Where and How to Issue the Claim Flashcards
Once claimant decides to bring claim, what must they do?
Decide in which court to issue the claim and issue the proceedings in that court.
Which court?
Two principal courts: 1) The High Court – over £100,000 (or £50,000 or more for Personal Injury) 2) The County Court – £99,999.99 or less (or £49,999.99 for Personal Injury)
What is the value of a claim?
The value of a claim is its financial worth
What should be disregarded when determining the value of a claim?
Interest, Costs, Any counterclaim, Any contributory negligence, Any deduction of social security benefits.
How should a claimant approach if there is a choice between courts?
Start in High Court if: 1) Financial value of claim, 2) Complexity of facts, legal issues, procedure, remedies, 3) The importance of the outcome to the public.
Can the County Court hear claims exceeding £100,000?
Yes, in some cases, County Court can hear claims exceeding £100,000 if it is a simple case and does not require High Court oversight.
What is the penalty for picking the wrong court?
If the court disagrees with where the case was issued, it can transfer the case. A penalty of up to 25% may be imposed if the claimant got it wrong, but this is at the court’s discretion.
What must be sent to the court when issuing a claim?
Send: 1) Copy of claim form (Form N1) to be issued and sealed, 2) Court issue fee (Varies based on track).
What is the effect of issuing a High Court claim?
The date of issue stops the time for limitation purposes and starts the clock for service of the claim form.
What is the procedure for issuing County Court claims?
Issue by post to Civil National Business Centre.
Claims that are not money-only can generally be issued at any County Court Hearing Centre.
What is Money Claim Online? What are limitations on this?
Money Claim Online allows claims up to £100,000, with no more than two defendants. D may respond through online service.
What is the process for issuing bulk County Court claims?
Users issuing many claims can become registered users at the County Court Business Centre, such as utility companies.
