DR2 - Choice of Court

Question 1

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

Answer 1

Personal injury: greater than £50,000
All other cases: greater than £100,000

Question 2

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

Answer 2

£100,000 or more - Yes, there is a choice may be started in CC.

£100,000 or less - no choice only county court

Question 3

How do you calculate the value of a claim?

Answer 3

The value of the claim is its financial worth (CPR 16.3(6).

You should disregard:
* interest cost
* any counter claim
* contributory negligence
* any deduction of social security benefits

Question 4

Where should the financial worth of a claim be stated?

Answer 4

Claim form issued in the High court must state that the claimant expects to recover more than £100,000.

Question 5

What are the 3 reasons why a claim might be best suited to the High Court for cases of over £100,000 (even though claimant can elect between county court and high court?

Answer 5

1. Financial value/ amount in dispute
2. Complexity of the case
3. Importance of the outcome of the claim to the public in general

These 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 6

If a claim for personal injury is above £50,000 does it have to be started in the High Court?

Answer 6

Above £50,000 - claimant can elect either county court or high court. However, if the claim is complex it should be started in the High Court

Less than £50,000 - claim should be commenced in county court

Note. If you want to commence personal injury claims in the county court it would be the County Court Money Claims Centre.

Cannot issue personal injury damanges claim in a regional county court.

Question 7

What may happen if a claim in begun in an inappropriate court?

Answer 7

The court may transfer cases between the High Court and the County Court (CPR 30).

The critera:
1) Financial value of the claim - amount in dispute
2) Complexity of the facts, legal issues, remedies and procedures involved
3) Importance of the outcome of the claim to the public in general
4) whether a specialist judge will be available
5) any special requirements e.g. for disabled parties

The court may transfer the case and order the claimant to pay the costs of the transfer.

If the matter continues in the High Court, there is a separate sanction: any costs awarded in the claim can be deducted up to 25% (but at the courts discretion s51 SCA)

Question 8

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

Answer 8

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

Question 9

Where a known debt is owed (specified claim), what is the special procedure for claiming this in the county court, and what is the monetary threshold within which these procedures can be used?

Answer 9

1) Complete an online money claim form or paper form which will be issued by the Civil National Business Centre in Northampton.
2) Threshold is up to £100,000

Allows individuals, busineses and solicitors to issue proceedings, check the status of the claim, request judgement and enforce it over the interest.

Can also be used for bulk users, such as utility providers and credit card companies - request judgement and enforce it over the internet.

Question 10

Where do most County Court cases begin?

CNBC

Answer 10

Civil National Business Centre in Northampton

Question 11

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

Answer 11

Defendant is individual: Hearing centre closest to D’s home

Defendant is company: Claimant’s preferred hearing centre

Question 12

What types of disputes will be heard in the Technology and Counstruction Court?

Answer 12

Court handles disputes about building, engineering and surveying.

• Includes claims about services provided by enginers, architects, surveyors and other professionals in the sector, especially in the sector, especially where cases have a value of more than £250,000 or involve a new or difficult point of law.

Question 13

What are the divisions of the High Court?

Answer 13

1. Family Division
2. King’s Bench Division
3. Chancery Division

Question 14

What King’s Bench Division’s specialist courts?

MACAT

Answer 14

1. Mercantile Court
2. Administrative Court (Judicial review)
3. Commercial Court
4. Admirality Court
5. Technology and Construction Court (including software, public procurement and environment)

Question 15

Which two specialist courts in the Chancery Division?

IPIC

Answer 15

1. Intellectual Property Enterprise Court
2. Insolvency and Companies Court

Question 16

What is one minor detail to bear in mind about the appropriate choice of court in relation to clinical negligence claims?

Answer 16

personal injury
* Value of the claim must be over £100,000

Question 17

For unspecified county court claims, where should proceedings be issued?

Answer 17

• Claimant can usually issue proceedings in any other county court hearing centres situated throughout England and Wales
• Choose a county court closest to their home or business.