Starting Proceedings Flashcards
First step in starting formal court proceedings
Claimant files a claim form + the correct fee + a request to issue the claim form.
Court will then serve on D, or return to C to serve on D.
Restrictions on High Court jurisdiction
Proceedings cannot be started in the High Court unless the value of the claim is more than £100k (£50k for PI cases)
If the value of a claim if over £100k, which court(s) have jurisdiction?
The county court AND the high court.
What happens if multiple courts have jurisdiction?
Claimant’s solicitor decides which court is preferential
Reasons to file in the High Court
Financial value of the claim (but remember, can still file in County Court if over £100k)
Complexity of the case
Importance of the outcome of the case to the public in general
Why might you file a case in County Court, even though the value of the claim exceeds £100k?
It is a simple case, such as a basic breach of contract.
What happens if the claimant starts the action in the wrong court?
Court can transfer or strike out the claim. They can do this even if the claimant hasn’t directly breached the rules (e.g., the court might just feel that it is not complex enough to be heard in the high court.)
Who issues claims in the County Court?
Civil National Business Centre
Which hearing center will the court transfer the case to after a receipt of admission or defense?
The one closest to the defendant’s home address (individual) or their preferred hearing center (company)
What are the divisions of the high court?
King’s Bench Division
Chancery Division
Family Division
Types of claims heard by King’s Bench Division
Defamation
BoC
Negligence
PI
Land Possession
Non-payment of debts
What kinds of courts are the Technology and Construction Court, and the Commercial Court
Specialist courts within the King’s Branch Division of the High Court
What types of disputes are dealt with by the Technology and Construction Court
Cases about building, engineering, and surveying, usually over £250,000:
- About services provided by engineers, architects, and surveyors
- Environmental claims
- Local authority duties relating to land
What types of disputes are dealt with by the Commercial Court
Complex national and international business disputes:
- Over contracts and business documents
- Insurance and re-insurance
- Import, export, and carriage of goods
- Banking and financial services
What claims are dealt with by the Chancery Division
- Equity and trusts
- Commercial fraud
- Tax
- IP
- Land
- Business disputes
- Probate
- Regulatory work
- Bankruptcy
- Professional negligence
