Starting Proceedings - Choice of Court

Question 1

Claims must be started in the ______ Court, unless the total value exceeds £__,____ for personal injury, or £___,_____ for other claims

Answer 1

County, £50,000, £100,000

Question 2

How are all debt/specified claims commenced?

Answer 2

By completing a money claim form which is issued by the County Court Money Claims Centre in Salford

Question 3

Do most damages/unspecified claims also start in the CCMCC?

Answer 3

Yes - some may start in the High Court in exceptional circumstances

Question 4

What are the 2 hearing centre options the CMCC will usually transfer a claim?

Answer 4

1. D’s home address (if D is an individual)
2. C’s preferred hearing centre (if D is a company)

Question 5

At what point will the court normally transfer the claim to the relevant hearing centre?

Answer 5

Once the court have received a defence or admission

Question 6

Claims exceeding £50,000 for PI and £100,000 for all other claims may be commenced in the which court?

Answer 6

High Court

Question 7

What are three situations in which filing a claim in the High Court would be appropriate?

Answer 7

1. High value claims
2. Complex issues, remedies, or procedures; or
3. Outcome would be of general public importance

Question 8

Would a claim for more than £100,000 ever be appropriate to issue in the County Court?

Answer 8

Yes - for example if it was a a simple case of breach of contract

Question 9

When completing the claim form, C should indicate whether they wish to issue a claim out of a _____ _______ and in which _____ they wish to issue the claim. Otherwise it will be issued out of the Royal Courts of Justice in ______.

Answer 9

District Registry, division, London

Question 10

Give some types of claims that are typically heard in the King’s Bench Division

Answer 10

1. Defamation
2. Breach of contract
3. Negligence and Personal Injury
4. Possession of land/propery
5. Non-payment of debt

Question 11

What are 4 specialist courts in the KBD?

Answer 11

1. Technology and Construction Court
2. Commercial Court
3. Administrative Court
4. Admiralty Court

Question 12

Name some type of claims that are typically heard in the Chancery Division

Answer 12

1. Equity and trusts
2. Commercial Fraud
3. Tax
4. Intellectual property
5. Contentious Probate matters
6. Business disputes
7. Professional negligence (minus those heard in TCC)