DR - where claims started

Question 1

Whose name should a claim against a partnership be brought?

Answer 1

Partnership’s name

Question 2

Whose name should a claim against a sole trade be brought?

Answer 2

Individual and business name

Question 3

Whose name should a claim against a dead person with grant of probate / administration be brought?

Answer 3

PRs

Question 4

Whose name should a claim against a dead person without grant of probate / administration be brought?

Answer 4

Court to appoint someone to represent the estate

Question 5

Whose name should a claim against a child (under 18) be brought?

Answer 5

Litigant’s friend (often relative or court appointed)

Question 6

Which are the two civil courts?

Answer 6

County Court and High Court

Question 7

Where can non PI claims of over £100k be heard?

Answer 7

Either Court

Question 8

Where can non PI claims of up to £100k be heard?

Answer 8

Must be in County Court

Question 9

Where can PI claims of £50k or more be heard?

Answer 9

either court

Question 10

Where can PI claims of up to £50k be heard?

Answer 10

County Court

Question 11

When considering the value of a claim, what is disregarded?

Answer 11

• interest
• costs
• counter claim
• contributory negligence
• social security benefits

Question 12

When should a case be brought in the high Court?

Answer 12

• Value 💵
• complexity 🧠
• public interest 👀

Question 13

What happens if the court disagrees with choice of court?

Answer 13

• Court will transfer
• You’ll pay costs of transfer
• If stays in high court MAY be awarded a 25% deduction of costs