Litigation: Commencing Proceedings
Before considering proceedings: which court?
High Court and County Courts Jurisdiction Order 1991 (“Jurisdiction Order”)
CPR - Practice Direction 7A – apply equally to high court and county courts
Nearest court to solicitor’s office
Procedure for issuing in either court is the same – both have own distinct personalities
Restrictions for issuing in high court –
1. Only for those high value, complex cases
2. County court = 95% of cases are issued
Consider :-
Cause of action
Value of action
Nature of the case
Which Court?
County Court = unlimited jurisdiction
Cases specific to High Court =
Divisions, specialist lists, admiralty, administration and commercial
Over £100,000 cases ONLY
Value of PI must be over £50,000
Complexity of the facts and legal remedies involved
Consider importance of outcome of claim for the public at large
Cases of high value or complexity issued in high court
May be transferred back to the county
Personal injury cases
CPR PD 7A – para 2.2
o PI issues over £50,000 must be issued in High Court
o Where claimant reasonably expects to recover more than £50,000
Jurisdiction Order Art 5
MUST include on Claim Form why we are choosing to issue in High Court – claim includes personal
injury valued in excess of £50,000
Which Court? – summary
Financial substance including counterclaim
Complexity of facts, legal issues, remedies or procedures involved
Consider likely trial venue
Whether the claim is otherwise important – questions of general public interest
Benefits of high court over county court?
Specialist judges who are experienced and trained for complex issues
, DO NOT DELIBERATELY ISSUE CASE IN WRONG COURT – MAY BE STRUCK OUT
Valuation: CPR 16.3(6)
Estimate in good faith given state of knowledge at the time
DO NOT INCLUDE IN VALUATION = Disregard interest, costs, contributory negligence &
counterclaim
Statement of truth – in the claim form. Any statement of case must be verified by statement of truth under
CPR. Signed by defendant / parties. Sols can sign statement of truth as long as it is verifiable that you had
permission to do so
ANY PERSON WHO MAKES A FALSE STATEMENT – MAY BE GUILTY OF CONTEMPT
OF COURT
Which County Court/ District Registry?
ALL claims are issued in County Court Money Claims Centre – top right of Claim Form (CCMCC)
CLAIMS FORM EXAMPLE:
1. High Court
2. Queen’s bench division
3. Preston District
Transfer Of Cases: CPR 30
Who can apply? Parties can apply to transfer it if not automatically transferred by court itself
The court’s own initiative
CPR 30.3(2) relevant factors –
financial value,
convenience
specialist judges,
complexity of facts/law,
Public interest
Facilities
Declaration of incompatibility under HRA
The STATEMENTS OF CASE
Claimant: Claim Form & Particulars of Claim (time limits for doing this)
Defendant: Defence (can serve a counter claim along with the defence)
Court: Allocate (case to a track depending on the value – this dictates the timetable that has to be
followed from now on)
Viability = who we are going to sue? Who is the defendant and how are we going to name them on the
claim form?
Before considering proceedings: which court?
High Court and County Courts Jurisdiction Order 1991 (“Jurisdiction Order”)
CPR - Practice Direction 7A – apply equally to high court and county courts
Nearest court to solicitor’s office
Procedure for issuing in either court is the same – both have own distinct personalities
Restrictions for issuing in high court –
1. Only for those high value, complex cases
2. County court = 95% of cases are issued
Consider :-
Cause of action
Value of action
Nature of the case
Which Court?
County Court = unlimited jurisdiction
Cases specific to High Court =
Divisions, specialist lists, admiralty, administration and commercial
Over £100,000 cases ONLY
Value of PI must be over £50,000
Complexity of the facts and legal remedies involved
Consider importance of outcome of claim for the public at large
Cases of high value or complexity issued in high court
May be transferred back to the county
Personal injury cases
CPR PD 7A – para 2.2
o PI issues over £50,000 must be issued in High Court
o Where claimant reasonably expects to recover more than £50,000
Jurisdiction Order Art 5
MUST include on Claim Form why we are choosing to issue in High Court – claim includes personal
injury valued in excess of £50,000
Which Court? – summary
Financial substance including counterclaim
Complexity of facts, legal issues, remedies or procedures involved
Consider likely trial venue
Whether the claim is otherwise important – questions of general public interest
Benefits of high court over county court?
Specialist judges who are experienced and trained for complex issues
, DO NOT DELIBERATELY ISSUE CASE IN WRONG COURT – MAY BE STRUCK OUT
Valuation: CPR 16.3(6)
Estimate in good faith given state of knowledge at the time
DO NOT INCLUDE IN VALUATION = Disregard interest, costs, contributory negligence &
counterclaim
Statement of truth – in the claim form. Any statement of case must be verified by statement of truth under
CPR. Signed by defendant / parties. Sols can sign statement of truth as long as it is verifiable that you had
permission to do so
ANY PERSON WHO MAKES A FALSE STATEMENT – MAY BE GUILTY OF CONTEMPT
OF COURT
Which County Court/ District Registry?
ALL claims are issued in County Court Money Claims Centre – top right of Claim Form (CCMCC)
CLAIMS FORM EXAMPLE:
1. High Court
2. Queen’s bench division
3. Preston District
Transfer Of Cases: CPR 30
Who can apply? Parties can apply to transfer it if not automatically transferred by court itself
The court’s own initiative
CPR 30.3(2) relevant factors –
financial value,
convenience
specialist judges,
complexity of facts/law,
Public interest
Facilities
Declaration of incompatibility under HRA
The STATEMENTS OF CASE
Claimant: Claim Form & Particulars of Claim (time limits for doing this)
Defendant: Defence (can serve a counter claim along with the defence)
Court: Allocate (case to a track depending on the value – this dictates the timetable that has to be
followed from now on)
Viability = who we are going to sue? Who is the defendant and how are we going to name them on the
claim form?
