Dispute Resolution - Starting Proceedings and Choice of Court

Question 1

High Court

Answer 1

Reasons claim should start in High Court:

1. Value of claim: only claims for more than £100,00 can be started in the High Court. Unless it is a personal injury claim where the total value of the claim must be more than £50,000
2. Complexity
3. Importance of outcome

Simple claims even if for more than £100,000 will not be heard in High Court

Question 2

County Court

Answer 2

Vast majority of claims

Money claims

Claims for Damages

Only one County Court but multiple hearing centres - once a defence or admission has been filed the claim will be transferred to the hearing centre local to the defendant’s home if they are an individual or the claimant’s preferred centre if the defendant is a company

Question 3

Divisions of the High Court

Answer 3

Three divisions

1. King’s Bench; defamation, breach of contract, negligence, PI, land possession and non-payment of debts
2. Chancery; equity and trusts, commercial fraud, tax, IP, land, business disputes, contentious probate, regulatory work, bankruptcy and professional negligence
3. Family

Two specialist courts within Kings Bench Division:

• Technology and Construction Court; does not usually hear cases with a value of less than £250,000
• Commercial Court; complex national and international business disputes

Two specialist courts within Chancery Division:

• Bankruptcy Court
• Companies Court

Must specify on claim form which division claim sould be heard in (and any specialist court if appropriate) and whether they wish to issue claim out of a District Registry