SA6 High Court and County Court Allocation Flashcards
What are the three divisions of the HC?
a) Chancery
b) KBD
c) Family
What is the address for a high court judge?
What are their credentials?
My Lord/My Lady
Practitioners of at least 7 years standing with at least 7 years legal experience
Or
Have been a circuit judge for at least 2 years.
Who is likely to hear an interim application in relation to proceedings in a High Court District Registry?
District Judges/Masters.
From where does the County Court derive its powers?
Statute – the County Courts Act 1984.
How many County Courts are there in E&W?
April 2024 – Crime and Courts Act 2013 created a single County Court which has national jurisdiction but can sit anywhere.
Who are County Court cases heard by?
District Judges – cases <£25k in land, assessment of damages without financial limit.
Circuit judges.
Which cases MUST be brought in the HC?
- Where it is provided by statute.
- Equity claims where the value of the estate/land/fund >£350k.
- JR claims.
- Claims for libel/slander.
- Claim in respect of a toll, market or franchise.
- A claim in respect of a judicial act arising under the HRA 1998 s7(1)(a).
Which cases MUST be brought in the County Court?
- Claims for damages/specified sum <£100k.
- PI claims <£50k (PI includes disease, impairment of physical/mental condition and death).
- Consumer credit claims arising out of the CCA 1974.
- Possession claims where no part of the land is situated in Greater London.
When calculating the value of a claim, what ought to be disregarded?
- Interest
- Costs
- Any reduction for contributory negligence.
- Counterclaims/set-offs.
- Social security benefits.
Which 3 factors determine whether a claim goes to the HC where the HC and CC have concurrent jurisdiction?
a) The financial value of the claim and the amount in dispute.
b) The complexity of the facts, legal issues, remedies and procedures.
c) The importance of the outcome of the claim to the public in general.
The Administrative Court is a specialist court of which division?
KBD
What type of claims does the Financial List deal with?
Which court is it part of?
Claims which have importance to the financial markets such as derivatives, bonds and debt securities which is for more than £50 million, or claims which require particular expertise in the financial markets or which raise issues of general importance to the financial markets.
It is part of the Business and Property Courts and operates in both the Commercial Court of the KBD and the Chancery Division.
Where would Construction and engineering claims with a value > £250k be started?
High Court, KBD, Technology and Construction Court.
