DR 4

Question 1

How are proceedings commenced?

Answer 1

By issuing a claim form setting out brief details of the claim

Question 2

What is the claim value threshold for the High Court in the context of personal injury, and all other cases?

Answer 2

Personal injury: £50,000All other cases: £100,000If under these thresholds, the claim must be started in the County Court

Question 3

Can a claim for more than £100,000 still be started in Country Court?

Answer 3

Yes

Question 4

What are three reasons why a claim might be best suited to the High Court?

Answer 4

1. Financial value/amount in dispute2. Complexity of the case (issues, remedies or procedures) and/or3. Importance of the outcome of the claim to the public in generalThese factors can also be used to determine appropriateness of starting a £100,000+ claim in County Court, e.g. is it low-complexity despite high value

Question 5

What types of cases are allowed to begin at any County Court hearing centre?

Answer 5

Claims on a question which is unlikely to involve a substantial dispute of fact

Question 6

Where a known debt is owed (specified claim i.e. sum sought is certain), what is the special procedure for claiming this in the County Court, and what is the monetary threshold within which these procedure can be availed of?

Answer 6

Complete a money claim form which will be issued by the County Court Money Claims Centre in Salford. Threshold is £100,000.

Question 7

Where do most County Court cases begin?

Answer 7

County Court Money Claims Centre in Salford

Question 8

Following receipt of a defence or admission, where will the court normally transfer the claim if defendant is (1) an individual and (2) a company?

Answer 8

Defendant is individual: Hearing centre closest to D’s homeDefendant is company: Claimant’s preferred hearing centre

Question 9

What are the divisions of the High Court?

Answer 9

• Chancery* Family * Kings’s Bench

Question 10

What should a claimant indicate on the claim form when wishing to issue a claim in the High Court?

Answer 10

Whether they wish to issue the claim out of a District Registry and in which Division they wish to issue the claim; otherwise, it will issue out of the Royal Courts of Justice (i.e. the High Court in London)

Question 11

What types of claims are heard by the King’s Bench Division of the High Court?

Answer 11

• Defamation cases* Breach of contract cases* Negligence and personal injury cases* Land possession cases and * Cases involving non-payment of debt. There are specialist courts within the King’s Bench Division as well, including the * Technology and Construction Court (claims against engineers, architects, surveyors etc)* Commercial Court (complex business disputes, especially international trade claims)

Question 12

What types of claims are heard by the Chancery Division of the High Court?

Answer 12

• Equity and trusts* Commercial fraud* Taxes* Intellectual property* Contentious probate matters* Business disputes* Professional negligence other than those handled by the TCC. There are specialist courts within the Chancery Division including: * Bankruptcy Court* The Companies Court.