Civil Court System: Where to Start Proceedings and Jurisdiction of the Specialist Courts Flashcards
which 2 courts does a claimant have a choice in issuing proceedings?
High Court and County Court
have concurrent jurisdiction so claimant can choose where to issue proceedings - there is no requirement
where to issue:
non-personal injury claims less than or equal to 100,000
must be commenced in the County Court
where to issue:
non-personal injury claims over 100,000
can be commenced in either the County Court or High Court
see facts to determine which court is more appropriate (cost consequences if issue in the wrong court)
where to issue:
personal injury claims less than 50,000
must be commenced in the County Court
where to issue:
personal injury claims equal to or more than 50,000
can be commenced in either the County Court or High Court
see facts to determine which court is more appropriate (cost consequences if issue in the wrong court)
when will a claimant have a choice as to whether to issue in the County Court or High Court?
- Non-PI claims worth over 100,000
- PI claims worth 50,000 or over
if C has a choice to issue in either County Court or High Court, when is it appropriate to choose the High Court? (4 considerations)
claim should be issued in High Court by reason of:
1) its financial value (if it is well above the threshold)
2) complexity of the facts, legal issues, remedies or procedures involved
3) the importance of the outcome to the public generally
4) claimant believes the claim should be dealt with by a high court judge (considering their expertise)
what happens if the court disagrees with the claimant’s choice of court in issuing proceedings?
court can transfer case between courts and C can suffer cost consequences
this is why it is important to issue in the court the case will likely be tried in
what are the criteria the COURT will consider in deciding where a case should be tried? (6 considerations)
1) its financial value (if it is well above the threshold)
2) complexity of the facts, legal issues, remedies or procedures involved
3) the importance of the outcome to the public generally
4) claimant believes the claim should be dealt with by a high court judge
5) whether a specialist judge is available (unlike C’s considerations)
6) facilities available at court (unlike C’s considerations)
when deciding whether to issue proceedings in the County Court or High Court, what is included in determining the value of the claim? what is not included?
value of claim = financial worth
NOT included:
- interest
- cost
- counterclaims
- contributory negligence
- deduction of social security benefits
issuing money only claims at County Court - 3 alternative places to issue:
1) County Court Money Claims Centre
2) Online application (max 2 defendants; max 100,000 GBP)
3) County Court Business Centre (for ‘bulk users’)
what are the 4 main courts that make up the civil court system?
County Court (1 court with several ‘hearing centres’)
High Court (chancery, kings bench, and family divisions)
Court of Appeal (Civ Division)
Supreme Court
what specialist courts make up the King’s Bench Division of the High Court? (8)
- General Kings Bench Division list
- administrative court
- planning court
- commercial court
- circuit commercial court
- technology and construction court
- admiralty court
- financial list
what specialist courts make up the Chancery Division of the High Court? (7)
- business list
- insolvency and companies list
- property, trust and probate list
- revenue list
- competition list
- intellectual property list
- financial list
what court straddles both the Chancery Division and King’s Bench Division of the High Court?
Financial List
