DR III Choice of Court and Issuing Proceedings

Question 1

Where do civil claim proceeding start in?

Answer 1

High Court or the County Court

Question 2

In what situation claim beginning in High

Court may seem most appropriate?

Answer 2

High Court only accepts cases where the total claim value is more than 100k. The threshold is lowered to 50k for PI.

Even if the value of the claim is over 100k, it may still start in the county court if the case is straightforward and has little relevance to the public interest.

Question 3

In what situation claim beginning in County Court may seem most appropriate?

Answer 3

For claims less than 100k or 50k for PI.

Even if the value goes exceeding 100k, if the disputed point of law/fact is straightforward, county court may still be the most appropriate forum.

Question 4

Steps to raise a money claim in county court

Answer 4

C should complete a money claim form which will be issued by the County Court Money Claims Centre (CCMCC).

If D is an indivdual, the case will then be transferred to the hearing centre local to D’s home address

If D is a company, the venue will be C’s preferred hearing centre

Question 5

Types of claims that are dealt with in Queen’s Bench Division (QBD)

Answer 5

Defamation
Breach of contract
Negligence
PI
Land Possession
Non-payment of debts

Question 6

Types of claims that are dealt with in the Chancery Division

Answer 6

Equity and Trusts
Commerical Fraud
Tax; IP
Land; Business disputes
Contentious probate
Regulatory Work
Bankruptcy
Professional Negligence

Question 7

Rules for addressing correct the parties regarding:
an individual
company
parntership

Answer 7

an individual: full unabbreviated name
as a business: full unabbreviated name trading as…(T/as)
for LLP: XXX LLP (a firm)

Question 8

importance of a statement of value

3 categories for claim value corresponding to different tracks

Answer 8

a statement of value must be included in a claim form to specify the damage sought,

Not more than 10k -> small claims track
More than 10k -> fast clams track, for PI 1k will be allocated to FT as well
More than 25K -> multi-track.

Question 9

Meaning of a debt claim

Answer 9

A claim for a specified sum (meaning not damages) is called a debt claim

Question 10

Define Particulars of Claim

Answer 10

A Particulars of Claim is a formal written statement setting out in detail the nature of the C’s case. C can include it at the back of the C form but in practice solictors will servce it as a seperate document alongside the C form or within 14 days following service.

Question 11

Define Statement of Truth

Answer 11

A claim form must contain a signed statement of truth. A statement of truth is a declaration by C that the facts stated in the C form are true.

Question 12

How does court issue proceedings?

Answer 12

The claimant will serve the court the claim form and request it to seal the claim with the court’s official seal. The court will then send a Notice of Issue to C, confirming the date the court issued the claim.

Question 13

Define part 8 Claim

Answer 13

If a claim does not involve a substantial dispute of fact. the party can issue a part 8 claim.

If the judge is convinced that a part 8 claim is suitable, C must serve evidence with the claim form and particulars of the claim. D does not make a defence but submit his own witness evidence and acknowledgement to service, if D does not respond, they cannot take part in the hearing unless the court gives permission,