. Most
signifcantly, within the King’s Bench Division are the Busi-
ness and Property courts, which include the Technology and Construction Court (‘TCC’) and the Commercial Court.

Specialist courts in the Chancery Division include the Bank-ruptcy Court and the Companies Court

Question 13

Technology and Construction Court (‘TCC’)

Answer 13

The Technology and Construction Court(commonly known as the TCC) 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:
1. Claims about services provided by engineers, architects, surveyors, and other professionals
2. Environmental claims
3. Claims about local authority duties relating to land and buildings

Question 13

Chancery Division

Answer 13

Equity and trusts;
Commercial fraud;
Tax;
Intellectual property;
Land;
Business disputes;
Contentious probate;
Regulatory work;
Bankruptcy; and
Professional negligence.

Specialist courts in the Chancery Division include the Bank-ruptcy Court and the Companies Court

Question 14

Exam Tip

Answer 14

Questions on issuing claims are likely to require you to choose the most appropriate court for a claim to be
issued. To be prepared to answer these questions you should think about the following:
1. Is the claim a specifed debt (that is, a specifed money claim); or is it an unspecifed damage claim?
2. How much is the claim worth, and, even if more than £100,000, is it suitable for the High Court?
3. What is the most convenient court geographically for the claimant?
4. For High Court Claims, which division is most appropri-ate and is there a specialist court within that division which is appropriate?

Question 14

The Commercial Court

Answer 14

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:
1. Disputes over contracts and business documents
2. insurance and re-insurance
3. import, export, and carriage of goods
4. Banking and financial services