Where and How to Issue the Claim Flashcards
Sophie wants to bring a personal injury claim worth £45,000 after a car accident. She is unsure where to issue her claim.
Where should Sophie issue her claim?
A) County Court
B) High Court
C) Either County Court or High Court
D) Small Claims Court
A) County Court
Explanation: Personal injury claims worth less than £50,000 must be issued in the County Court (PD 7A).
David is suing his former business partner for an unpaid debt of £120,000. There are no complex legal issues.
Which court should he issue his claim in?
A) County Court
B) High Court
C) Either County Court or High Court
D) Magistrates’ Court
C) Either County Court or High Court
Explanation: For non-personal injury claims over £100,000, the claimant can choose between the County Court or High Court. However, since the case is simple, the County Court is preferred.
Emma files a breach of contract claim worth £90,000 in the High Court instead of the County Court.
What could happen?
A) The case will be transferred, and she may have to pay transfer costs
B) The claim will be automatically dismissed
C) She will have to refile the case and pay another court fee
D) The High Court will handle the case without any consequences
A) The case will be transferred, and she may have to pay transfer costs
Explanation: Claims under £100,000 (non-PI) must be issued in the County Court. If wrongly issued in the High Court, the court can transfer it and may impose cost penalties (up to 25% deduction on awarded costs).
Mark is suing his landlord for £5,000 in unpaid rent. He wants to issue the claim in the simplest and most cost-effective way.
Which method should Mark use?
A) File a claim at the High Court
B) File a claim at the County Court Hearing Centre
C) Use Money Claim Online (MCOL)
D) File through the County Court Business Centre
C) Use Money Claim Online (MCOL)
Explanation: MCOL is an online service available for money claims up to £100,000 (against a maximum of two defendants).
A utility company wants to issue 200 claims for unpaid bills.
What is the most efficient way to issue these claims?
A) Issue each claim separately in the County Court
B) Use Money Claim Online (MCOL)
C) Use the County Court Business Centre (CCBC)
D) File all claims at the High Court
C) Use the County Court Business Centre (CCBC)
Explanation: Bulk users (like utility companies) can register with the CCBC in Northampton to efficiently process large volumes of claims.
Josh wants to bring a £150,000 breach of contract claim. He is approaching the limitation deadline and wants to make sure the claim is issued in time.
What is the best way to stop the limitation period from expiring?
A) File the claim form at the court and ensure it is date-stamped
B) Submit a letter to the defendant notifying them of the claim
C) Ask the court for an extension before issuing the claim
D) Wait until after the deadline and then file the claim
A) File the claim form at the court and ensure it is date-stamped
Explanation: The claim form must be issued before the limitation period expires. The date of issue is when the court receives and date-stamps the claim form.
John wants to bring a £200,000 intellectual property claim for patent infringement.
Which court should John consider?
A) County Court
B) High Court (Intellectual Property Enterprise Court - IPEC)
C) Magistrates’ Court
D) Civil National Business Centre
B) High Court (Intellectual Property Enterprise Court - IPEC)
Explanation: Patent and IP cases are highly specialist and should be issued in the IPEC, a specialist division of the High Court.
A £80,000 breach of contract claim is wrongly issued in the High Court. The judge orders a transfer to the County Court.
What penalty might the claimant face?
A) A 10% reduction in costs
B) No penalty at all
C) A 25% deduction in recoverable costs (discretionary)
D) The claim will be dismissed
C) A 25% deduction in recoverable costs (discretionary)
Explanation: If a claim is wrongly issued in the High Court, cost penalties can be imposed under section 51 of the Senior Courts Act (SCA), reducing recoverable costs by up to 25%.
A claimant submits a claim form but forgets to include the court issue fee.
What will happen?
A) The claim will be issued but delayed
B) The court will proceed but request payment later
C) The claim will not be issued until the fee is paid
D) The defendant will be required to pay the fee
C) The claim will not be issued until the fee is paid
Explanation: The court fee must be paid for the claim to be issued. The claim is not valid until the fee is received.
Sarah has one day left before her limitation period expires for a £75,000 professional negligence claim.
What should she do to ensure her claim is valid?
A) File the claim form at the High Court to be safe
B) Immediately file the claim form at the County Court Hearing Centre or Civil National Business Centre
C) Send a warning letter to the defendant
D) Wait for the limitation period to expire and then apply for an extension
B) Immediately file the claim form at the County Court Hearing Centre or Civil National Business Centre
Explanation: Filing the claim form before the limitation period expires ensures the claim is valid. The date of receipt at court stops limitation running.
